Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines the right of private defence concerning the human body and property. This provision allows individuals to protect themselves, others, and their property from certain offences, subject to the limitations specified in Section 37.
📜 Text of Section 35
Section 35: Right of private defence of body and of property
Every person has a right, subject to the restrictions contained in section 37, to defend—
(a) his own body, and the body of any other person, against any offence affecting the human body;
(b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.(
⚖️ Key Features
Defence of Body: Individuals are permitted to protect themselves and others from offences affecting the human body.
Defence of Property: Protection extends to both movable and immovable property against acts such as theft, robbery, mischief, criminal trespass, or attempts to commit these offences.(
Subject to Restrictions: The exercise of this right is subject to the restrictions outlined in Section 37 of the BNS.(
🔄 Comparison with IPC
Section 35 of the BNS is similar to Section 97 of the Indian Penal Code (IPC), 1860, which also provides individuals the right to defend their own body and property, as well as the body and property of others, against certain offences. The primary difference lies in the specific provisions and limitations set forth in the BNS.
🧭 Significance
This section is crucial in ensuring that individuals have the legal right to protect themselves and their property from harm or unlawful aggression. It balances the need for personal security with the principle of proportionality in the use of force, as further detailed in subsequent sections of the BNS
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