IPC Section 97 — Right of private defence of the body and of property

Summary

Every person has the legal right to defend themselves or someone else from a physical attack. They also have the right to defend their own property or someone else’s property against theft, robbery, damage, or criminal trespass, or any attempt to commit these acts. This right is subject to the limits described in section 99 of the same law.

Official Text

Every person has a right, subject to the restrictions contained in section 99, to defend: His own body, and the body of any other person, against any offence affecting the human body;
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.

Sections referred to

• IPC §99 — Acts against which there is no right of private defence

Related Judgments

• Balu Sitaram Kamble; Convict No.C/4464; Kolhapur Central Prison, Kalam vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2013)
• RAJ SINGH vs STATE OF HARYANA ETC — Supreme Court of India (2015)
• KASHI RAM & OTHERS vs STATE OF RAJASTHAN — Supreme Court of India (2008)
• RAVISHWAR MANJHI & ORS. vs STATE OF JHARKHAND — Supreme Court of India (2008)
• EX. CT. MAHADEV vs THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)
• STATE OF U.P vs GAJEY SINGH & ANR — Supreme Court of India (2009)

Old <-> New Code Mapping

• BNS §35 — Right of private defence of body and of property