IPC 97 → BNS 35: Right of Private Defense

Quick Summary: IPC 97 vs BNS 35

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 97 (Right of Private Defense) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Right of Private Defense now maps to BNS 35, and the position below reflects the current bare act.

What did IPC 97 cover?

IPC 97 dealt with right of private defense — right of private defense of the body and of property. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 35: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to right of private defense are filed under BNS Section 35, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 35

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For right of private defense, cite the current provision BNS 35 rather than the repealed IPC 97 in all matters arising on or after 1 July 2024.
• Police officers: Register new right of private defense FIRs under BNS 35; procedure follows the BNSS.
• Law students & citizens: Use the IPC 97 to BNS 35 mapping when checking your position on right of private defense under the new law.