IPC §97 → BNS §35
Right of private defence of the body and of property
Jump to section
Comparison
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.
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.
What changedAI-inferred
IPC 97 and BNS 35 carry the same right-of-private-defence rule for body and property character-identically. Cross-reference to BNS 37 (restrictions) replaces IPC 99.
Old position
IPC 97 is concerned with Right of private defence of the body and of property. Right of private defence of the body and of property
New position
BNS 35 preserves the framework with drafting modernisations as required by the new code. Topic: Right of private defence of body and of property. Every person has a right, subject to the restrictions contained in section 37, to defend
IPC 97 and BNS 35 carry the same right-of-private-defence rule for body and property character-identically. Cross-reference to BNS 37 (restrictions) replaces IPC 99.
Editorial deltaAI-indicated (source-linked)
IPC 97 and BNS 35 carry the same right-of-private-defence rule for body and property character-identically. Cross-reference to BNS 37 (restrictions) replaces IPC 99.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 97 continues to apply. For matters from that date forward, BNS 35 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 35 (Right of private defence of body and of property). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §97 → BNS §35 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/97.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.