Code: Section 36 BNS
Section 36 BNS
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.
Explanation of Section 36 BNS
1. What Does This Section Cover?
This section allows individuals to defend themselves against threats posed by persons who:
- Are of unsound mind (mentally unstable).
- Are intoxicated (under the influence of alcohol or drugs).
- Are children incapable of understanding the consequences of their actions.
2. Key Limitations and Conditions
- Force used must be necessary and reasonable.
- Cannot cause more harm than needed to neutralize the threat.
- If police assistance is available, excessive force is not justified.
Illustrations
Example 1: Self-Defence Against an Insane Person
A man with a history of mental illness suddenly attacks a passerby with a knife. The passerby pushes him away and restrains him. This use of force is justified under Section 36 BNS.
Example 2: Defence Against an Intoxicated Person
A heavily drunk man starts hitting people at a bar. The bouncer subdues him and calls the police. Since the force used was only to prevent harm, it falls under private defence.
Example 3: A Child Attacking with a Toy Gun
A 10-year-old child points a toy gun at someone in a threatening manner. If the person physically attacks the child instead of de-escalating, this would not be justified, as the threat was not real.
Example 4: Excessive Force Not Justified
If a person kills a mentally ill individual who was only pushing them, it exceeds the right to private defence and may lead to legal consequences.
Common Questions and Answers on Section 36 BNS
1. Can I use force against a mentally ill person?
Yes, but only to the extent necessary to prevent harm to yourself or others.
2. Can I hit a drunk person if they threaten me?
Only if required for self-defence. Unnecessary retaliation is not protected under Section 36 BNS.
3. What if a child tries to attack me?
If the child is too young to understand their actions, the response must be minimal and necessary. Overreaction is not justified.
4. Can I use a weapon in self-defence against an insane person?
Only if the threat is severe (e.g., they have a deadly weapon and are attacking). The force used must match the danger posed.
5. Is private defence valid if police help is available?
If you have time to call the police instead of using force, self-defence may not be justified.
Conclusion
Section 36 BNS ensures that individuals can protect themselves even from persons who may not be criminally liable (due to insanity, intoxication, or young age). However, the use of force must always be proportionate.
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