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

[complainthub-team]

Section 35 of the BNS affirms that every person has a legal right to defend:

• Their own body or another person’s body, and
• Their own property or another person’s property, from certain types of unlawful acts, subject to the limitations mentioned in Section 37.

Key Provisions:

1. Right to Defend the Body:

• A person may protect their own body or another person’s body from any offence that affects the human body (such as assault, kidnapping, rape, or murder).

2. Right to Defend Property:

• A person may defend movable or immovable property, whether it belongs to them or to someone else, from offences like:
  • Theft
  • Robbery
  • Mischief
  • Criminal trespass
  • Or attempts to commit any of these acts.

3. Restrictions Apply:

• The extent and manner of exercising this right are subject to the restrictions laid out in Section 37, which define reasonable limits on private defence.

How It Protects:

• Grants individuals the right to immediate protection of themselves and others.
• Legally empowers people to resist physical harm or property-related crimes.
• Prevents complete dependence on law enforcement in urgent situations.

Example:

• If someone tries to snatch your bag, you can use reasonable force to protect your belongings.
• If a stranger tries to attack another person in front of you, you are legally allowed to intervene in their defence.