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

Indian Penal Code, 1860

Statutory 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,  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 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.

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