Section 98State of Jammu-Kashmir Act
Section 98: Right of private defence against the act of a person of unsound mind, etc
Right of private defence against the act of a person of unsound mind, etc.
- 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.Illustration(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.(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
Sec 97 — Right of private defence of the body and of property
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Sec 99 — Acts against which there is no right of private defence
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