Bharatiya Nyaya Sanhita, 2023 — Section 35
Right of Private Defence of Body and of Property
Section 35 gives every person the right, subject to the restrictions in Section 37, to defend two
distinct things: (a) their own body and the body of any other person, against any offence affecting
the human body, and (b) property, whether movable or immovable, belonging to themselves or to any
other person, against theft, robbery, mischief, criminal trespass, or an attempt at any of these.
Please note: This page reflects our understanding of the law as of the date it was
last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret
this law, and this page may not yet reflect the most recent change. Please verify the current text
of the law independently, and consult a licensed advocate for advice on your own matter, before
relying on this page.
Corresponding Provision Under Prior Law
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan
Portal) and cross-checked directly against the bare text of both Acts. Section 35 is marked
Exact correspondence:
| BNS 35 | Covers | IPC, 1860 equivalent | Category |
|---|
| 35 | Right of private defence of the body and of property | S.97 (identical substance) | Exact |
Comparing the bare text directly, BNS Section 35 carries the same two-limb rule as old IPC Section
97 without substantive change. Two purely formatting/renumbering differences: IPC 97 expressed the
two limbs as continuous unlettered prose using "First." and "Secondly."; BNS 35 reformats these as
lettered clauses (a) and (b) — the same reformatting-only change seen at Section 28 (formerly
IPC 90). Also, the internal cross-reference to the restrictions section is renumbered from
"section 99" to "section 37," reflecting the Sanhita's own numbering.
Quick Reference
Section 35 is a General Exception — it defines the two things the right of private defence
protects, not itself a stand-alone offence. It carries no BNSS First Schedule entry and no
cognizable/bailable/compoundable/triable-court classification of its own; it operates as a complete
defence to whatever charge a genuinely defensive act might otherwise attract.
Who holds the right: every person — the right is not limited to defending
oneself; it extends to defending any other person's body, and any other person's property, as well.
What it protects (clause (a)): the body — one's own, or any other person's
— against any offence affecting the human body.
What it protects (clause (b)): property, movable or immovable, one's own or any
other person's, against theft, robbery, mischief, or criminal trespass, or an attempt to commit any
of these.
Subject to: the restrictions set out in Section 37 (circumstances in which the
right of private defence does not exist), which this section itself does not define.
Effect where it applies: an act genuinely done in exercise of this right, within
the extent later sections permit, is not an offence.
Statutory Text (Verbatim)
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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Clause (a) — Defence of the body, one's own or another's
Explanation (Lexovia's Commentary)
This clause protects the human body against any offence affecting it — a deliberately broad phrase covering assault, hurt, grievous hurt, wrongful restraint, and other bodily offences, not just the gravest attacks. Crucially, the right is not confined to self-defence: a person may exercise it to protect their own body or the body of any other person, meaning a bystander may lawfully step in to defend a stranger being attacked, not only a family member or friend. The right operates subject to Section 37's restrictions, which this clause does not itself state.
Illustration (Lexovia's Own Example)
A passer-by sees a stranger being violently assaulted on the street by an attacker. The passer-by pulls the attacker away and restrains them until the assault stops, causing the attacker minor injury in the process. Because the passer-by was defending another person's body against an offence affecting the human body, and subject to Section 37's restrictions being satisfied, Section 35(a) supports treating this as an exercise of the right of private defence.
Clause (b) — Defence of property, one's own or another's
Explanation (Lexovia's Commentary)
This clause protects property — movable or immovable, one's own or another person's — but only against four specific categories of wrongdoing: theft, robbery, mischief, and criminal trespass, or an attempt to commit any of these. Property offences outside these four categories (for instance, criminal breach of trust) do not fall within this clause. As with clause (a), the right extends to defending property belonging to someone else, not only one's own.
Illustration (Lexovia's Own Example)
A shopkeeper's neighbour is away, and the shopkeeper sees a stranger attempting to break into the neighbour's locked shop at night, clearly attempting theft. The shopkeeper intervenes and physically stops the stranger from breaking in, causing the stranger a minor scrape in the struggle. Because the shopkeeper was defending another person's property against an attempt to commit theft, and subject to Section 37's restrictions being satisfied, Section 35(b) supports treating this as an exercise of the right of private defence.
Want legal research on any topic or drafting? Order Now →
These judgment(s) relate to Section 35 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.
Ratheeshkumar @ Babu v. State of Kerala & Anr., Criminal Appeal No. 1049 of 2018 (reportable order) (Supreme Court of India, decided 09 January 2025)
Quoted Paragraph (Verbatim)
Para No. 16
“Section 97 of the IPC further provides that every person has a right of private defence to defend his own body and the property, subject to the restrictions contained in Section 99.” (para 16)
What This Judgment Means (Lexovia's Commentary)
Para 16 sets out IPC s.97 (BNS 35): right of private defence of body and property, subject to s.99 restrictions.
Source: copy of the judgment obtained from the Supreme Court of India's official website.
Related / Cross-Referenced Sections
Section 34 (Things done in private defence), the foundational statement of the right this section
begins to define, and Section 37 (Acts against which there is no right of private defence), which sets out the restrictions this section is expressly made subject to.
FAQs
Can a person exercise this right to protect someone else, not just themselves?
Yes. Both clauses extend the right to defending another person's body or another person's
property, not only one's own.
Does this right protect property against every kind of property offence?
No. It applies only against theft, robbery, mischief, or criminal trespass, or an attempt to
commit any of these — not against every offence relating to property.
Is this right unlimited once these conditions are met?
No. The right operates subject to the restrictions in Section 37, and its extent (including
when it may extend to causing death) is defined by the sections that follow this one.