Section 97 IPC: Right of private defence of the body and of property
Indian Penal Code, 1860
Section 97 IPC at a Glance
Section 97 IPC deals with right of private defence of the body and of property. From 1 July 2024 it is replaced by Section 35 BNS.
None. Section 97 IPC creates no offence.
Section 97 IPC Bare Act Text
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.
Source: Section 97, Indian Penal Code, 1860
Section 97 IPC in Simple Words
Section 97 of the Indian Penal Code (IPC) gives every person a right of private defence of the human body, their own or anyone else's, against any offence affecting it. It also covers property, movable or immovable, against theft, robbery, mischief or criminal trespass, or an attempt at them. The right is subject to the restrictions in Section 99 IPC.
Ingredients of Section 97 IPC
- 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 99 IPC
Punishment Under Section 97 IPC
None. Section 97 IPC creates no offence.
None.
Section 97 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.
Example of Section 97 IPC
When Section 97 IPC Does Not Apply
- The act being resisted is neither an offence affecting the human body nor an offence or attempted offence of theft, robbery, mischief, or criminal trespass.
- The wrong to property is an offence such as criminal breach of trust or cheating, which is outside the four property offences listed in Section 97 IPC.
- There is sufficient time to seek the protection of the public authorities under Section 99 IPC.
- The defender inflicts more harm than is necessary for the purpose of defence, violating the restriction in Section 99 IPC.
Section 97 IPC in the BNS
Section 97 IPC is now covered under Section 35 BNS.
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 detailed comparison (IPC 97 vs BNS 35) →FAQs on Section 97 IPC
What does Section 97 IPC say?▼
That every person has a right, subject to the restrictions in Section 99 IPC, to defend their own body and the body of any other person against any offence affecting the human body, and property against theft, robbery, mischief, criminal trespass or an attempt at them.
Can I defend another person under Section 97 IPC?▼
Yes. The right covers the body of any other person, and the property of any other person.
Under Section 97 IPC, does the right of private defence cover property?▼
Yes, movable or immovable, but only against theft, robbery, mischief, criminal trespass or an attempt to commit one of them.
Is Section 97 IPC an offence?▼
No. It creates no offence. It is a General Exception that states the right.
What is the BNS equivalent of Section 97 IPC?▼
Section 35 BNS, which refers to the restrictions in Section 37 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·