Section 98 IPC: Right of private defence against the act of a person of unsound mind, etc.

Indian Penal Code, 1860

Section 98 IPC at a Glance

Section 98 IPC deals with right of private defence against the act of a person of unsound mind, etc. From 1 July 2024 it is replaced by Section 36 BNS.

Punishment

None. Section 98 IPC creates no offence.

BNS Equivalent

Section 36 →

Section 98 IPC Bare Act Text

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.

Source: Section 98, Indian Penal Code, 1860

Section 98 IPC in Simple Words

Section 98 of the Indian Penal Code (IPC) gives the same right of private defence against an act that would be an offence but for 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 right is the same as if the act were an offence.

Ingredients of Section 98 IPC

  • 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 98 IPC

Imprisonment

None. Section 98 IPC creates no offence.

Fine

None.

Section 98 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 98 IPC

In 2016 in Dehradun, Pranav unlocked and entered a flat that he had lawfully rented that afternoon. Inside, the owner's brother Varun, who had not been told about the tenancy, mistakenly believed in good faith that Pranav was a burglar and charged at him with a cricket bat to strike him. Because Varun acted under a misconception of fact, his attack was not an offence, even though it would otherwise have been an offence of hurt. Pranav locked Varun's arms to stop the blow. Pranav had the same right of private defence under Section 98 IPC.

When Section 98 IPC Does Not Apply

  • The attacker is a sane, sober adult acting without any misconception, so the attack is already an offence covered directly by Section 97 IPC.
  • The act being resisted would not be an offence giving rise to private defence even if committed by a person of sound mind and full understanding.
  • The act is not an offence for a reason outside Section 98 IPC, such as a known public servant acting in good faith under colour of office without causing fear of death or grievous hurt.

Section 98 IPC in the BNS

Section 98 IPC is now covered under Section 36 BNS.

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 detailed comparison (IPC 98 vs BNS 36) →

FAQs on Section 98 IPC

What does Section 98 IPC say?▼

That when an act would be an offence but for the youth, want of maturity of understanding, unsoundness of mind or intoxication of the doer, or a misconception on the doer's part, every person has the same right of private defence against it as against that offence.

Can I defend myself against a person of unsound mind under Section 98 IPC?▼

Yes. The first illustration says A has the same right of private defence which he would have if Z were sane.

Under Section 98 IPC, does a mistaken attacker lose the protection of private defence for the victim?▼

No. Under the second illustration, A has the same right against Z, who attacks him in good faith taking him for a house-breaker.

Is Section 98 IPC an offence?▼

No. It creates no offence. It is a General Exception that extends the right of private defence.

What is the BNS equivalent of Section 98 IPC?▼

Section 36 BNS, which replaces the word madness in the first illustration with a person of unsound mind.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·