IPC 98 to BNS 36: Right of private defence against the act of a person of unsound mind, etc.
Section 98 IPC (1860) replaced by Section 36 BNS (2023)
IPC 98 to BNS 36 at a Glance
Section 98 IPC (Right of private defence against the act of a person of unsound mind, etc) is now Section 36 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 98 to BNS 36?
Section 36 BNS keeps the rule and both illustrations. It drops the word the from the heading, prints Illustrations with a full stop, and in the first illustration says Z, a person of unsound mind, in place of Z, under the influence of madness.
IPC 98 vs BNS 36: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 98 | 36 |
| Offence | Right of private defence against the act of a person of unsound mind, etc. | Same |
| Punishment | None. Section 98 IPC creates no offence. | None. Section 36 BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 98 and BNS 36: Bare Act Text Side by Side
Section 98, IPC 1860
Section 36, BNS 2023
Ingredients: IPC 98 vs BNS 36
- The act would otherwise be a certain offence
- It is not an offence because of the youth, want of maturity of understanding, unsoundness of mind or intoxication of the person doing it, or a misconception on that person's part
- The person defending has the same right of private defence as if the act were that offence
- The act would otherwise be a certain offence
- It is not an offence because of the youth, want of maturity of understanding, unsoundness of mind or intoxication of the person doing it, or a misconception on that person's part
- The person defending has the same right of private defence as if the act were that offence
What IPC 98 to BNS 36 Means for Pending Cases
FAQs: IPC 98 to BNS 36
What changed when Section 98 IPC became Section 36 BNS?▼
Only the wording. The first illustration says a person of unsound mind where the IPC says under the influence of madness, and the heading drops the word the. The right is the same.
Where does Section 98 IPC sit in the BNS?▼
In Section 36 BNS, in Chapter III, General Exceptions.
Does Section 98 IPC or Section 36 BNS apply to an act done before 1 July 2024?▼
Section 98 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 98 IPC. Section 36 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·