Law4u - Made in India

What Is BNS Section 35?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 35: Right of private defence of body and of property

BNS Section 35: Right of private defence of body and of property

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.

Brief Detail

BNS Section 35: Right of Private Defence of Body and Property

This section grants every person the right to defend:

  • Their own body and the body of others from offences that affect the human body.
  • Their own or others' property, whether movable or immovable, from acts defined as theft, robbery, mischief, or criminal trespass, or attempts to commit these offences.

Question & Answers

Q: What does BNS Section 35 allow individuals to defend?

A: BNS Section 35 allows individuals to defend their own body and the body of others from any offence affecting the human body, as well as property, whether movable or immovable, from theft, robbery, mischief, criminal trespass, or attempts to commit these offences.

Q: Are there any restrictions to the right of private defence under BNS Section 35?

A: Yes, the right to private defence under BNS Section 35 is subject to the restrictions contained in section 37.

Q: What types of property are protected under BNS Section 35?

A: Both movable and immovable property are protected under BNS Section 35.

Example

  • Example of defending the body: If someone is physically attacked, they have the right to use reasonable force to protect themselves or another person from harm.
  • Example of defending property: If a person witnesses someone attempting to steal their car, they are entitled to take necessary measures to prevent the theft, provided it is within the limits of the law.

Summary

BNS Section 35 provides individuals the right to defend themselves and others from bodily harm as well as to protect their own and others' property from theft, robbery, mischief, and criminal trespass, subject to the limitations set in section 37.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Devilal Kumawat

Advocate Devilal Kumawat

Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Family

Get Advice
Advocate Angadi Ravi

Advocate Angadi Ravi

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Insurance, Motor Accident, Property, Recovery, Succession Certificate, Anticipatory Bail, Banking & Finance, Court Marriage, Cyber Crime, Family, Landlord & Tenant, Muslim Law, Revenue

Get Advice
Advocate Vikramsinh Kishor Mahurkar

Advocate Vikramsinh Kishor Mahurkar

Revenue, Civil, Cheque Bounce, Divorce, Family, Succession Certificate, Anticipatory Bail, Domestic Violence

Get Advice
Advocate Kulbir Singh

Advocate Kulbir Singh

Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Labour & Service, Motor Accident

Get Advice
Advocate Mahesh Morepatil

Advocate Mahesh Morepatil

Criminal, Anticipatory Bail, Cyber Crime, High Court, Supreme Court, Cheque Bounce

Get Advice
Advocate Alageswaran Rk

Advocate Alageswaran Rk

Criminal, Cyber Crime, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Property, R.T.I, Trademark & Copyright, Wills Trusts, Cheque Bounce, Banking & Finance, Anticipatory Bail, Civil, Corporate, Customs & Central Excise, Divorce, Documentation

Get Advice
Advocate Dr Sandeep Kumar

Advocate Dr Sandeep Kumar

Anticipatory Bail, Cheque Bounce, Criminal, Civil, Family

Get Advice
Advocate Vinod Agrawal

Advocate Vinod Agrawal

Anticipatory Bail,Civil,Cheque Bounce,Motor Accident,Domestic Violence,Criminal,Supreme Court,

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.