Indian Penal Code,1860

Act No : 45

---

Section : Right of private defence against the act of a person of unsound mind,etc.

98. Right of private defence against the act of a person ofunsound mind, etc.--When an act which would otherwise be a certainoffence, is not that offence, by reason of the youth, the want ofmaturity of understanding, the unsoundness of mind or the intoxicationof the person doing that act, or by reason of any misconception on thepart of that person, every person has the same right of privatedefence against that act which he would have if the act were thatoffence. Illustrations (a) Z, under the influence of madness, attempts to kill A; Z isguilty of no offence. But A has the same right of private defencewhich he would have if Z were sane. (b) A enters by night a house which he is legally entitled toenter. Z, in good faith, taking A for a house-breaker, attacks A. HereZ, by attacking A under this misconception, commits no offence. But Ahas the same right of private defence against Z, which he would haveif Z were not acting under that misconception.

---

Quick Links

• Recent Comments
• Recent Citations
• Bare Acts Alphabetically