IPC Section 98: Right of private defence against the act of a person of unsound mind, etc
Indian Penal Code, 1860 · Chapter 4: General Exceptions (Including Right of Private Defence)
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶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.
Study: explanations and related material
Now BNS 36 (same provision). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p4
Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 76. Act done by a person bound, or by mistake of fact believing himself bound, by law
- 77. Act of Judge when acting judicially
- 78. Act done pursuant to the judgment or order of Court
- 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
- 80. Accident in doing a lawful act
- 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 82. Act of a child under seven years of age
- 83. Act of a child above seven and under twelve of immature understanding
- 84. Act of a person of unsound mind
- 85. Act of a person incapable of judgment by reason of intoxication caused against his will
- 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated
- 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 88. Act not intended to cause death, done by consent in good faith for person’s benefit
- 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
- 90. Consent known to be given under fear or misconception
- 91. Exclusion of acts which are offences independently of harm caused
- 92. Act done in good faith for benefit of a person without consent
- 93. Communication made in good faith
- 94. Act to which a person is compelled by threats
- 95. Act causing slight harm
- 96. Things done in private defence
- 97. Right of private defence of the body and of property
- 99. Act against which there is no right of private defence
- 100. When the right of private defence of the body extends to causing death
- 101. When such right extends to causing any harm other than death
- 102. Commencement and continuance of the right of private defence of the body
- 103. When the right of private defence of property extends to causing death
- 104. When such right extends to causing any harm other than death
- 105. Commencement and continuance of the right of private defence of property
- 106. Right of private defence against deadly assault when there is risk of harm to innocent person