Section 36 Of The Bharatiya Nyaya Sanhita, 2023
Searching for Section 36 of The Bharatiya Nyaya Sanhita, 2023 it also know as Section 36 of BNS Act 2023.
Section 36 of the Bhartiya Nyaya Sanhita (BNS) talks about “Right of private defence against act of a person of unsound mind, etc.“
Section 36 Of The Bharatiya Nyaya Sanhita, 2023
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, a person of unsound mind, 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.