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Behavior and Law

General Defences Under BNS

Bhartiya Nyay Sanhita 2023 (BNS) — Definitions & Key Sections

Paper III · Unit 3 Section 11 of 15 0 PYQs 24 min

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General Defences Under BNS

10.1 Private Defence — Sections 34–44

Right of private defence of body and property — equivalent to IPC Sections 96–106:

  • Available when reasonable apprehension of danger exists
  • Cannot exceed what is necessary for defence
  • Against body: extends to voluntarily causing death only when threat is of death/grievous hurt/rape/kidnapping/wrongful confinement/acid attack
  • Against property: extends to causing death only in robbery, dacoity, night-breaking-and-entering, fire

10.2 Intoxication — Section 25

Involuntary intoxication (S.25(1)): Complete defence — the person is not responsible for acts if intoxicated without knowledge or against will.
Voluntary intoxication (S.25(2)): Not a defence — voluntary intoxication does not excuse criminal liability (only mitigates when intent cannot be formed).

10.3 Insanity — Section 22

Insanity (S.22): Nothing is an offence done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong — equivalent to IPC S.84 (M'Naghten Rules).