Indian Penal Code, 1860 · Section 97

IPC 97 in BNS: Section 35

Section 97 of the Indian Penal Code, 1860 corresponds to Section 35 of the Bharatiya Nyaya Sanhita, 2023. IPC 97 deals with right of private defence of the body and of property. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC. Both texts are set out below, side by side, with the changed words marked.

Indian Penal Code

IPC 97 is now BNS 35.

Right of private defence of the body and of property

Carried over
95% of the old wording kept
Old · IPC 1860 · Ch. IV
s. 97
Right of private defence of the body and of property
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 defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
Text from the official India Code PDF
New · BNS 2023 · Ch. III
s. 35
Right of private defence of body and of property.
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.
Text from India Code

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