What Is BNS Section 35?

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.