Picture this. It is past midnight. You are asleep in your home with your family. Suddenly, you hear the sound of glass breaking. Someone is forcing their way into your house. Your heart pounds. Your hands tremble. In that terrifying moment, the police are at least fifteen minutes away, but the danger is right in front of you. What does the law say? Can you fight back? Can you use force to protect your family? Will you be arrested if you injure the intruder? Can you be charged with assault or even murder?
If these questions have ever crossed your mind, you are not alone. Every day, millions of Indians face situations where they must choose between protecting themselves and their property or risking criminal prosecution. The good news is that the law is firmly on your side. Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023 gives every citizen a powerful legal shield called the right of private defence. This right allows you to protect your own body, the body of others, and your property from unlawful attacks without fear of being branded a criminal.
In this comprehensive guide, we will walk through every single aspect of Section 35 of the BNS, 2023. We will read the law in plain language. We will understand what it means in real life. We will explore how it connects to related sections of the BNS, what the Supreme Court has said about it, and what you should do if you ever find yourself in a situation where you must defend yourself or your property. Whether you are a homeowner, a business owner, a parent, a student, or simply a concerned citizen who wants to know your rights, this article has been written for you. So let's dive deep into the world of private defence and understand why knowledge is your best weapon against unlawful aggression.
Related Reading: Before we dive in, if you are interested in understanding how India's new criminal laws protect citizens from arbitrary state action, you may also want to read our detailed guide on Bharatiya Nyaya Sanhita (BNS), 2023 – Complete Overview.
Table of Contents
- 1. What Is Section 35 of BNS? Reading the Law in Simple Words
- 2. When Can a Person Use Private Defence?
- 3. Defence of the Body Under Section 35 BNS
- 4. Defence of Property Under Section 35 BNS
- 5. Reasonable Force in Private Defence: The Golden Rule
- 6. Limits of Private Defence: Where the Right Ends
- 7. From IPC to BNS: How Section 35 Evolved from Section 97 IPC
- 8. Judicial Interpretation and Landmark Supreme Court Cases
- 9. Practical Scenarios: Real-Life Examples of Private Defence
- 10. Related Sections of BNS: The Complete Private Defence Framework
- 11. Common Misconceptions About Private Defence
- 12. Frequently Asked Questions (FAQs)
- 13. Conclusion and Key Takeaways
1. What Is Section 35 of BNS? Reading the Law in Simple Words
Before we explore the deeper meaning and implications, let's look at the exact text of Section 35 as it appears in the Bharatiya Nyaya Sanhita, 2023. Understanding the actual words of the law is the first step to understanding your rights.
Section 35 of the Bharatiya Nyaya Sanhita, 2023 reads as follows:
"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."
That's the core of Section 35. Two clauses. But these few lines carry enormous weight. They give every Indian citizen the legal right to protect themselves, their loved ones, and their belongings from unlawful attacks. Let's break this down piece by piece so that anyone can understand what it really means.
Clause (a): Defence of the Body
The first clause says that every person has the right to defend his own body and the body of any other person against any offence affecting the human body. This means:
- You can protect yourself from any physical attack, assault, or threat to your body.
- You can protect your family members—your spouse, children, parents, siblings—if they are under attack.
- You can protect total strangers—a bystander being mugged, a woman being harassed, a child being abducted.
- The protection extends against any offence affecting the human body—murder, assault, kidnapping, wrongful confinement, and any other crime that threatens physical safety.
This is a fundamental right of self-preservation recognized by the law. The state cannot be everywhere at all times. When danger strikes and the police are not present, the law does not expect you to stand still and suffer. It empowers you to act.
Clause (b): Defence of Property
The second clause says that every person has the right to defend property, whether movable or immovable, of himself or of any other person, against specific offences. These offences are:
- Theft: When someone unlawfully takes your movable property with the intention to permanently deprive you of it.
- Robbery: When theft is accompanied by violence, force, or the threat of force.
- Mischief: When someone intentionally causes damage to your property, destroying or diminishing its value.
- Criminal Trespass: When someone unlawfully enters or remains on your property without permission.
- Attempts to commit any of the above: Even if the crime is not completed, you have the right to defend against the attempt.
