Code: Section 35 BNS
Section 35 BNS
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.
Explanation of Section 35 BNS
1. What is the Right to Private Defence?
Section 35 of Bharatiya Nyaya Sanhita (BNS) provides that every individual has the legal right to protect themselves, others, and property against unlawful harm.
2. Protection for Both Body and Property
This law gives the right to:
- Defend oneself or another person from physical harm.
- Protect property (movable or immovable) from theft, robbery, mischief, trespass, or any unlawful act.
3. Applicability and Limitations
- Force used must be proportionate to the threat faced.
- Private defence cannot be claimed for premeditated aggression.
- If there is time to seek police help, excessive force is not justified.
Illustrations
Example 1: Self-Defence Against Physical Assault
A man is attacked by robbers while returning home. He fights back, injuring one of them. Since he acted in self-defence, he cannot be punished under Section 35 BNS.
Example 2: Defending Another Person
A woman sees a child being kidnapped and intervenes, using necessary force to stop the kidnapper. Since the force was used to protect another person, she is covered under Section 35 BNS.
Example 3: Protecting Property from Burglary
A homeowner finds a burglar trying to break into his house at night. He restrains the intruder until the police arrive. This act is a valid use of private defence.
Example 4: Excessive Force Not Justified
If a shopkeeper shoots and kills a thief who only intended to steal some groceries, it exceeds the right to private defence and may lead to criminal liability.
Common Questions and Answers on Section 35 BNS
1. What does Section 35 BNS protect?
It protects a person’s right to defend their own body, someone else’s body, and property from harm or unlawful acts.
2. Can I kill someone in private defence?
Yes, but only when necessary to prevent death or grievous injury. Killing in response to minor threats is not justified.
3. Can I use weapons in self-defence?
Yes, but only if proportionate to the threat. Using excessive force beyond necessity is not protected under Section 35 BNS.
4. Is private defence valid in a property dispute?
Not always. If someone forcefully occupies land, legal action is required. However, if someone tries to damage or illegally seize property, private defence may apply.
5. What is the difference between self-defence and retaliation?
- Self-defence: Immediate action to prevent harm.
- Retaliation: Revenge after harm is done (not protected by law).
Conclusion
Section 35 BNS plays a crucial role in protecting individuals and their property while ensuring that force is only used when necessary. The right to private defence is not unlimited and should be exercised within legal boundaries.
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