36
36
Right of private defence against act of a person of unsound mind, etc
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsSelf DefenseGeneral ExceptionsRight To Protect
🗣️ Simple Explanation
What does this law say?
Section 36 of the Bharatiya Nyaya Sanhita (BNS) explains your right to defend yourself against someone who is not in their right mind, or is a child, or is mistaken about something. This section replaces the old Section of IPC.
Why does this law exist?
It ensures you can still protect yourself, even if the person attacking you isn't fully responsible for their actions. It protects you from harm.
Real-life impact
Imagine someone with a mental illness attacks you. This law says you can defend yourself. It gives you the same rights as if a sane person attacked you.
What happens if you break this law?
This section is about your right to defend yourself. It doesn't have a punishment. It explains when you can use self-defense.
💡 Real Life Example
Rahul, a child, tries to steal a phone. The owner, Amit, can use reasonable force to stop him. Amit is protected by this law. He can defend himself. The law allows this self-defense.
Priya, who is drunk, tries to start a fight. Sneha can defend herself. Sneha has the right to protect herself. The law allows her to do so. She is not committing a crime.
🛡️ KNOW YOUR RIGHTS
- •Understand your right to self-defense.
- •Use only the necessary force to protect yourself.
- •Seek legal advice if you are unsure about your actions.
- •Remember, you are presumed innocent until proven guilty.
❓ FREQUENTLY ASKED QUESTIONS
Section 36 of BNS explains your right to defend yourself against someone who may not fully understand their actions, like a person with a mental illness or a child. It ensures you can protect yourself. It gives you the same rights as if a sane person attacked you. This section replaces the old Section of IPC.
No, Section 36 itself does not have a punishment. It explains when you have the right to defend yourself. It clarifies that you can defend yourself even if the person attacking you is not fully responsible for their actions. It focuses on your right to self-defense, not on punishing the attacker.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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