This clause recognizes that property is an extension of human effort and security. Your home, your vehicle, your business, your land—these are not just objects. They represent years of hard work, savings, and emotional investment. The law gives you the right to protect them from unlawful interference.
Key Point: Section 35 is subject to the restrictions contained in Section 37 of the BNS. This means the right of private defence is not unlimited. It has boundaries, and crossing those boundaries can turn a lawful act of defence into a criminal offence. We will explore Section 37 in detail later in this article.
2. When Can a Person Use Private Defence?
People often ask one practical question above all others. When can a person use private defence without crossing into illegality? The answer rests on a few clear conditions that have been developed through decades of judicial interpretation and are now codified in the BNS.
Condition 1: A Real and Unlawful Threat Must Exist
Mere suspicion or imagined fear does not unlock this right. There must be an actual, unlawful threat to your body or property. If you attack someone based on a mistaken belief that they were going to harm you, and that belief was not reasonable, you may not be protected by Section 35.
For example, if you see a stranger walking near your house at night and you immediately attack them thinking they are a burglar, but they were actually just a lost pedestrian, your act may not qualify as private defence. The threat must be real, not imaginary.
Condition 2: The Danger Must Be Immediate
The danger has to be ongoing or imminent. An ongoing assault, a robbery in progress, or a violent trespass all qualify. But if the danger has already passed, you cannot claim private defence. You cannot chase down a thief who has already fled and attack them in revenge. That would be retaliation, not defence.
The Supreme Court has repeatedly held that private defence is a defensive right, not a vindictive one. It protects you from harm that is happening or about to happen. It does not give you a license to punish wrongdoers after the fact.
Condition 3: The Response Must Be Proportionate
Your response must stay proportionate to the threat. The use of force in self-defence should match the level of the danger, never exceed it. This is the golden rule of private defence. A shove deserves a shove, not a fatal blow. When the response wildly outweighs the danger, the protection slips away, and the defender may face liability instead.
Courts weigh several factors when they judge whether the force was fair:
- How serious was the threat?
- What weapon or method did the attacker use?
- Was there a safer option available?
- How did the whole situation unfold in those tense seconds?
- Was the defender acting in the heat of the moment or with premeditation?
Condition 4: The Right Lasts Only While the Danger Lasts
The right of private defence commences as soon as a reasonable apprehension of danger arises and continues as long as such apprehension continues. Once the attacker flees, surrenders, or is incapacitated, the right ends. Continuing to attack a subdued or fleeing assailant is not private defence—it is assault.
Illustration: The Midnight Intruder
A thief breaks into your home at midnight. You wake up, grab a cricket bat, and strike him to prevent him from entering your bedroom. This is lawful private defence. But if the thief falls unconscious, and you continue to beat him repeatedly, your actions beyond the point of neutralizing the threat may exceed the right of private defence.
3. Defence of the Body Under Section 35 BNS
The most basic and fundamental use of Section 35 involves protecting a human being from harm. Here, the criminal law self-defence rule lets you guard far more than just yourself.
Defence of Your Own Body
You have the absolute right to defend your own life and body against any offence affecting the human body. This includes:
- Assault: When someone threatens or attempts to use criminal force against you.
- Battery: When someone actually uses criminal force against you.
- Kidnapping and Abduction: When someone unlawfully takes you away or confines you against your will.
- Wrongful Confinement: When someone illegally restrains your freedom of movement.
- Attempt to Murder: When someone tries to kill you.
- Grievous Hurt: When someone causes serious injury to your body.
Defence of Another Person's Body
Section 35 explicitly allows you to defend the body of any other person. This is one of the most powerful aspects of this provision. The law treats human safety as too important to limit by relationship. A father defending his child, a brother defending his sister, a friend defending a friend, and even a bystander defending a total stranger caught in an attack—all fall within the same protection.
This provision encourages community protection and civic courage. It tells citizens that if they see someone being attacked, they can step in to help without fear of being prosecuted for assault. Of course, the same conditions apply: the threat must be real, the response must be proportionate, and the force must be reasonable.
