IPC · Indian Penal Code, 1860

Section 98 IPC

Right of private defence against the act of a person of unsound mind, etc.

Offence

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.

← Sec. 97 All sections Sec. 99 →

FAQ — Section 98 IPC

Section 98 of the Indian Penal Code, 1860 (IPC) deals with “Right of private defence against the act of a person of unsound mind, etc.”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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.

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.