IPC 98→BNS 36

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)

View IPC Section 98 →View BNS Section 36 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section9836
OffenceRight of private defence against the act of a person of unsound mind, etc.Same
PunishmentNone. Section 98 IPC creates no offence.None. Section 36 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 98 and BNS 36: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 98, IPC 1860

98. Right of private defence against the act of a person of unsound mind, etc.—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.
BNS 2023 (in force)

Section 36, BNS 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.

Ingredients: IPC 98 vs BNS 36

Under IPC 98
  1. The act would otherwise be a certain offence
  2. 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
  3. The person defending has the same right of private defence as if the act were that offence
Under BNS 36
  1. The act would otherwise be a certain offence
  2. 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
  3. 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

For Section 98 IPC (now Section 36 BNS): nothing changes in the right to defend against a person who is not guilty for want of capacity. Section 36 BNS keeps the rule and replaces the word madness in the first illustration.

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 ·