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

Summary

This section deals with the right to defend yourself against someone whose act is not a crime because of their mental state or a mistake. Normally, the right of private defence applies against a criminal act. This section says that even if an act is not an offence because the person doing it is a child, lacks mature understanding, is of unsound mind, is intoxicated, or is acting under a misconception, you still have the same right of private defence against that act as you would have if the act were actually an offence.

Illustration (a): Z, a person of unsound mind, tries to kill A. Z commits no offence because of his unsound mind. However, A has the same right of private defence against Z as he would have if Z were sane.

Illustration (b): A enters a house by night, which he is legally entitled to enter. Z, honestly but mistakenly, thinks A is a house-breaker and attacks A. Because of this misconception, Z commits no offence. But A has the same right of private defence against Z as he would have if Z were not acting under that mistake.

Official 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §98 — Right of private defence against act of a person of unsound mind, etc