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.

Related Judgments

• STATE OF HARYANA v. SMT. KAMLA AND ORS. APRIL 30, 1996 B — Supreme Court of India (S)
• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• S.C.R. 642 DARSHAN SINGH v. STATE OF PUNJAB & ANR — Supreme Court of India (2010)
• RAVISHWAR MANJHI & ORS v. STATE OF JHARKHAND 427 — Supreme Court of India (2008)
• S.C.R. SUKUMARAN v. STATE REP. BY THE INSPECTOR OF POLICE — Supreme Court of India (2019)
• MANJEET SINGH v. STATE OF HIMACHAL 801 PRADESH — Supreme Court of India (2014)
• SC (2009) Vol.2 p.998 — Supreme Court of India (2009)
• S.C.R. 1136 1136 EX. CT. MAHADEV v. THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)

Old <-> New Code Mapping

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