Law4u - Made in India

What Is BNS Section 35?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 35: Right of private defence of body and of property

BNS 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.

Brief Detail

BNS Section 35: Right of Private Defence of Body and Property

This section grants every person the right to defend:

  • Their own body and the body of others from offences that affect the human body.
  • Their own or others' property, whether movable or immovable, from acts defined as theft, robbery, mischief, or criminal trespass, or attempts to commit these offences.

Question & Answers

Q: What does BNS Section 35 allow individuals to defend?

A: BNS Section 35 allows individuals to defend their own body and the body of others from any offence affecting the human body, as well as property, whether movable or immovable, from theft, robbery, mischief, criminal trespass, or attempts to commit these offences.

Q: Are there any restrictions to the right of private defence under BNS Section 35?

A: Yes, the right to private defence under BNS Section 35 is subject to the restrictions contained in section 37.

Q: What types of property are protected under BNS Section 35?

A: Both movable and immovable property are protected under BNS Section 35.

Example

  • Example of defending the body: If someone is physically attacked, they have the right to use reasonable force to protect themselves or another person from harm.
  • Example of defending property: If a person witnesses someone attempting to steal their car, they are entitled to take necessary measures to prevent the theft, provided it is within the limits of the law.

Summary

BNS Section 35 provides individuals the right to defend themselves and others from bodily harm as well as to protect their own and others' property from theft, robbery, mischief, and criminal trespass, subject to the limitations set in section 37.

Our Verified Advocates

Get expert legal advice instantly.

Advocate B.ramreddy

Advocate B.ramreddy

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Documentation, Domestic Violence, Family, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Dilip G Bhandari

Advocate Dilip G Bhandari

Cheque Bounce,Civil,Corporate,Criminal,Divorce,Documentation,Domestic Violence,Family,Property,Succession Certificate,Wills Trusts,

Get Advice
Advocate S Ratna Kiran Kumar

Advocate S Ratna Kiran Kumar

Arbitration, Corporate, Court Marriage, Divorce, Cyber Crime, Family, Domestic Violence, High Court, Breach of Contract, Criminal, Civil, Medical Negligence

Get Advice
Advocate Amit Pratap Singh

Advocate Amit Pratap Singh

Arbitration, Banking & Finance, Armed Forces Tribunal, Cheque Bounce, Consumer Court, Civil, Cyber Crime, High Court, Insurance, International Law, R.T.I, Motor Accident, Recovery, Property, Breach of Contract

Get Advice
Advocate Brijesh Kumar Maurya

Advocate Brijesh Kumar Maurya

Court Marriage, Motor Accident, Family, Divorce, Criminal, Cheque Bounce, Anticipatory Bail, High Court

Get Advice
Advocate Vijender Kumar Bhardwaj

Advocate Vijender Kumar Bhardwaj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Wills Trusts, Revenue

Get Advice
Advocate Anithabai S

Advocate Anithabai S

Civil, Cheque Bounce, Domestic Violence, Family, Landlord & Tenant, Consumer Court, Criminal

Get Advice
Advocate Anupam Singh

Advocate Anupam Singh

Cheque Bounce,Consumer Court,Motor Accident,Family,Divorce,

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.