Section 35 BNS: Right of private defence of body and of property

Bharatiya Nyaya Sanhita, 2023

Section 35 BNS at a Glance

Section 35 BNS deals with right of private defence of body and of property. It replaced Section 97 IPC on 1 July 2024.

Punishment

None. Section 35 BNS creates no offence.

IPC Equivalent

Section 97 →

Section 35 BNS Bare Act Text

35. Right of private defence of the 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.

Source: Section 35, Bharatiya Nyaya Sanhita, 2023

Section 35 BNS in Simple Words

Section 35 of the Bharatiya Nyaya Sanhita (BNS) explains the right of private defence. It recognises that a person need not wait helplessly for the police when there is an immediate threat. The law allows you to defend your own body, the body of another person, and certain property, subject to the restrictions in Section 37 BNS.

This right applies to ordinary citizens when there is a real and present danger. It is not a licence to take revenge or use excessive force. The response must stay within reasonable limits and must be used only to stop the threat.

In practice, this section matters in assault cases, robbery situations, house trespass, theft, and similar emergencies where quick action is needed. It gives legal protection to a person who acts honestly and proportionately to prevent harm.

Ingredients of Section 35 BNS

  • The act defended against is an offence affecting the human body, whether of the person or of another
  • Or the act is an offence of theft, robbery, mischief or criminal trespass against movable or immovable property, or an attempt to commit one
  • The defence stays within the restrictions in Section 37 BNS

Punishment Under Section 35 BNS

Imprisonment

None. Section 35 BNS creates no offence.

Fine

None.

Section 35 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 35 BNS

In Lucknow, a shopkeeper sees a man lunge with a knife at a customer and strikes the attacker's arm with a stick to stop him. The offence threatened affects the human body of another person, so Section 35 BNS gives the shopkeeper a right to defend the customer, within the limits in Section 37 BNS.

When Section 35 BNS Does Not Apply

  • The act resisted is not an offence affecting the human body, and is not theft, robbery, mischief, criminal trespass or an attempt at one
  • The restrictions in Section 37 BNS apply to the case

Section 35 BNS in the IPC (Previous Law)

Section 35 BNS replaces Section 97 IPC from the old criminal code.

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.

View IPC Section 97 →

FAQs on Section 35 BNS

Can I hit someone first under Section 35 BNS?▼

Only if there is a real and immediate danger and the law otherwise allows private defence. You cannot use this section for revenge, threats, or a fear that is too remote. The force used must be proportionate to the danger faced.

Does the right under Section 35 BNS apply if I am defending another person?▼

Yes. Section 35 BNS clearly covers defence of your own body as well as the body of another person. The same basic limits apply, so the response must be necessary and reasonable.

Under Section 35 BNS, can I use private defence for property disputes?▼

Yes, but only in cases where the law recognises a right to defend property, such as against theft, robbery, mischief, criminal trespass, or an attempt to commit them. A civil ownership dispute by itself does not justify force. The situation must involve an actual unlawful interference.

How does Section 35 BNS apply under the new criminal law?▼

Yes, the principle remains in force. The earlier provision has been carried into Section 35 BNS of the Bharatiya Nyaya Sanhita (BNS), 2023. Courts and lawyers now refer to the new code for fresh cases, while established principles still help in understanding the rule.

Have questions about Section 35 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·