Section 35 BNS: Right of Private Defence of Body and Property
Section 35 of the Bharatiya Nyaya Sanhita, 2023 defines the basic scope of the right of private defence. It protects the right of a person to defend the human body and certain interests in movable or immovable property, subject to the statutory restrictions contained in Section 37 and the connected provisions on private defence.
Text of Section 35 - Bharatiya Nyaya Sanhita, 2023
35. 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.
Meaning and scope of Section 35 BNS
Section 35 creates two broad branches of private defence. The first concerns protection of the human body. A person may defend his or her own body as well as the body of another person against an offence affecting the human body. The second concerns property. It extends to movable and immovable property belonging to the person exercising the right or to another person.
The property branch is tied to specified offences: theft, robbery, mischief and criminal trespass, including attempts to commit those offences. The existence of a right under Section 35 does not mean that unlimited force may be used. The provision expressly makes the right subject to the restrictions contained in Section 37 BNS, and the permissible extent and duration of the right are governed by the other provisions in the same group.
Key points under Section 35
- The right is available to every person, subject to statutory restrictions.
- It protects one's own body and the body of any other person.
- It protects both movable and immovable property.
- For property, the provision specifically refers to theft, robbery, mischief and criminal trespass, including attempts.
- The right must be read with Sections 34 to 44 BNS, especially Section 37 on restrictions and Sections 38 to 44 on the extent and duration of private defence.
How Section 35 fits within the BNS private-defence provisions
Section 34 BNS states the general rule that an act done in exercise of the right of private defence is not an offence. Section 35 then identifies what may be defended. Section 36 BNS addresses private defence against certain acts that may not themselves amount to offences because of the status or condition of the person doing the act.
Section 37 BNS places restrictions on the exercise of private defence, including circumstances where there is time to seek protection from public authorities and the principle that the right does not extend to inflicting more harm than is necessary for defence. Sections 38 and 39 address when defence of the body may extend to causing death or lesser harm, while Section 40 addresses when the right of private defence of the body begins and continues. The later provisions deal with the corresponding rules for property and situations involving risk to an innocent person.
Right of private defence of the body
Under clause (a), the right is not confined to self-defence in the narrow sense. A person may act to protect another person from an offence affecting the human body. Whether a particular use of force is protected depends on the facts and must be tested against the restrictions and limits imposed by the connected BNS provisions.
Right of private defence of property
Clause (b) applies to property whether movable or immovable and whether it belongs to the defender or another person. However, the clause is not framed as a general licence to use force in every property dispute. It is linked to acts amounting to theft, robbery, mischief or criminal trespass, or attempts to commit those offences.
Official legal status of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received Presidential assent on December 25, 2023. The Central Government appointed July 1, 2024 as the commencement date for the provisions of the BNS, except Section 106(2).
For the authoritative statutory text, see the Ministry of Home Affairs - New Criminal Laws page and the official Gazette publication of the Bharatiya Nyaya Sanhita, 2023.
Frequently asked questions
What does Section 35 BNS protect?
It protects the right to defend one's own body, another person's body, and movable or immovable property in the circumstances specified by the section, subject to the statutory restrictions governing private defence.
Can a person defend property belonging to someone else?
Yes. Clause (b) expressly refers to property of the person exercising the right or of any other person.
Does Section 35 permit unlimited force?
No. Section 35 itself makes the right subject to Section 37. The extent of permissible harm and the period during which the right continues are further governed by the connected private-defence provisions.