Section 37Acts against which there is no right of private defence

Chapter III — General Exceptions

Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.

Text of the law

Official text (Gazette) Not yet legally reviewed

(1) There is no right of private defence,—
1. (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law;
2. (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law;
3. (c) in cases in which there is time to have recourse to the protection of the public authorities.
(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
1. Explanation 1.— A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.
2. Explanation 2.— A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

Amendments, judgments and appeal information have not been added for this section yet.

Where this text comes from: Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
Type of text: Official text (Gazette)
Pages in the Gazette: p. 15
Text version: As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
When the Act came into force: 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
Checked by computer against the Gazette?: Yes, words and structure match
Reviewed by a qualified legal professional?: Not yet
Copied on: 6 Nov 2026

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