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Introduction of BNS Section 35

BNS Section 35 gives every person the right to protect themselves, others, and their property from harm. This means you can defend yourself or someone else if they are in danger, as well as protect your belongings from being stolen or damaged. However, this right is subject to certain restrictions mentioned in Section 37.



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.


BNS 35 on the right of private defense for self, others, and property
BNS Section 35: Legal Support for Self-Defense

BNS Section 35 in Simple Points

Self-Defense is Not a Crime:

  • Explanation: If you defend yourself from harm, it’s not considered a crime. The law allows you to protect yourself.
  • Example: If someone tries to punch you, you can block or push them away.

Helping Others is Legal:

  • Explanation: You can defend others who are in danger without breaking the law. Your actions are protected.
  • Example: If you see someone being attacked and you step in to help, the law supports you.

Defending Property is Allowed:

  • Explanation: The law lets you protect your property from being stolen or damaged. Defending your belongings is not an offense.
  • Example: If someone tries to steal your phone, you can hold onto it and prevent the theft.

Use Only Necessary Force:

  • Explanation: When defending yourself or others, you should only use the amount of force needed to stop the threat. Don’t go overboard.
  • Example: If someone tries to grab you, pushing them away is fine, but attacking them further might not be.

Act When There’s Immediate Danger:

  • Explanation: You can only use self-defense if the threat is happening right now. If the danger is immediate, you can protect yourself.
  • Example: If someone is about to hit you, you can defend yourself right away.

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.

Bharatiya Nyaya Sanhita Section 35

AspectDetails
DefinitionActions taken in self-defense or defense of others/property are not considered a crime.
OffenseNone, if the action is taken in legitimate self-defense.
PunishmentNo punishment for actions taken in lawful self-defense.
BailableNot applicable, as lawful self-defense actions are not offenses.
Bharatiya Nyaya Sanhita Section 35

BNS Section 35 FAQs

What is BNS Section 35?

BNS Section 35 allows individuals to defend themselves, others, and their property from harm, with certain restrictions.

Can I protect my property under this section?

Yes, you can defend your property from theft or damage under BNS Section 35.

What does BNS Section 35 cover?

BNS Section 34 states that any act done in self-defense is not considered a crime.

Is there a limit to how much force I can use in self-defense?

Yes, you should only use the amount of force necessary to stop the threat.

Can I defend someone else who is in danger?

Yes, BNS Section 35 allows you to defend others who are in immediate danger.

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