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

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Darshan Singh v. State of Punjab (2010)Decided on IPC section 97The appellant, who fired at his uncle after the uncle struck his father on the head with a gandasa and advanced on him, acted in private defence; the High Court wrongly reversed his acquittal.

Questions on this section

6 questions in 19 of our papers cite Section 35. Try these from the free papers:

1. 1. Under Section 35 of the Bharatiya Nyaya Sanhita, 2023, subject to the restrictions in Section 37, every person has a right to defend:

   A.his own body, and the body of any other person, against any offence affecting the human bodyB.his own body only, against any offence affecting the human bodyC.his own body and the body of a near relative only, against any offence affecting the human bodyD.the body of any person, but only against offences punishable with death
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2. 2. In Puran Singh v. State of Punjab (1975), the Supreme Court considered the right of private defence of property in disputes over possession of land (now Sections 35 and 41 to 43 of the Bharatiya Nyaya Sanhita, 2023). Which of the following reflects its holding?

   A.A trespasser can never exercise the right of private defence of property, whatever the nature of his possessionB.Possession becomes settled as soon as the trespasser enters the land, however casual or stray the entry may beC.A trespasser in settled possession of land may defend that possession even against the true owner who tries to dispossess him by forceD.A true owner may use force to dispossess a trespasser at any time, even after the trespasser's possession has become settled
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3. 3. Under Section 35(b) of the Bharatiya Nyaya Sanhita, 2023, the right of private defence of property, movable or immovable, is available against an act which is an offence, or an attempt to commit an offence, falling under the definition of:

   A.theft, cheating, criminal breach of trust or mischiefB.robbery, extortion, criminal misappropriation or forgeryC.theft, robbery, mischief or criminal trespassD.any offence against property in Chapter XVII
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