CHAPTER IV GENERAL EXCEPTIONS · Of the Right of Private Defence

Section 97: Right of private defence of the body and of property

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Every person has a right, subject to the restrictions contained in section 99, to defend—

First.—His own body, and the body of any other person, against any offence affecting the human body;

Secondly.—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.

Now in the BNS

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

97. Right of private defence of the body and of property.

BNS 35

Leading cases

Darshan Singh v. State of Punjab (2010)The 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

1 question in 3 of our papers cite Section 97. Try these from the free papers:

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

Practise questions on Criminal Law