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SECTION 98 IPC - Indian Penal Code - Right of private defence against the act of a person of unsound mind, etc.
Last Updated: 01 Sep, 2024
By Advocate Chikirsha Mohanty
(In Illustrations, words “under the influence of madness” are replaced by “a person of unsound mind”.)
Please refer to BNS 36 for updated procedures & punishments.
IPC 98 in Simple Words
In simple words, Section 98 of the Indian Penal Code states that if a person commits an act that would be an offense, but due to reasons like youth, lack of understanding, unsound mind, intoxication, or misconception, it is not considered an offense, others still have the right of private defense against that act as if it were an offense.
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Frequently Asked Questions
What is IPC section 98?
IPC Section 98: Right to private defense against an act committed by a person with unsound mentality, etc.
What is Section 98 in law?
Section 98 protects tenure by limiting the power of management to dismiss or retrench employees. These provisions are based on the philosophy that an employee who has a tenure secured is in a much better position to perform his duties effectively and in the public interest. 29 Oct 2023
What is the case law for Section 98?
Z attempts to kill A while mad; Z is not guilty. A is entitled to the same private defense as he would be if Z was sane. A breaks into a house that he has a legal right to enter at night. Z in good faith assumes A is a burglar and attacks A.
