BNS §36
Right of private defence against act of a person of unsound mind, etc.
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Comparison
98. Right of private defence against the act of a person of unsound mind, etc.—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, under the influence of madness, 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.
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.
What changedAI-inferred
IPC 98 and BNS 36 carry the same rule character-identically: private defence applies against acts that would otherwise be offences but for the perpetrator's youth/incapacity/intoxication/misconception. Both illustrations preserved.
Old position
IPC 98 is concerned with Right of private defence against the act of a person of unsound mind. etc. Right of private defence against the act of a person of unsound mind, etc
New position
BNS 36 preserves the framework with drafting modernisations as required by the new code. Topic: Right of private defence against act of a person of unsound mind, etc.. 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
IPC 98 and BNS 36 carry the same rule character-identically: private defence applies against acts that would otherwise be offences but for the perpetrator's youth/incapacity/intoxication/misconception. Both illustrations preserved.
Editorial deltaAI-indicated (source-linked)
IPC 98 and BNS 36 carry the same rule character-identically: private defence applies against acts that would otherwise be offences but for the perpetrator's youth/incapacity/intoxication/misconception. Both illustrations preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 98 continues to apply. For matters from that date forward, BNS 36 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 36 (Right of private defence against act of a person of unsound mind, etc.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §98 → BNS §36 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/36.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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