BNS Section 35: Right of Private Defence of Body and of Property
Section 35 BNS is part of Chapter 3, General Exemptions, in the Bharatiya Nyaya Sanhita 2023 Act. This section outlines the legal framework governing the right of private defence, both of the body and of property. It recognises an individual's right to protect themselves and their property from harm or unlawful aggression, provided the defence is proportionate to the threat faced.
This provision ensures that actions taken in self-defence are not considered an offence when the threat is immediate and the response is reasonable under the circumstances.
Definition of Section 35 of BNS
Section 35 of BNS 2023 States: 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.
Explanation and Illustration of Section 35 (Bharatiya Nyaya Sanhita, 2023)
According to Section 35 of the Bharatiya Nyaya Sanhita, 2024, the right to private defence, enables a person to protect himself, others, and also property from offences. This right provides a person with the right to act reasonably with an intent to avert harm if it falls within the limitation imposed in Section 37. Main provisions are as follows:
Right to Defend the Body:
Under Section 35(a), the right to protect not only oneself but also third parties against offences against the human body, which includes protection against assault and other direct threats to personal safety.
Right to Protect Property:
Section 35(b) states that every person has a right to protect both movable and immovable properties, whether his own or another's, from: (a) theft; (b) robbery; (c) mischief; (d) criminal trespass, or an attempt to commit any of the said offences. It thus gives effect to all measures necessary to prevent the wrongful taking or damage of property.
Illustration:
Example 1: If Person A sees Person B being attacked by a robber, Person A can intervene to defend Person B, using reasonable force to stop the attacker. The right to defend extends to protecting others, not just oneself.
Example 2: If someone tries to break into Person C's house, Person C may take steps to defend it against trespassers by locking doors, or even shout for help, and when the intruder does not retreat, a citizen can use a fair degree of force in countering an intrusion, as that is applying the right to defend property.
Section 35, accordingly, emphasises the right of individuals to protect their person and property while standing against a threat in the making or reasonably thought to be imminent, provided that their response is within the confines of reasonableness allowed by law.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key points of BNS 35
BNS-35 establishes an individual’s right to defend themselves, others, and property against certain offences. While this right is fundamental to self-preservation, it is subject to the limitations outlined in BNS-37.
Differences Between Section 35 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 35 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC section 97), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 35 | Right of private defence of body and of property. | 97 | Paragraphs are rephrased as clauses (a), (b), (c). |
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FAQs about Section 35 of the Bharatiya Nyaya Sanhita (BNS)
In what cases can a fine be imposed under Section 35?
A fine can be imposed for offences specified in the BNS, where the law allows for a monetary penalty as a punishment.
Is there a maximum or minimum limit for fines under Section 35?
The BNS specifies the amount of fine for each offence, either as a fixed sum or within a range, depending on the nature of the offence.
Can a court impose a fine along with other punishments?
Yes, a fine can be imposed along with other forms of punishment, such as imprisonment, depending on the nature of the offence.
What happens if a person fails to pay the fine?
If a convicted person fails to pay the fine, the court may impose an alternative form of punishment, such as imprisonment.
Can a fine be adjusted or reduced?
The court has discretion to adjust the amount of the fine based on factors like the severity of the offence and the offender's ability to pay.
