Right of private defence against the act of a person of unsound mind, etc
AI Assist
Summary
When an act would otherwise be an offence but is not because the actor is a youth, lacks maturity of understanding, is of unsound mind, is intoxicated, or is acting under a misconception, the victim has the same right of private defence as if the act were that offence. The defender may use necessary force to prevent the act. The right covers defensive action only, not punishment beyond self-defence.
Example
Ravi, suffering from madness, attempts to kill Aditya. Ravi may not be criminally guilty for the act, but Aditya may use the same private defence he would have used if Ravi were sane to protect himself.
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 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
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(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.
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(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.
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