Legal Insights India

 Right of Private Defence of Body  Section 35(a) provides that every person has a right subject to the restrictions contained under Section 37, to defend his own body and the body of any other person against any offence affecting human body.  Offences affecting human body are defined and made punishable under Chapter 6 Section 100 - Section 146 of the BNS.  • ROPD of Body extends to causing death  Section 38 of the BNS provides that the right of private defence of body extends to the voluntary causing death or any other harm to the assailant subject to the restrictions contained in Section 37 of the BNS.  Section 38 bare act:  Yashwant Rao Vs State of Madhya Pradesh (rape, unnatural lust) Vishwanath Vs State of Uttar Pradesh (kidnapping, abduction) The accused's sister was staying with her father and brother (accused) because she did not want to live with her husband. One day, the deceased husband came to the house of the accused and tried to drag away...