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BNS Section 35

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 35

Right of private defence of the body and of property

Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the right of private defence of body and property.


IPC Section 97

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.

Example: Vijay sees someone attacking Priya and therefore pushes and hits the attacker. Here, Vijay has exercised the right to private defence by helping another person out of danger and is therefore protected under the law. 


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