Section 34

The right of private defence recognizes that the state cannot always be present to protect a person or their property at the moment of an attack, so the law allows individuals to protect themselves, others, and property using reasonable force. This principle traces back to the Indian Penal Code, 1860 (Sections 96-106), and has been carried forward with modernized language into the Bharatiya Nyaya Sanhita, 2023. Section 34 is the opening declaration of this right, stating simply that acts done in genuine private defence are not offences, while the detailed limits and conditions are laid out in the sections that follow.

Indian courts, interpreting the equivalent provision under the Indian Penal Code (Section 96), have consistently held that the right of private defence is not a licence for retaliation or aggression but a shield available only when there is a reasonable apprehension of danger. Courts such as the Supreme Court in cases like Darshan Singh v. State of Punjab (2010) have clarified that the right must be exercised proportionately, cannot be used to justify revenge after the danger has passed, and the burden of proving the exercise of this right, though not as heavy as the prosecution's burden, lies on the person claiming it.

• Myth: Private defence means you can do anything to someone who attacks or threatens you, including killing them for a minor threat.
  Fact: Courts have clarified that the force used must be reasonable and proportionate to the danger faced; excessive or retaliatory force is not protected under this right.
• Myth: You can claim private defence even after the attacker has stopped and is retreating.
  Fact: The right applies only while the danger is ongoing or imminent; once the threat ends, further action is not covered as private defence.