36. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations. (a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
IPC Section 98 in BNS: Section 36
Right of private defence against the act of a person of unsound mind, etc
Section 98 of the Indian Penal Code, 1860 (Right of private defence against the act of a person of unsound mind, etc) corresponds to Section 36 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
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Text of BNS Section 36
Full BNS Section 36 and every IPC section it replaced →
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