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.
Section history
Section 98 — Right of private defence against the act of a person of unsound mind, etc.
As in force on 1 April 2015.
Timeline 4 versions
- 30 March 1987 Enacted
- 30 November 2008 Revised edition
- 1 April 2015 You are here
- 1 January 2020 Act 15 of 2019
- 17 August 2026 Latest
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 housebreaker, 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.
[Indian PC 1860, s. 98]