Section 36 BNS: Right of private defence against act of a person of unsound mind, etc
Bharatiya Nyaya Sanhita, 2023
Section 36 BNS at a Glance
Section 36 BNS deals with right of private defence against act of a person of unsound mind, etc. It replaced Section 98 IPC on 1 July 2024.
None. Section 36 BNS creates no offence.
Section 36 BNS Bare Act Text
36. 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, 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.
Source: Section 36, Bharatiya Nyaya Sanhita, 2023
Section 36 BNS in Simple Words
Section 36 of the Bharatiya Nyaya Sanhita (BNS) explains that a person has the same right of private defence against an act even when that act is not legally an offence because of the doer's youth, want of maturity of understanding, unsoundness of mind, intoxication, or misconception. Every person has the same right of private defence against that act as they would have if the act were an offence.
Ingredients of Section 36 BNS
- 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
Punishment Under Section 36 BNS
None. Section 36 BNS creates no offence.
None.
Section 36 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 36 BNS
When Section 36 BNS Does Not Apply
- The act is an offence in its own right, so Section 35 BNS and the later sections apply directly
- The act is not an offence for a reason other than youth, want of maturity of understanding, unsoundness of mind, intoxication or misconception
Section 36 BNS in the IPC (Previous Law)
Section 36 BNS replaces Section 98 IPC from the old criminal code.
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.
View IPC Section 98 →FAQs on Section 36 BNS
Under Section 36 BNS, can I defend myself if a mentally ill person attacks me?▼
Yes. Section 36 BNS says you have the same right of private defence even if the attacker is not legally committing an offence because of mental illness, youth, intoxication, lack of maturity, or a misconception. The focus is on the act you are facing, not only on the attacker’s legal guilt.
Under Section 36 BNS, does private defence apply if the other person acted by mistake?▼
Yes. If a person attacks you under a misconception and so commits no offence, Section 36 BNS still gives you the same right of private defence as if that act were an offence. The illustration includes a person wrongly thinking someone is a house-breaker and attacking on that basis.
What does Section 36 of the BNS cover exactly?▼
Section 36 BNS covers acts that would normally be offences but are not treated as offences because of the doer’s youth, lack of maturity of understanding, mental illness, intoxication, or misconception. In those situations, the person facing the act can still use the right of private defence. It extends private defence to cases where the attacker may not be legally punishable.
What punishment is given under Section 36 BNS?▼
Section 36 BNS does not itself prescribe a punishment. It only explains when the right of private defence is available against acts done by persons with unsound mind, intoxication, youth, lack of maturity, or misconception. Punishment, if any, will depend on the other applicable provision and the facts of the case.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·