Supreme Court on Defence of Others
In various judgments, the Supreme Court has held that the right of private defence extends to defending any other person. The law does not distinguish between defending oneself and defending another. The key requirement is that the defender must have a reasonable apprehension that the other person is in danger, and the force used must be necessary and proportionate.
4. Defence of Property Under Section 35 BNS
Section 35 does not stop at the human body. It extends to what you own, covering both movable and immovable property. This part of Section 35 secures the protection of life and property together.
Types of Property Protected
The section protects:
- Movable Property: Your car, your phone, your wallet, your jewelry, your livestock, your business inventory—anything that can be moved from one place to another.
- Immovable Property: Your house, your land, your shop, your factory, your agricultural field—anything that is fixed to the earth.
- Property of Others: You can also defend the property of another person. If you see your neighbor's house being broken into, you have the legal right to intervene.
Offences Against Which Property Can Be Defended
Section 35 specifically lists the offences against which property can be defended:
- Theft (Section 303 BNS): Dishonest removal of movable property out of the possession of any person without that person's consent. Example: Someone snatching your bag on the street.
- Robbery (Section 309 BNS): Theft accompanied by violence, force, or threat of force. Example: Someone pointing a knife at you and demanding your wallet.
- Mischief (Section 324 BNS): Intentionally causing damage to property, destroying or diminishing its value. Example: Someone smashing your car windows or setting fire to your crops.
- Criminal Trespass (Section 329 BNS): Unlawfully entering or remaining on someone else's property with intent to commit an offence, intimidate, insult, or annoy. Example: Someone breaking into your house or refusing to leave your shop after being asked.
- Attempts to Commit Any of the Above: Even if the crime is not completed, you have the right to defend against the attempt. Example: Someone trying to pick your pocket but failing.
Illustration: The Shopkeeper's Defence
Rajesh runs a small grocery store. One evening, a group of men enters his shop, threatens him with a knife, and starts emptying the cash register. Rajesh grabs a wooden stick from behind the counter and strikes one of the robbers to stop the robbery. This is lawful defence of property under Section 35. However, if the robbers drop their weapons and try to flee, and Rajesh chases them down the street and beats them severely, that would exceed the right of private defence.
5. Reasonable Force in Private Defence: The Golden Rule
Now comes the part many people misunderstand. The law never grants unlimited power. The idea of reasonable force in self-defence sits at the very heart of Section 35.
What Is Reasonable Force?
Reasonable force is the amount of force that a reasonable person would consider necessary and proportionate to prevent the threatened harm. It is not about what the defender subjectively felt was necessary. It is about what an objective, reasonable person would have done in the same circumstances.
Courts consider the following factors:
- Nature of the Threat: Was the attacker armed? Was there a threat of death or grievous hurt?
- Degree of Force Used: Did the defender use a weapon? Was the force lethal or non-lethal?
- Availability of Alternatives: Could the defender have escaped, called for help, or used lesser force?
- Proportionality: Did the response match the threat? A fistfight does not justify a gunshot.
- Heat of the Moment: Was the defender acting in panic and fear, or with cool, calculated intent?
- Duration of the Threat: Did the defender stop when the threat ended, or did they continue attacking?
When Does Private Defence Extend to Causing Death?
This is one of the most critical questions in criminal law. Can you kill someone in self-defence? The answer is: sometimes, yes. But only under very specific circumstances outlined in Section 38 of the BNS (corresponding to Section 100 of the IPC).
Section 38 states that the right of private defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is one of the following:
- An assault which reasonably causes the apprehension of death
- An assault which reasonably causes the apprehension of grievous hurt
- An assault with the intention of committing rape
- An assault with the intention of gratifying unnatural lust
- An assault with the intention of kidnapping or abducting
- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release
In all other cases, the right of private defence does not extend to causing death, but it does extend to causing any harm other than death (Section 39 BNS).
Important: The right to cause death in private defence is the most extreme application of this doctrine. Courts scrutinize such cases with extreme care. The defender must prove that the threat was so severe that causing death was the only reasonable option.
6. Limits of Private Defence: Where the Right Ends
Every right carries boundaries, and the right of private defence is no exception. Section 37 of the BNS (corresponding to Section 99 of the IPC) spells out the critical restrictions.
