Bharatiya Nyaya Sanhita, 2023
BNS Section 35
Right of private defence of body and of property
In one line
BNS Section 35 deals with right of private defence of body and of property and replaces IPC 97.
Bare act text — BNS 35
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.
What changed from the IPC
- IPC 97 → BNS 35: Paragraphs are rephrased as clauses (a), (b), (c).
Frequently asked
What was BNS Section 35 in the IPC?
BNS Section 35 (Right of private defence of body and of property) replaces Section 97 of the Indian Penal Code, 1860. IPC 97 is now BNS 35.
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Nearby BNS sections
- BNS 30 — Act done in good faith for benefit of a person without consent
- BNS 31 — Communication made in good faith
- BNS 32 — Act to which a person is compelled by threats
- BNS 33 — Act causing slight harm
- BNS 34 — Things done in private defence
- BNS 36 — Right of private defence against act of a person of unsound mind, etc
- BNS 37 — Acts against which there is no right of private defence
- BNS 38 — When right of private defence of body extends to causing death
- BNS 39 — When such right extends to causing any harm other than death
- BNS 40 — Commencement and continuance of right of private defence of body