The Jurisprudence of Personal Security: A Critical Analysis of Self-Defense Laws and Gun Legislation in India

Author(s)	Ms. Harmandeep Kaur
Country	India
Abstract	This article examines the interface between the right of private defense and firearms regulation in India. It charts the structural evolution from colonial-era legal frameworks to modern legislative frameworks. Specifically, it reviews the transition from the Indian Penal Code (IPC), 1860, to the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023. Concurrently, it evaluates the regulatory constraints imposed by the Arms Act, 1959, and its strict amendments. Unlike jurisdictions that recognize broad gun-ownership rights or "Stand Your Ground" mandates, India maintains a highly conditional, state-regulated paradigm. Through an analysis of constitutional provisions, statutory codes, and landmark Supreme Court rulings, this study evaluates the strict thresholds of proportionality, the absolute duty of retreat, and the narrow pathways for legal firearm acquisition. The findings demonstrate that while Indian law provides robust statutory immunity for defensive actions, the state intentionally limits the privatization of force by maintaining a restrictive firearm licensing regime to protect public order.
Keywords	Bharatiya Nyaya Sanhita (BNS), 2023, Right of Private Defense, Arms Act, 1959, Firearms Regulation in India, Jurisprudence of Personal Security, Proportionality Threshold
Published In	Volume 7, Issue 3, May-June 2026
Published On	2026-06-09

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