Section 37 of BNS, 2023 reads:
"(1) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law;
(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law;
(b) in cases in which there is time to have recourse to the protection of the public authorities.
(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence."
Restriction 1: No Defence Against Public Servants Acting Lawfully
You cannot claim private defence against a public servant who is acting in good faith under the colour of his office, even if the act is not strictly justifiable by law. For example, if a police officer is lawfully arresting you, you cannot resist by claiming private defence. However, if the officer is clearly acting unlawfully and their actions reasonably cause apprehension of death or grievous hurt, you may still have a limited right of defence.
Restriction 2: No Defence When Public Authorities Can Be Approached
If there is sufficient time to call the police or other public authorities, you should do so instead of resorting to violence. Private defence is meant for emergencies where immediate action is necessary. It is not a substitute for law enforcement.
Restriction 3: No Excessive Force
This is the most important restriction. The right of private defence never extends to inflicting more harm than is necessary for defence. If you can stop a thief by grabbing their arm, you cannot shoot them. If you can push an attacker away, you cannot stab them repeatedly. The force must always be proportionate and necessary.
Myth: "I can use any amount of force to protect my property because it belongs to me."
Reality: No. The force must always be reasonable and necessary. You cannot kill someone for stealing a bicycle. The punishment for theft does not include death, and your response cannot include death unless the circumstances are extreme (such as house-breaking at night, which is covered under Section 41 BNS).
7. From IPC to BNS: How Section 35 Evolved from Section 97 IPC
Many readers want to know how the older law connects to the new one. The shift from the Indian Penal Code to the Bharatiya Nyaya Sanhita 2023 is part of the wider criminal justice reforms India has adopted.
| Aspect | IPC, 1860 (Old Law) | BNS, 2023 (New Law) |
|---|---|---|
| Section Number | Section 97 IPC | Section 35 BNS |
| Title | Right of private defence of the body and of property | Right of private defence of body and of property |
| Substantive Content | Identical wording | Identical wording (rephrased as clauses a and b) |
| Restrictions Cross-Reference | Section 99 IPC | Section 37 BNS |
| Defence Causing Death | Section 100 IPC | Section 38 BNS |
| Defence Causing Lesser Harm | Section 101 IPC | Section 39 BNS |
| Commencement of Defence (Body) | Section 102 IPC | Section 40 BNS |
| Defence of Property Causing Death | Section 103 IPC | Section 41 BNS |
| Defence of Property (Lesser Harm) | Section 104 IPC | Section 42 BNS |
| Commencement of Defence (Property) | Section 105 IPC | Section 43 BNS |
| Deadly Assault Risk to Innocent | Section 106 IPC | Section 44 BNS |
The core idea has not changed. Section 35 BNS simply re-states the old Section 97 IPC with cleaner wording and updated cross-references. These legal exceptions under BNS continue to protect citizens just as before, only under a modern code. The legislature, in enacting the BNS, chose to retain this precise definition without alteration, indicating its enduring relevance in safeguarding individuals and their property against unlawful aggression.
Related Reading: For a complete overview of how the BNS restructured India's criminal laws, read our comprehensive guide on Bharatiya Nyaya Sanhita (BNS), 2023 – Structure, Key Changes, and Complete Section List.
8. Judicial Interpretation and Landmark Supreme Court Cases
Indian courts have developed rich jurisprudence around the right of private defence. While the BNS is relatively new, the principles from IPC-era cases remain highly persuasive and continue to guide courts today.
Jagtar Singh v. State of Punjab – Supreme Court of India
The Supreme Court held that once an accused raises a plea of self-defence, the prosecution must disprove it. Conversely, if undisputed facts suggest a reasonable fear, the accused need not prove it beyond doubt. The burden shifts to the prosecution to establish that the act was not done in exercise of the right of private defence.
State of U.P. v. Ram Swarup – Supreme Court of India
The Court emphasized that the right of private defence is available to protect both body and property. It is not limited to defending oneself alone. A person can lawfully defend another person's body or property if they are under unlawful attack.
