What is Section 98 IPC? Right of private defence against the act of a person of unsound mind, etc.
Published on: Lawiz Team
Detailed explanation of Section 98 IPC: Right of private defence against the act of a person of unsound mind, etc..
Official Legal Text
The right of private defence extends to acts of a person of unsound mind or intoxicated person if such act would otherwise give rise to the right of private defence.
What This IPC Section Means – Explained in Simple Words
Section 98 of the Indian Penal Code states that the right of private defense applies even against acts committed by a person who is not criminally responsible.
Purpose
To allow self-defense against acts of individuals who cannot be held legally accountable (e.g., unsound mind).
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment for any act done in private defence, even if the offender is of unsound mind or incapable of understanding the nature of the act.
Scope and Application
Applies to acts of individuals who are not criminally responsible but whose actions pose a threat.
Important Legal Points
The defense must be proportionate to the threat posed.
Illustrative Example
A person can defend themselves if attacked by an individual of unsound mind.
Exceptions and Special Cases
The right does not extend to excessive force beyond what is necessary.
Conclusion
Section 98 allows defense against threats from individuals who are not legally responsible for their actions.
FAQs
What does Section 98 IPC define?
Right of private defence against the act of a person of unsound mind, etc..
Where is Section 98 IPC commonly applied?
In cases involving right of private defence against the act of a person of unsound mind, etc. situations.
Why is Section 98 IPC significant?
It provides clarity in handling cases under Indian Penal Code.
Can you provide a real-world example of Section 98 IPC?
Real-world cases involving right of private defence against the act of a person of unsound mind, etc. often refer to this section.
Does Section 98 IPC mention any exceptions?
Yes, it should be interpreted in conjunction with other IPC provisions.
Is Section 98 IPC linked to any other IPC sections?
Yes, it complements several provisions related to criminal defenses or abetment.
How have courts interpreted Section 98 IPC?
Courts interpret based on statutory meaning and factual case situations.