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CHAPTER III GENERAL EXCEPTIONS · Of right of private defence

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

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 8 of our papers cite Section 36. Try these from the free papers:

  1. 1. Assertion (A): When Z, a person of unsound mind, attempts to kill A, A has a right of private defence against Z although Z commits no offence. Reason (R): Under Section 36 of the BNS, when an act is not an offence by reason of the unsoundness of mind of the doer, every person has the same right of private defence against it as he would have if the act were that offence.

Practise questions on Bharatiya Nyaya Sanhita