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Section 97 - Right of private defense of the body and of property | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 97The Bharatiya Nyaya Sanhita, 2023 Section 35

Indian Penal Code, 1860

Section 97

Right of private defense of the body and of property

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Indian Penal Code, 1860

97. Right of private defense 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 definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

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The Bharatiya Nyaya Sanhita, 2023

Section 35

Right of private defence of body and of property

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The Bharatiya Nyaya Sanhita, 2023

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.

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35. Right of private defence of body and of property.