IPC 97→BNS 35

IPC 97 to BNS 35: Right of private defence of the body and of property

Section 97 IPC (1860) replaced by Section 35 BNS (2023)

View IPC Section 97 →View BNS Section 35 →

IPC 97 to BNS 35 at a Glance

Section 97 IPC (Right of private defence of the body and of property) is now Section 35 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 97 to BNS 35?

Section 35 BNS keeps the right and both of its heads. It sets them out as clauses a and b in place of First and Secondly, drops the word the from the heading, and refers to the restrictions in Section 37 BNS, which now sits where Section 99 IPC did.

IPC 97 vs BNS 35: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section9735
OffenceRight of private defence of the body and of propertySame
PunishmentNone. Section 97 IPC creates no offence.None. Section 35 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 97 and BNS 35: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 97, IPC 1860

97. Right of private defence of the body and of property.—Every person has a right, subject to the restrictions contained in section 99, to defend— First.—His own body, and the body of any other person, against any offence affecting the human body; Secondly.—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.
BNS 2023 (in force)

Section 35, BNS 2023

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.

Ingredients: IPC 97 vs BNS 35

Under IPC 97
  1. The act defended against is an offence affecting the human body, whether of the person or of another
  2. Or the act is an offence of theft, robbery, mischief or criminal trespass against movable or immovable property, or an attempt to commit one
  3. The defence stays within the restrictions in Section 99 IPC
Under BNS 35
  1. The act defended against is an offence affecting the human body, whether of the person or of another
  2. Or the act is an offence of theft, robbery, mischief or criminal trespass against movable or immovable property, or an attempt to commit one
  3. The defence stays within the restrictions in Section 37 BNS

What IPC 97 to BNS 35 Means for Pending Cases

For Section 97 IPC (now Section 35 BNS): nothing changes in who may defend a body or property by private defence. Section 35 BNS carries over both heads and the restrictions, now set out in Section 37 BNS.

FAQs: IPC 97 to BNS 35

What changed when Section 97 IPC became Section 35 BNS?▼

Only the form. First and Secondly become clauses a and b, the heading drops the word the, and the restrictions are now in Section 37 BNS. The right is the same.

Where does Section 97 IPC sit in the BNS?▼

In Section 35 BNS, in Chapter III, General Exceptions.

Does Section 97 IPC or Section 35 BNS apply to an act done before 1 July 2024?▼

Section 97 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 97 IPC. Section 35 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·