INDIAN PENAL CODE
98: Right To Private
Defence Against That 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 to 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 a 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.
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