When Self-Defence Becomes Revenge: Where Should The Law Draw The Line?
Priyanshi Parmar, BA LL.B., Amity Law School, Amity University Haryana
ABSTRACT
The right of private defence is an important part of criminal law because it allows individuals to protect themselves and others against unlawful aggression when public assistance may not be immediately available. However, defensive force may cross into retaliation when it continues after the danger has ended or is used to punish a past wrong. This paper examines that boundary under the Bharatiya Nyaya Sanhita, 2023 (BNS), particularly Sections 34–44, and considers the Supreme Court’s reasoning in Darshan Singh v. State of Punjab. Using doctrinal legal research, it analyses statutory rules and judicial principles to identify factors that distinguish protection from revenge. It argues that courts should not expect a person facing an imminent attack to calculate force with mathematical precision. At the same time, the plea of private defence should not excuse retaliatory violence. A contextual assessment of reasonable apprehension, defensive purpose, timing, and the nature of force can protect genuine defenders while preventing the misuse of self-defence as a justification for vengeance.
Keywords: Private defence; self-defence; Bharatiya Nyaya Sanhita, 2023; proportionality; imminence; criminal law; revenge.
