Section 97: Right of private defence of the body and of property

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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 defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

Where this provision sits

Act	The Indian Penal Code, 1860
Section	97
Marginal note	Right of private defence of the body and of property
Jurisdiction	Central
Status	Repealed
Judgments citing it	9

Judgments that turned on this provision

SURESH SINGHAL vs STATE(DELHI ADMINISTRATION)Supreme Court of India · 2017-02-02
SURESH SINGHAL vs STATE(DELHI ADMINISTRATION)Supreme Court of India · 2017-02-02
SUNIL KHERGADE vs STATE OF MAHARASHTRASupreme Court of India · 2015-08-13
APEAL/100/1995 of RAMESH BABURAO PHARANDE Vs THE STATE OF MAHARASHTRA and ANR.Bombay High Court · 2014-04-03
SANTOKH SINGH vs STATE OF PUNJABSupreme Court of India · 2009-02-12
CR.A/164/1991 of GANDAJI KESHAJI THAKOR Vs STATE OF GUJARATHigh Court of Gujarat · 2006-09-06
CR.A/777/1993 of AKHAMBHAI AMARSINH PATEL Vs STATE OF GUJ.High Court of Gujarat · 2002-02-20

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