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Indian Penal Code, 1860

IPC Section 97 in BNS

§ 97 IPC→§ 35 BNS

Right of private defence of the body and of property. Section 97 of the Indian Penal Code, 1860 (Right of private defence of the body and of property) corresponds to Section 35 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Where an offence is punishable with imprisonment of less than seven years, the police officer must ordinarily:

Answer & explanation

Issue a notice requiring the person to appear, instead of arresting

Arnesh Kumar v. State of Bihar (2014) made compliance mandatory. The officer issues a notice directing attendance; arrest follows only if the person fails to comply or arrest is otherwise justified and reasons are recorded.

Where to find it: BNSS, Chapter V

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
94Act to which a person is compelled by threats32
95Act causing slight harm33
96Things done in private defence34
98Right of private defence against the act of a person of unsound mind36
99Acts against which there is no right of private defence37
100When the right of private defence of the body extends to causing death38

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table