Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023 establishes the right of private defence of body and property, empowering individuals to protect themselves, others, and their property from certain offences. This right is subject to the limitations outlined 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.
This provision mirrors the corresponding section in the Indian Penal Code (IPC), Section 97, with similar language and intent .
⚖️ Key Provisions
Defence of Body: Individuals are entitled to protect themselves and others from offences affecting the human body, such as assault or harm.
Defence of Property: The right extends to defending both movable and immovable property from offences like theft, robbery, mischief, or criminal trespass, including attempts to commit these offences
Proportionality: The force used in defence must be proportionate to the threat faced, ensuring that the response is reasonable under the circumstances
Limitations: Section 37 outlines specific restrictions on the right of private defence, including scenarios where the threat does not reasonably cause apprehension of death or grievous hurt, and certain situations involving public servants .
🧾 Illustrative Examples
Defence of Another Person: If Person A witnesses Person B being attacked by a robber, Person A may intervene to defend Person B, using reasonable force to stop the attacker.
Defence of Property: If someone attempts to break into Person C's house, Person C may take steps to defend it against trespassers by locking doors or calling for help. If the intruder does not retreat, Person C may use a fair degree of force in countering the intrusion .
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