IPC Section 98 — Right of private defence against the act of a person of unsound mind, etc.

Summary

If someone does an act that would normally be a crime, but is not considered a crime because the person is a child, lacks mental maturity, is of unsound mind, is intoxicated, or is acting under a misunderstanding, then any other person still has the same right to defend themselves against that act as if it were actually a crime. This means you can use private defence against someone who cannot be held legally responsible for their actions, just as you could if they were fully responsible.

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.

Related Judgments

• SC (2009) Vol.2 p.998 — Supreme Court of India (2009)
• .. Appellant/Sole Accused vs State rep.by — Madras High Court ()
• MS. EERA TH. DR. MANJULA KRIPPENDORF v. STATE — Supreme Court of India (2017)
• S.C.R. 133 SURENDERA MISHRA v. STATE OF JHARKHAND — Supreme Court of India (2011)
• STATE OF HARYANA v. SMT. KAMLA AND ORS. APRIL 30, 1996 B — Supreme Court of India (S)
• .. Appellant/Sole accused vs The State represented by — Madras High Court (2012)
• ..Appellant/Accused vs State by — Madras High Court (2011)
• SC (2023) Vol.1 p.823 — Supreme Court of India (2023)

Old <-> New Code Mapping

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