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

Amit Kapoor05 mins

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.

Example:
Vijay sees someone attacking Priya and therefore pushes and hits the attacker. Here, Vijay has exercised the right to private defence by helping another person out of danger, and is therefore protected under the law. 

Key Points on BNS-35 (Right to Defend Oneself, Others, and Property)

BNS-35 outlines the right to defend oneself, others, and property against certain criminal acts. This right is based on the fundamental principle of self-preservation, but it is subject to the restrictions provided in BNS-37.

1. Defence of One’s Own Body and Others

  • Every person has the right to defend their own body or the body of another person.
  • This right applies when the defence is needed against offences that harm or threaten physical harm, such as assaults or other forms of violence.

2. Defence of Property (Movable or Immovable)

  • The right extends to defending property as well, whether it is movable (e.g., personal belongings) or immovable (e.g., a house or land).
  • Some of the criminal acts that justify using this right to defend property include:
    • Theft: Unlawfully taking someone’s property.
    • Robbery: Theft that involves violence or intimidation.
    • Mischief: Intentionally damaging or causing loss to someone’s property.
    • Criminal Trespass: Illegally entering someone’s property, often with the intention to commit a crime or cause harm.

3. Defending Against Attempts

  • The right to defend is not limited to completed crimes; it also applies if someone is attempting to commit any of the above-mentioned offences, even if they don’t succeed in completing the crime.

Important Definitions:

  • Offence Affecting the Human Body: This refers to any action that causes harm or threatens harm to a person’s body.
  • Theft and Robbery: Theft involves taking someone’s property unlawfully, while robbery involves theft combined with violence or intimidation.
  • Mischief: This refers to causing damage or loss to property on purpose.
  • Criminal Trespass: This is the illegal entry into someone’s property with the intent to commit a crime or intimidate.

Conclusion:

BNS-35 ensures individuals have the right to defend themselves, others, and their property from certain crimes. However, this right is not unlimited—it must be exercised in accordance with the conditions set in BNS-37, meaning the defence should be proportional and made in good faith. This provision safeguards the basic right to self-preservation but emphasizes the need for a reasonable and fair response.

Final Thought:

BNS-35 highlights the importance of protection from harm, both for personal safety and property, but with the understanding that any defensive action must be appropriate to the threat.

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