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:
- 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).
- 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.
- 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.