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

Summary

Every person has the right to defend their own body, and the body of any other person, against any offence that affects the human body. This right is subject to the restrictions mentioned in section 37.

Under clause (b), every person also has the right to defend property, whether movable or immovable, belonging to themselves or to any other person. This right applies against any act that 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.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §97 — Right of private defence of body and of property