Yunis alias Kariya v. State of Madhya Pradesh – Supreme Court of India
The Supreme Court clarified that the right of private defence is a defensive right, not an offensive one. It cannot be used as a pretext to commit aggression. The force used must be necessary and proportionate to the threat faced. The Court also held that the number of injuries on the accused is a relevant factor in determining whether they were acting in self-defence.
Mohinder Pal Jolly v. State of Punjab – Supreme Court of India
In this landmark case, the Supreme Court held that the right of private defence of property extends to causing death in certain extreme situations, such as house-breaking after sunset and before sunrise, or when the offence reasonably causes apprehension of death. However, the Court cautioned that this extreme right must be exercised with great care and only when absolutely necessary.
Amjad Khan v. State – Supreme Court of India
The Court held that in determining whether the right of private defence was exceeded, the court must consider the facts and circumstances of each case. There is no rigid formula. The court must put itself in the position of the accused and consider what a reasonable person would have done in those circumstances.
Key Judicial Principles
From these and numerous other cases, the following principles emerge:
- Right Is Defensive, Not Vindictive: Private defence protects against imminent harm. It does not justify revenge or punishment.
- Proportionality Is Key: The force used must match the threat. Excessive force destroys the protection.
- Reasonable Apprehension Is Sufficient: You do not need to wait for actual harm. A reasonable belief that harm is imminent is enough.
- Burden of Proof: Once the accused raises the plea, the prosecution must disprove it beyond reasonable doubt.
- Heat of the Moment: Courts consider that a person acting in sudden fear and panic cannot be expected to weigh their actions with perfect precision.
- Right Extends to Defence of Others: You can defend strangers as well as family members.
9. Practical Scenarios: Real-Life Examples of Private Defence
Let's look at some practical scenarios to understand how Section 35 operates in the real world.
Scenario 1: The Street Robbery
Vijay is walking home late at night when a man grabs him from behind, puts a knife to his throat, and demands his wallet. Vijay manages to break free, pushes the robber away, and runs to safety. In the struggle, the robber falls and hits his head. Vijay's actions are fully protected under Section 35. He used reasonable force to defend his body and property from a robbery.
Scenario 2: The Home Invasion
Priya is at home with her two children when she hears someone breaking down her front door. She grabs a kitchen knife and confronts the intruder. The intruder attacks her, and in the ensuing struggle, Priya stabs him. The intruder dies. Priya's actions may be protected under Section 38 BNS because the offence (house-breaking at night with violence) reasonably caused apprehension of death. However, if the intruder had already fled and Priya chased him down the street and stabbed him, that would exceed private defence.
Scenario 3: The Bystander Intervention
Rahul is at a bus stop when he sees a group of men assaulting an elderly woman and trying to snatch her bag. Rahul intervenes, pushes the attackers away, and helps the woman escape. One of the attackers falls and breaks his arm. Rahul's actions are protected under Section 35. He was defending the body and property of another person from an unlawful attack.
Scenario 4: The Shop Burglary
Amit owns a jewelry shop. One night, he receives an alert that his shop's alarm has been triggered. He rushes to the shop and finds two men breaking the display cases. Amit grabs a metal rod and strikes one of the burglars to stop them. The burglar is injured but not seriously. Amit's actions are lawful defence of property under Section 35.
Scenario 5: Excessive Force – Where Protection Ends
Neha catches a teenager stealing vegetables from her garden. She grabs the teenager, ties him to a tree, and beats him severely with a stick, causing multiple fractures. While Neha had the right to defend her property, the force she used was grossly excessive. Her actions would likely not be protected by Section 35, and she could face charges for causing hurt.
10. Related Sections of BNS: The Complete Private Defence Framework
Section 35 does not operate in isolation. It is part of a comprehensive framework of private defence provisions in Chapter III of the BNS. Understanding these related sections is essential for a complete picture.
Section 34 BNS: Things Done in Private Defence
This is the foundational provision. It states that "Nothing is an offence which is done in the exercise of the right of private defence." This means that any act done lawfully in private defence is completely exempt from criminal liability. It corresponds to Section 96 of the IPC.
Section 36 BNS: Defence Against Act of Unsound Mind, etc.
