Section 36 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 36 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 36 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the right of private defence against acts committed by individuals who may not be fully responsible due to factors such as youth, lack of maturity, unsoundness of mind, intoxication, or misconception
Text of Section 36:
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
Key Points:
Right of Private Defence: Individuals retain the right to defend themselves against acts that would typically be considered offences, even if the person committing the act is not fully responsible due to certain conditions
Conditions Affecting Responsibility: These conditions include youth, lack of maturity, unsoundness of mind, intoxication, or misconception.
Equivalence to Offence: The right of private defence is upheld as if the act were indeed an offence, ensuring protection for individuals in such situations.
Comparison with Indian Penal Code (IPC):
Section 36 of the BNS, 2023, corresponds to Section 98 of the Indian Penal Code (IPC), 1860. Both provisions recognize the right of private defence against acts committed by individuals who may not be fully responsible due to various factors.
Significance:
This provision ensures that individuals are not left vulnerable when confronted with acts that would typically be considered offences, even if the person committing the act is not fully responsible. It upholds the principle of self-defence and provides legal clarity in such situations.
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