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 defense 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 defense 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 defense against Z, which he would have if Z were not acting under that misconception.
Explanatory Video on Section – 98. Right of private defense against the act of a person of unsound mind, etc.
Notes on Section – 98. Right of private defense against the act of a person of unsound mind, etc.
Questions on Section – 98. Right of private defense against the act of a person of unsound mind, etc.
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Section – 98. Right of private defense against the act of a person of unsound mind, etc.-. Bare Act of Indian Penal Code 1860 on JurisCrack with Case Laws and Video lecture
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