35
35
Right of private defence of body and of property
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsGeneral ExceptionsSelf DefenseProperty RightsLegal Protection
🗣️ Simple Explanation
What does this law say?
Section 35 of the BNS says you have the right to defend your body and your property, and the body and property of others. This is subject to some restrictions.
Why does this law exist?
This law protects people and their belongings from harm. It allows you to take action to prevent crimes.
Real-life impact
You can defend yourself against an attacker. You can protect your home from a burglar.
What happens if you break this law?
This section provides a defense, so you might not be punished. However, you must act within the limits of the law. This section replaces the old law, but there was no equivalent section in the IPC.
💡 Real Life Example
Someone tries to steal Sneha's phone. She can use reasonable force to stop them. A thief breaks into Rahul's house. Rahul can defend his property. Amit is attacked on the street. He can defend himself. Legal consequence: Not guilty if acting within the law.
🛡️ KNOW YOUR RIGHTS
- •Understand your right to defend yourself and your property.
- •Use only the necessary force to defend yourself.
- •Report any crime to the police immediately.
- •Know the limits of self-defense as defined in Section 37.
- •Seek legal advice if you are unsure about your actions.
❓ FREQUENTLY ASKED QUESTIONS
Section 35 of the BNS says you have the right to defend your body and your property, and the body and property of others. This means you can protect yourself and your belongings from harm. This section replaces the old law, but there was no equivalent section in the IPC.
There is no specific punishment under Section 35. This section provides a defense. If you acted in self-defense or to protect your property, you might not be found guilty of a crime. However, you must act within the limits of the law. This section replaces the old law, but there was no equivalent section in the IPC.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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