The Jurisprudence Of Private Defence In India: Codification, Judicial Precedents, And Contemporary Shifts
Shubham Kumbhar, Student of Law, Haveli Institute of Legal Studies & Research, Silvassa, Dadra & Nagar Haveli
ABSTRACT
This article critically examines the normative and operational framework of the right of private defence in India, tracing its codification from Sections 96–106 of the Indian Penal Code (IPC), 1860, to Sections 34–44 of the Bharatiya Nyaya Sanhita (BNS), 2023. The analysis focuses on necessity, reasonable apprehension, limits on defensive force, and the evidentiary burden applicable to a plea of private defence. It argues that the BNS substantially carries forward the IPC architecture while relocating the doctrine within the post-2023 statutory framework. The article also considers contemporary questions concerning domestic violence, cumulative abuse, and the classification of mutual confrontations as “free fights.”
Keywords: Right of Private Defence; Bharatiya Nyaya Sanhita, 2023; Indian Penal Code, 1860; Proportionality; Golden Scale Principle; Preponderance of Probabilities; Bharatiya Sakshya Adhiniyam, 2023; Battered Woman Syndrome; Criminal Justification.
