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.
Simplified Explanation
Section 35 of the Bharatiya Nyaya Sanhita (BNS), titled “Right of Private Defence of Body and of Property,” establishes the legal right of individuals to protect themselves, others, and their property from unlawful attacks. This section defines the scope and limits of private defense, allowing reasonable force to be used to prevent imminent harm, as long as it is necessary and proportionate to the threat.
Key Points of Section 35
- Scope of Private Defense:
- Section 35 grants individuals the right to defend both their body and property against unlawful aggression. This right extends to actions taken to protect oneself, family members, or others, as well as one’s possessions or property.
- Protection of Body and Life:
- The right to private defense includes protecting oneself and others from threats to life, physical harm, or serious bodily injury. This provision allows individuals to act to prevent immediate danger, as long as the force used is proportionate to the risk they face.
- Protection of Property:
- Section 35 also covers the defense of property, including movable and immovable property (such as land, buildings, or possessions). If someone faces an unlawful attempt to damage, trespass, or steal property, they are allowed to use reasonable force to stop the harm.
- Proportionality of Force Used:
- The law requires that the force used in private defense must be proportionate to the level of threat. Only the minimum force necessary to prevent harm or danger may be used, and excessive force could disqualify the act from being considered lawful defense.
- Immediacy of Threat:
- Private defense is justified only in situations where the threat is immediate and pressing. This means that the individual must be facing an imminent threat to their body or property, and there is no practical option to seek help from law enforcement or escape the danger.
- Exclusion of Retaliation or Revenge:
- Actions taken in retaliation or revenge are not protected under Section 35. The right to private defense is limited to preventing harm in real-time. Once the threat has subsided, any further action taken for revenge or retaliation does not fall under private defense.
- Examples of Private Defense:
- If a person is being attacked, they may use necessary force to defend themselves, such as pushing the attacker away or using an object to shield themselves. Similarly, if someone tries to break into a person’s home, the resident may use reasonable force to prevent the intrusion.
- Judicial Assessment of Necessity and Reasonableness:
- Courts examine the circumstances of each case to assess whether the use of force was necessary and proportionate. The intent, urgency of the threat, and the level of force used are all factors in determining if an act qualifies as lawful private defense under Section 35.
Purpose of Section 35
The purpose of Section 35 is to empower individuals to protect themselves, others, and their property from unlawful aggression, promoting safety and security without waiting for external help when facing imminent harm. This section supports the principle of self-defense by providing a legal framework that balances the right to protect against harm with limits to prevent misuse. By defining reasonable actions in private defense, Section 35 ensures that individuals can respond to real and immediate threats in a manner that is just, responsible, and consistent with the principles of fairness and accountability.
