BNS Section 35: Right of Private Defence of the Body and of Property (IPC 97 Mapping) (2026)
What Section 35 of the Bharatiya Nyaya Sanhita (BNS) actually covers, the right of private defence of the body and of property, and how it maps to Section 97 of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 35 of the Bharatiya Nyaya Sanhita (BNS) sets out what the right of private defence actually covers. Subject to the limits in Section 37, every person may defend his own body and the body of any other person against offences affecting the body, and may defend property against theft, robbery, mischief or criminal trespass. Section 35 replaced Section 97 of the Indian Penal Code (IPC) from 1 July 2024. This explainer sets out the scope of the right and how it maps to the old law. Last verified October 2026.
- New section: the scope of private defence is Section 35 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 97 of the IPC. The two-fold right is unchanged.
- Body: you may defend your own body and the body of any other person against offences affecting the body.
- Property: you may defend property, movable or immovable, against theft, robbery, mischief or criminal trespass, subject to the restrictions in Section 37.
01Why the scope matters
The right of private defence is only useful if you know what it protects. Section 34 of the BNS says private defence is no offence. Section 35 answers the next question: what exactly can you defend? It covers both the human body and property, which is wider than many people assume.
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The old Section 97 rule now sits in Section 35. The scope is carried over, so if you earlier cited "Section 97 IPC", you now cite Section 35 of the BNS.
02What Section 35 covers
Section 35 of the BNS gives every person, subject to the restrictions in Section 37, the right to defend two things:
- The body: his own body, and the body of any other person, against any offence affecting the human body.
- Property: property, whether movable or immovable, of himself or of any other person, against theft, robbery, mischief or criminal trespass, or an attempt at any of these.
The right of private defence protects not only your own body and property, but also the body and property of any other person.
This is a general exception. It does not create an offence and carries no punishment. It defines the reach of the right that Section 34 declares.
03Defending others and property
Two points stand out. First, the right is not limited to defending yourself. You may defend any other person, so a bystander who steps in to protect a stranger from an assault is within the section. Second, the right extends to property, both movable and immovable, against the listed property offences.
But the right is not unlimited. It is expressly made subject to the restrictions in the later sections of the chapter, which set out acts against which there is no right of private defence and the point at which the right extends to causing death. So Section 35 opens the door, and the sections around it set the frame.
A wide but conditioned right
Section 35 is wide in who and what it protects, but it is read subject to the restrictions in the chapter. The force used must still be proportionate to the threat.
04Old to new: IPC 97 to BNS 35
Section 97 of the IPC is now Section 35 of the BNS. The two-fold right, body and property, and the cross-reference to the restrictions, are carried over, so case law on Section 97 still applies.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Things done in private defence (principle) | Section 96 | Section 34 |
| Right of private defence of body and property | Section 97 | Section 35 |
| Acts against which there is no right of private defence | Section 99 | Section 37 |
| When the right extends to causing death (body) | Section 100 | Section 38 |
The private defence chapter was renumbered heavily when the IPC became the BNS. The old sequence 96, 97, 99, 100 now reads 34, 35, 37, 38. The content of each is carried over, but the numbers have moved, so cite the BNS number for any act on or after 1 July 2024.
05How it fits the chapter
Read Section 35 as the second link in the chain. Section 34 declares that private defence is no offence. Section 35 says what the right covers. Section 37 lists the acts against which there is no such right. Section 38 says when defence of the body may extend to causing death.
Because the right of property defence is included here, Section 35 matters in trespass, theft and mischief disputes, not only in assault cases. The key limits to watch are the restrictions in the later sections and the rule that force must be proportionate.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Because Section 35 reaches both the body and property, the useful authorities are scattered across assault, theft, trespass and mischief matters. Claw gathers them from a base of more than 30 crore judgments and orders and lets you track every order, hearing and listing under the old Section 97 or the new Section 35, or by party or advocate name, across 9,102 courts, benches and forums, each query returning in under five seconds. Supreme Court records run from 1950 and High Court records from 1990.
The material you upload to Claw is never used to train its AI models. Create a free Claw account to search and follow private-defence matters by party or advocate name. To widen the search across the law, use case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 35, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 97 IPC in the BNS?
Section 97 of the IPC, the right of private defence of the body and of property, is now Section 35 of the Bharatiya Nyaya Sanhita, 2023. The two-fold right and the reference to the restrictions are carried over unchanged.
Can I use private defence to protect another person?
Yes. Section 35 of the BNS lets you defend not only your own body but the body of any other person against offences affecting the body. A bystander who protects a stranger from an assault is within the section.
Does private defence cover property as well as the body?
Yes. Section 35 covers property, movable or immovable, of yourself or another person, against theft, robbery, mischief or criminal trespass, or an attempt at any of these. It is not limited to defending the body.
Is the right of private defence unlimited?
No. Section 35 is expressly subject to the restrictions in the later sections of the chapter, such as the acts against which there is no right of private defence, and the force used must be in proportion to the threat.
Does old case law on Section 97 still apply?
Yes. Because the scope is carried over into Section 35, judgments on Section 97 of the IPC still guide how courts read the right of private defence of body and property under the BNS.
Can I track a case involving Section 35 in Claw?
Yes. With a free Claw account you can follow a Section 35 or Section 97 matter and search by section, party or advocate name across 9,102 courts, benches and forums, with results in under five seconds drawn from over 30 crore judgments. It researches and tracks cases but does not give legal advice.