This section deals with unusual situations. If an act would otherwise be an offence but is not an offence because the doer is a minor, of unsound mind, intoxicated, or acting under a misconception, the victim still has the same right of private defence as if the act were an offence. For example, if a person of unsound mind attacks you, you can defend yourself just as you would against a sane attacker. It corresponds to Section 98 of the IPC.
Section 37 BNS: Acts Against Which There Is No Right of Private Defence
As discussed earlier, this section outlines the restrictions on private defence—no defence against public servants acting lawfully, no defence when public authorities can be approached, and no excessive force. It corresponds to Section 99 of the IPC.
Section 38 BNS: When Right of Private Defence of Body Extends to Causing Death
This section specifies the six situations where causing death in defence of the body is lawful. It corresponds to Section 100 of the IPC.
Section 39 BNS: When Such Right Extends to Causing Any Harm Other Than Death
If the offence is not one of the six specified in Section 38, the right of private defence does not extend to causing death but does extend to causing any other harm. It corresponds to Section 101 of the IPC.
Section 40 BNS: Commencement and Continuance of Right of Private Defence of Body
The right commences as soon as a reasonable apprehension of danger arises and continues as long as such apprehension continues. It corresponds to Section 102 of the IPC.
Section 41 BNS: When Right of Private Defence of Property Extends to Causing Death
Causing death in defence of property is allowed only in four specific situations: robbery, house-breaking after sunset and before sunrise, mischief by fire on a dwelling, and theft/mischief/house-trespass under circumstances causing apprehension of death. It corresponds to Section 103 of the IPC.
Section 42 BNS: When Such Right Extends to Causing Any Harm Other Than Death
For property offences not covered by Section 41, the right does not extend to causing death but does extend to other harm. It corresponds to Section 104 of the IPC.
Section 43 BNS: Commencement and Continuance of Right of Private Defence of Property
The right commences when a reasonable apprehension of danger to property arises and continues until the offender has effected his retreat or assistance of public authorities is obtained. It corresponds to Section 105 of the IPC.
Section 44 BNS: Right of Private Defence Against Deadly Assault When There Is Risk of Harm to Innocent Person
This section deals with the tragic situation where a person is attacked in a crowded place and defending themselves might harm an innocent bystander. It provides guidance on how to exercise the right in such complex scenarios. It corresponds to Section 106 of the IPC.
Related Reading: For a deeper understanding of offences against property, explore our guide on BNS 2023 – Complete Section List and Key Changes.
11. Common Misconceptions About Private Defence
There are several dangerous misconceptions about private defence that can lead innocent people into legal trouble. Let's clear them up.
Myth 1: "I Can Use Any Amount of Force Because I Am Defending Myself"
Reality: No. The force must always be reasonable and proportionate. Using a gun against an unarmed person who merely shoved you is excessive and will not be protected.
Myth 2: "I Can Chase and Attack a Thief Who Has Already Fled"
Reality: No. Private defence is for imminent threats, not for revenge. Once the danger has passed, the right ends. Chasing and attacking a fleeing thief is assault, not defence.
Myth 3: "I Can Only Defend Myself, Not Strangers"
Reality: No. Section 35 explicitly allows you to defend the body and property of any other person. A bystander intervening to save a stranger is fully protected.
Myth 4: "If I Injure Someone in Self-Defence, I Will Definitely Be Arrested"
Reality: Not necessarily. If your actions were genuinely in exercise of the right of private defence, you are not guilty of any offence. However, you may still be arrested initially while the police investigate. It is crucial to have legal representation to establish your defence.
Myth 5: "Private Defence Means I Can Kill Anyone Who Enters My Property"
Reality: Absolutely not. The right to cause death in defence of property is extremely limited and applies only in specific, grave circumstances outlined in Section 41. Killing a trespasser who poses no threat of death or grievous hurt is murder.
Myth 6: "I Can Use Private Defence Against Police Officers"
Reality: Generally, no. Section 37 specifically removes the right of private defence against public servants acting in good faith under colour of their office. Resisting a lawful arrest is a separate offence.
12. Frequently Asked Questions (FAQs)
What does Section 35 BNS deal with?
It grants every person the right of private defence of body and property against unlawful acts under the Bharatiya Nyaya Sanhita 2023. It allows you to protect yourself, others, and your belongings from offences affecting the body (like assault) and offences against property (like theft, robbery, mischief, and criminal trespass).
