BNS 35 : Right of private defence of the body and of property.

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Introduction of BNS Section 35

BNS 35 of the Bharatiya Nyaya Sanhita gives individuals the right of private defence to protect their own body, the body of others, and property against unlawful acts like theft, robbery, mischief, and criminal trespass. This law ensures that protecting oneself or others in immediate danger is not considered a crime, provided the force used is reasonable and within the restrictions of Section 37. By replacing IPC Section 97, BNS 35 modernizes the legal framework for self-defense in India.

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The Bharatiya Nyaya Sanhita (BNS) Section 35 replaces the old Indian Penal Code (IPC) Section 97.

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What is section 35 of BNS ?

BNS Section 35 allows individuals to defend their own body, the body of another person, and their property (whether movable or immovable) against offenses like theft, robbery, mischief, or criminal trespass, as well as any attempts to commit these offenses. This right of defense is governed by specific limitations outlined in Section 37.

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BNS Section 35 in Simple Points

“Every person has the right, subject to the restrictions contained in section 37, to defend—

1. his own body, and the body of any other person, against any offense affecting the human body;
2. the property, whether movable or immovable, of himself or of any other person, against any act which is an offense falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.”

1. Right to Defend the Human Body
   BNS Section 35 gives every individual the legal right to defend their own body or the body of another person. This means if someone is attacked or threatened, they can take immediate action to protect themselves. Similarly, if another person is in danger, you are legally allowed to step in and defend them.
   Example: If a stranger is being assaulted on the road, you can lawfully help them without fear of being punished.

2. Right to Defend Property
   The law extends beyond just self-defense of the human body—it also protects property. Both movable property (like money, vehicles, phones) and immovable property (like land, house) can be defended. If someone tries to steal, rob, trespass, or damage your belongings, you are entitled to stop them.
   Example: If someone attempts to break into your home, you can lawfully act to stop them.

3. Covers Attempts as Well
   It’s important to note that the right of private defense applies not only to actual offenses but also to attempts to commit such offenses. This ensures that individuals can take preventive measures when the threat is immediate and real.
   Example: If a person tries to snatch your bag but fails, you can still defend yourself because it was an attempt at theft.

4. Reasonable and Proportionate Force
   While the right exists, it is not unlimited. The law expects individuals to use only necessary and proportionate force. You cannot inflict excessive harm beyond what is needed to stop the offense. This safeguard ensures that the right of private defense is not misused.
   Example: If someone slaps you, you cannot stab them with a knife in response, as that would be disproportionate.

5. Restrictions under Section 37
   Section 35 is not absolute—it must be read with Section 37 of BNS, which lays down limitations. These restrictions include not using the right when there is time to seek protection from public authorities, and not inflicting more harm than necessary.

6. No Punishment for Genuine Defence
   If actions are taken within the legal boundaries of Section 35, the defender is completely shielded from criminal liability. The law recognizes such acts as lawful, not criminal. However, if someone misuses this right and causes excessive harm, they may face punishment.

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Section 35 BNS Overview

BNS Section 35 states that any act done in the exercise of private defense, whether for oneself, others, or property, is not considered an offense. The law supports your right to protect yourself and others from immediate danger without fear of legal consequences.

10 Key Points of BNS Section 35 Explained

1. Right to Protect Your Body:
   • You have the right to defend yourself if someone tries to harm you. The law supports your actions if you need to protect your body from an attack.
   • Example: If someone tries to hit you, you can block the attack or push them away to protect yourself.
2. Right to Protect Others:
   • You are allowed to defend another person if they are in danger. The law recognizes your right to step in and help someone who is being threatened.
   • Example: If you see a person being attacked, you can intervene to protect them.
3. Defense of Property:
   • You can defend your belongings, like your home, car, or any other property, from being stolen or damaged. The law permits you to take action to protect what belongs to you.
   • Example: If someone tries to break into your house, you can stop them to protect your property.
4. Protection Against Theft:
   • The law allows you to defend yourself and your property from theft. If someone tries to steal from you, you have the right to protect your belongings.
   • Example: If a thief tries to grab your purse, you can hold onto it and prevent them from taking it.
5. Protection Against Robbery:
   • You can defend yourself from robbery, which involves force or threats. The law permits you to protect yourself in such situations.
   • Example: If someone tries to rob you at knifepoint, you can defend yourself and try to escape.
6. Defense Against Mischief:
   • If someone tries to damage your property or cause trouble, you can take action to stop them. The law recognizes your right to prevent mischief.
   • Example: If someone tries to vandalize your car, you can stop them to protect your property.
7. Protection from Criminal Trespass:
   • If someone unlawfully enters your property, you have the right to defend your space. The law allows you to stop trespassers.
   • Example: If someone sneaks into your yard without permission, you can ask them to leave or take steps to remove them.
8. Reasonable Force is Allowed:
   • The law permits you to use reasonable force when defending yourself, others, or your property. You can use enough force to stop the threat but should not go beyond what is necessary.
   • Example: If someone attacks you, you can fight back, but only as much as needed to protect yourself.
9. Restrictions Under Section 37:
   • The right to private defense is subject to certain restrictions mentioned in Section 37. This means that while you have the right to defend yourself and your property, there are limits to how and when you can use this right.
   • Example: You can’t use excessive force in situations where a lesser response would be enough.
10. Legal Protection for Defenders:
    • The law protects those who act in self-defense or in defense of others or property. If your actions are within the legal limits, you won’t face punishment for defending yourself or others.
    • Example: If you defend yourself from an attacker and they get injured, the law protects you from being charged with a crime.

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Comparison: BNS Section 35 vs IPC Section 97

BNS Section 35 FAQs

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Conclusion

BNS Section 35 safeguards every citizen’s right to defend themselves, others, and their property from unlawful attacks or harm. It strikes a balance by allowing necessary and reasonable force, while also setting boundaries under Section 37 to prevent misuse of this right. By replacing IPC Section 97, this provision strengthens the legal recognition of self-defense and property protection in India.

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Finished with BNS Section 35 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..

• BNS 36 : Right of private defence against the act of a person with mental illness, etc.
• https://marriagesolution.in/bns_section/bns-36/
• BNS 37 : Acts against which there is no right of private defence.
• https://marriagesolution.in/bns_section/bns-37/
• BNS 38 : When the right of private defence of the body extends to causing death.
• https://marriagesolution.in/bns_section/bns-38/
• BNS 39 : When such right extends to causing any harm other than death.
• https://marriagesolution.in/bns_section/bns-39/
• BNS 40 : Commencement and continuance of the right of private defence of the body.
• https://marriagesolution.in/bns_section/bns-40/

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

Full IPC Section List: https://marriagesolution.in/ipc-section-list

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