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Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence

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

Earlier law: IPC section 97 (Right of private defence of the body and of property)

In plain words

Everyone has a right to defend their own body and anyone else's body against any offence affecting the human body. Everyone may also defend their own or another person's property against theft, robbery, mischief or criminal trespass, or attempts at them.

  • The limits in section 37 apply.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 35 carries forward section 97 of the IPC: subject to section 37, every person may defend their own or another's body against offences affecting the human body, and their own or another's property against theft, robbery, mischief, criminal trespass and attempts at them.

Key points

  • The right is preventive, not retaliatory.
  • There is no duty to retreat from an unlawful attack.
  • The accused must establish the plea only on a balance of probabilities (section 108 of the Bharatiya Sakshya Adhiniyam).
  • The plea can be gathered from the evidence even if not specifically raised in the accused's statement.

Key Supreme Court rulings

  • Darshan Singh v. State of Punjab 2010 INSC 45

    Decided under the IPC. A law-abiding citizen is not expected to behave like a coward when confronted with imminent unlawful aggression; with real apprehension of death or grievous hurt, the right extends to killing the aggressor.

  • Arvind Kumar v. State of Rajasthan 2021 INSC 764

    Decided under the IPC. The plea of private defence is available if made out from the evidence even though not specifically taken in the statement under section 313 of the CrPC.

Common mistakes

  • Treating private defence as a licence to retaliate.

Read with: Section 34 BNS, Section 37 BNS, Section 97 IPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 35

No Supreme Court judgment in our database cites this section yet.