As a CCTV and security system provider in Mumbai, we want to help you understand your rights regarding property protection under the new Bharatiya Nyaya Sanhita, 2023. Section 35, “Right of Private Defence of Body and of Property,” is particularly relevant.
What does Section 35 mean?
Simply put, this law grants you the right to defend yourself and your property against certain crimes. You can use reasonable force to protect:
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Yourself and others: Against offences affecting the human body (e.g., assault, battery).
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Your property (movable and immovable): Against theft, robbery, mischief (damage to property), criminal trespass (unlawful entry), and attempts to commit these crimes.
How does this relate to CCTV and intrusion alarms?
These security systems play a crucial role in:
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Deterrence: The visible presence of CCTV cameras and alarm systems can discourage potential criminals.
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Evidence Gathering: In case of a crime, CCTV footage provides invaluable evidence for investigation and prosecution. Alarm systems can alert you and the authorities to a potential intrusion, allowing for a quicker response.
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Justification of Force Used: If you need to defend yourself or your property, having security footage can help demonstrate that the force used was reasonable and proportionate to the threat. This is crucial in avoiding legal issues arising from the use of force.
Important Considerations (Restrictions in Section 37):
While you have the right to defend yourself and your property, the force used must be proportionate to the threat. Excessive or unnecessary force can lead to legal consequences. Section 37 details these restrictions. For example, you can’t use deadly force to protect property alone unless there’s also a threat to life.
Example:
Imagine someone attempts to break into your shop. Your alarm system alerts you and the police. You arrive and confront the intruder, who attacks you. You use reasonable force to defend yourself. The entire incident is captured on your CCTV system. This footage can be crucial in demonstrating that you acted lawfully in self-defense and in defense of your property.
In Conclusion:
Installing CCTV and intrusion alarm systems is a legitimate and effective way to protect your property in Mumbai. Understanding Section 35 of the Bharatiya Nyaya Sanhita, 2023, empowers you to exercise your right to self-defense and property protection within the boundaries of the law. However, it’s essential to remember the limitations on the use of force and always act responsibly. Contact us today to discuss your security needs and how we can help protect your premises.