BNS Section 35- Right of private defence of body and of property | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 35 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Right of private defence of body and of property.—Every person has a right, subject to the restrictions contained in section 37, to defend—
his own body, and the body of any other person, against any offence affecting the human body;
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.
Procedural Details
Punishment
Definition / General Principle / Repealed
Nature of Offense
N/A
Bail Eligibility
N/A
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
N/A
Frequently Asked Questions about BNS Section 35
What is Section 35 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Right of private defence of body and of property.—Every person has a right, subject to the restrictions contained in section 37, to defend—
his own body, and the body of any other person, against any offence affecting the human body;
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 is the punishment under BNS Section35 ?
The punishment for this specific offense is outlined under the new law as: Definition / General Principle / Repealed
Is BNS Section 35 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a N/Aoffense.
Is BNS Section 35 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isN/A.
Which court has the jurisdiction to try cases under BNS Section 35 ?
Cases pertaining to this specific BNS section are triable by the N/A.
Can BNS Section 35 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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