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Section 35: Scope of Private Defence of Body and Property

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 97 IPC
Section 34 All 358 Sections of Bharatiya Nyaya Sanhita Section 36

Legal Commentary & Landmark Judgments: Section 35

Section 35 establishes the statutory right of private defence of body and property, providing that every person has a right, subject to the restrictions contained in section 37, to defend their own body and the body of any other person, and their own or another's property against criminal offences.

  • Universal Defensive Scope: Right extends to defending: (1) One's own body, (2) The body of ANY OTHER person (strangers, family, citizens), and (3) Movable and immovable property.
  • Preventive, Not Retributive: Private defence is a preventive shield, not a weapon of retribution or punishment; it ends when danger passes.
  • Subject to Section 37 Restrictions: Subordinated to the restrictions in Section 37 BNS: no private defence against public servants acting in good faith, and no right where recourse to public authorities is available.
Key Landmark Precedents:
  • Darshan Singh v. State of Punjab (2010) 2 SCC 333: The Supreme Court laid down ten comprehensive principles governing private defence under Sections 96-106 IPC (Sections 34-44 BNS): a person exercising private defence need not run away like a coward; the right is available to protect oneself and others.
  • Jai Dev v. State of Punjab (AIR 1963 SC 612): Held that the right of private defence is a defensive right, not an aggressive weapon; the force used must bear a reasonable proportion to the danger apprehended.
Courtroom Practice & Strategic Litigation Guidance:

In defending an accused who inflicted injuries during a confrontation, establish that the complainant party was the aggressor: prove who threw the first blow, examine hospital MLC reports of your client's injuries, and argue Section 35 BNS private defence.

Section 34 All 358 Sections of Bharatiya Nyaya Sanhita Section 36