Right of private defence against act of a person of unsound mind, etc
अध्याय 3: साधारण अपवाद
यह राजपत्र में छपा आधिकारिक अंग्रेज़ी पाठ है। आधिकारिक हिंदी पाठ जल्द जोड़ा जाएगा। धारा का शीर्षक भी अभी आधिकारिक अंग्रेज़ी में है।
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.
Illustrations.
(a) Z, a person of unsound mind, 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.
भारतीय न्याय संहिता, 2023 (2023 का अधिनियम संख्यांक 45). जैसा 25 दिसंबर 2023 को राजपत्र में छपा। बाद के संशोधन, यदि कोई हों, शामिल नहीं।
जुड़ी हुई धाराएँ
- 34Things done in private defenceIPC 96
- 35Right of private defence of body and of propertyIPC 97
- 37Acts against which there is no right of private defenceIPC 99
- 38When right of private defence of body extends to causing deathIPC 100
- 39When such right extends to causing any harm other than deathIPC 101
- 40Commencement and continuance of right of private defence of bodyIPC 102