Right of private defence against the act of a person with unsound mind, etc
AI Assist
Summary
If an act would normally be an offence but is not treated as one because the actor is young, immature, mentally ill, intoxicated or under a genuine misconception, the threatened person has the same right of private defence as if the act were an offence. That right lets the threatened person repel the act even though the actor may not be criminally liable.
Example
Meera is sleeping at home when Rohan, mentally unwell, mistakes her for an intruder and attacks her. Rohan may not be guilty because of his illness, but Meera may use the same private defence (including reasonable force) she would have used if Rohan were sane.
Bare Act
Enacted textWhen 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 mental illness 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 mental illness, 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.
Previous year papers
Pick your exam. we'll email the most recent paper.