Right of private defence against the act of a person of unsound mind, etc is defined under section 98 of ipc. Provisions under IPC section 98 explained here:
What is Section 98 IPC:
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
- 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.
- 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.
Section 98 IPC Explanation:
This section means if an act done by a person of unsound mind or under the influeance of intoxication which otherwise would have been an offence if done by a sane person the act is no offence but the person against whom act is being done he has the right to private defence as if would have against a sane person. For eg. Mrs A was being teased by a man at party because he was under the influeance of intoxication, she still has right of private defence agaisnt her body, property.
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