When can a person use private defence?
You may use it when an unlawful and immediate threat exists, and only with reasonable force that matches the danger. The threat must be real, not imagined. The response must be proportionate. The right lasts only while the danger lasts.
Does Section 35 BNS allow defence of property?
Yes. It supports the right to protect both movable property (like vehicles, phones, money) and immovable property (like houses, land, buildings) from theft, robbery, mischief, criminal trespass, and attempts to commit these offences.
Can I defend another person under this section?
Absolutely. The law gives you the right to protect family members, friends, and even strangers facing an unlawful attack. The right extends to the body and property of any other person.
Which IPC provision matches Section 35 BNS?
It corresponds to Section 97 of the Indian Penal Code, 1860. The wording and legal principle remain substantially the same, with only the section number and cross-reference to restrictions (from Section 99 IPC to Section 37 BNS) being updated.
Can I kill someone in private defence?
Only in very specific circumstances outlined in Section 38 BNS. These include assault causing apprehension of death, assault with intent to commit rape, kidnapping, or grievous hurt. In all other cases, causing death is not protected.
What happens if I use excessive force?
If you inflict more harm than is necessary for defence, you lose the protection of Section 35. You may be prosecuted for the excess harm caused. The right of private defence in no case extends to inflicting more harm than necessary.
Is there a right of private defence against police officers?
Generally, no. Section 37 removes the right of private defence against public servants acting in good faith under colour of their office, unless their act reasonably causes apprehension of death or grievous hurt.
What is the burden of proof in private defence cases?
Once the accused raises a plea of private defence, the burden shifts to the prosecution to disprove it beyond reasonable doubt. The accused does not need to prove their defence beyond doubt; they only need to raise a reasonable doubt.
Can I claim private defence if I started the fight?
No. Private defence is a defensive right. If you are the aggressor and the other person responds, you cannot claim that you were acting in private defence. The right belongs to the person who is unlawfully attacked, not the attacker.
13. Conclusion and Key Takeaways
Section 35 of the Bharatiya Nyaya Sanhita, 2023 is one of the most important legal provisions that every Indian citizen must understand. It ensures that when unlawful aggression strikes, you do not have to stand still and suffer. It empowers you to protect your life, your loved ones, and your property without fear of being branded a criminal. It is the legal recognition of a fundamental human instinct: the instinct to survive and to protect what is yours.
But this right is not a license for violence. It comes with strict boundaries. The force must be reasonable. The threat must be real. The response must be proportionate. The right must end when the danger ends. Crossing these boundaries can turn a lawful defender into a criminal offender.
For every citizen, understanding Section 35 is not just an academic exercise. It is a matter of personal safety and legal empowerment. When you know that the law allows you to defend yourself, when you know the limits of that right, when you know what to do if you are ever in a dangerous situation, you are no longer a passive victim. You are an informed citizen who can act with confidence and legal protection.
The Indian criminal justice system, through the BNS, has preserved this ancient right while ensuring it is not misused. It strikes a delicate balance between individual freedom and social order. It tells citizens: protect yourself, but do not become the aggressor. Defend your property, but do not become a vigilante. Stand up for others, but do not exceed what is necessary.
As India moves forward with its modernized criminal code, the principles underlying Section 35 will continue to be relevant, vital, and non-negotiable. They represent the eternal struggle between the individual's right to safety and the state's monopoly on force. And in that struggle, Section 35 stands firmly on the side of the citizen—provided the citizen knows how to use it.
Remember These Key Points:
- Section 35 gives every person the right to defend their own body and property, and the body and property of others.
- The right applies against offences affecting the human body, and against theft, robbery, mischief, and criminal trespass.
- The force used must always be reasonable and necessary. Excessive force destroys the protection.
- The right is defensive, not vindictive. It ends when the danger ends.
- There is generally no right of private defence against public servants acting lawfully.
- Causing death in private defence is allowed only in specific, grave circumstances outlined in Section 38.
- Once you raise the plea of private defence, the prosecution must disprove it beyond reasonable doubt.
- Knowledge is your best defence. Know your rights, know the limits, and act within the law.
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