Right of private defence of the body and of property
AI Assist
Summary
Anyone may use force, subject to legal limits, to defend their own body or another person's body against an offence affecting the human body. They may also protect movable or immovable property of themselves or others against theft, robbery, mischief, criminal trespass, or attempts to commit those offences. The right is constrained by other legal restrictions.
Example
Priya sees a stranger trying to steal her neighbour Rohan's scooter. She may use necessary force to stop the theft, secure the scooter and then call the police, because the law allows defending another person's movable property against theft. She must, however, keep her actions within legal limits.
Bare Act
Enacted textEvery person has a right, subject to the restrictions contained in section 37, to defend:
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(a) his own body, and the body of any other person, against any offence affecting the human body;
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(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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