Right of private defence against act of a person of unsound mind, etc
What this section does
The right of private defence exists even when the act being defended against is not technically an offence due to the actor's youth, immaturity, unsoundness of mind, intoxication, or misconception. The defender retains the same right of private defence as if the act were a full offence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.98.
Read the official text
For the binding statutory text of BNS Section 36, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 36 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.