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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions

Section 36 BNS: Right of private defence against act of a person of unsound mind, etc

Corresponding IPC
Section 98 IPC

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

The right of private defence exists against an act that would be an offence but for the doer's youth, immaturity, unsound mind, intoxication or misconception, just as if it were an offence.

Chapter III: General Exceptions

  1. 14 Act done by a person bound, or by mistake of fact believing himself bound, by law
  2. 15 Act of Judge when acting judicially
  3. 16 Act done pursuant to judgment or order of Court
  4. 17 Act done by a person justified, or by mistake of fact believing himself justified, by law
  5. 18 Accident in doing a lawful act
  6. 19 Act likely to cause harm, but done without criminal intent, and to prevent other harm
  7. 20 Act of a child under seven years of age
  8. 21 Act of a child above seven and under twelve years of age of immature understanding
  9. 22 Act of a person of unsound mind
  10. 23 Act of a person incapable of judgment by reason of intoxication caused against his will
  11. 24 Offence requiring a particular intent or knowledge committed by one who is intoxicated
  12. 25 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  13. 26 Act not intended to cause death, done by consent in good faith for person's benefit
  14. 27 Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
  15. 28 Consent known to be given under fear or misconception
  16. 29 Exclusion of acts which are offences independently of harm caused
  17. 30 Act done in good faith for benefit of a person without consent
  18. 31 Communication made in good faith
  19. 32 Act to which a person is compelled by threats
  20. 33 Act causing slight harm
  21. 34 Things done in private defence
  22. 35 Right of private defence of body and of property
  23. 36 Right of private defence against act of a person of unsound mind, etc
  24. 37 Acts against which there is no right of private defence
  25. 38 When right of private defence of body extends to causing death
  26. 39 When such right extends to causing any harm other than death
  27. 40 Commencement and continuance of right of private defence of body
  28. 41 When right of private defence of property extends to causing death
  29. 42 When such right extends to causing any harm other than death
  30. 43 Commencement and continuance of right of private defence of property
  31. 44 Right of private defence against deadly assault when there is risk of harm to innocent person of abetment
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