Introduction of BNS 36
BNS 36 gives people the right to defend themselves, even if the person attacking them is young, not fully understanding their actions, mentally unsound, or intoxicated. This section makes it clear that everyone has the right to protect themselves, regardless of the attacker’s state of mind.
The Bharatiya Nyaya Sanhita (BNS) Section 36 replaces the old Indian Penal Code (IPC) Section 98.
What is section 36 of BNS ?
BNS Section 36 says that if you are attacked by someone who is young, mentally unstable, drunk, or confused about the situation, you still have the right to protect yourself, just as if the attacker knew exactly what they were doing.
BNS Section 36 in Simple Points
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.
1. Right of Defence Against All Attackers
BNS Section 36 makes it clear that your right to private defence exists even if the person attacking you is mentally unstable, intoxicated, very young, or acting under a misunderstanding. The law prioritizes your safety first.
Example: If a drunk person attacks you, you can defend yourself as if the person were fully aware of their actions.
2. Attacker’s State of Mind is Irrelevant
The section emphasizes that the attacker’s mental condition or age does not limit your right to self-defense. Whether they are a minor, insane, or simply confused, your right to safety remains intact.
Example: If a mentally ill person tries to hurt you, you can protect yourself without worrying that the attacker is not legally responsible.
3. Equal Defence Rights for All Situations
Your defense rights remain the same regardless of whether the attacker is sane, insane, intoxicated, or under a misconception. The law treats all attackers equally from the perspective of the person defending themselves.
Example: Whether a sober criminal or a mentally unstable person tries to harm you, your right to resist them is the same.
4. Protection Against Misconceptions
Sometimes, people attack others because they are mistaken about a situation (misidentification or misunderstanding). Even then, the victim has a lawful right to defend themselves.
Example: If someone wrongly thinks you are a thief and attacks you, you are legally entitled to defend yourself.
5. Special Categories of Attackers Covered
BNS Section 36 specifically mentions:
- Young persons (who lack maturity to understand consequences).
- Mentally unsound persons (insanity, disorders, etc.).
- Intoxicated persons (under alcohol/drugs).
- Persons acting under misconception.
In all these cases, your right to private defense stands.
6. No Punishment for Genuine Defence
Any action taken within the limits of private defence against such attackers is not an offence. However, just like in Sections 34 & 35, the force used must be reasonable and proportionate. Excessive violence beyond necessity is not protected.
Section 36 BNS Overview
Even if the person attacking you is young, mentally unwell, or confused, you have the right to protect yourself as if they were fully aware of their actions.
10 Key Points of BNS 36
- Self-Defense Against Anyone:
- You can defend yourself from harm, even if the person attacking you is mentally unstable, too young to understand, or under the influence of drugs or alcohol.
- Example: If a person who is intoxicated tries to hit you, you can defend yourself as if they were sober.
- No Special Treatment for Attackers:
- The law does not give special protection to attackers just because they are young, mentally unsound, or intoxicated. You have the same right to defend yourself.
- Example: If a young child accidentally tries to harm you, you can still protect yourself, but you should be mindful of their age.
- Misunderstandings Don’t Remove Your Rights:
- Even if someone attacks you because of a misunderstanding, you can defend yourself. Their mistake doesn’t take away your right to self-defense.
- Example: If someone mistakenly thinks you are a thief and tries to harm you, you can defend yourself.
- Equal Defense Rights:
- Your right to defend yourself is the same, regardless of the attacker’s mental state or misunderstanding. The law treats all attackers the same in terms of self-defense.
- Example: Whether an attacker is sane or not, you have the same right to protect yourself.
- Defense Against Mentally Unstable Individuals:
- If a person with a mental illness attacks you, you can defend yourself. The law understands that you may need to protect yourself in such situations.
- Example: If someone with a mental disorder tries to harm you, you can take necessary actions to stay safe.
- Defense Against Intoxicated Persons:
- If someone under the influence of alcohol or drugs attacks you, your right to defend yourself is still valid. Their intoxicated state doesn’t change your rights.
- Example: If a drunk person tries to hit you, you can block the attack and protect yourself.
- Young Attackers Don’t Nullify Your Rights:
- Even if a young person attacks you without understanding the consequences, you still have the right to defend yourself.
- Example: If a child tries to harm you unknowingly, you can still protect yourself but should try not to hurt them.
- Right to Private Defense in All Situations:
- Your right to private defense is upheld in all situations where you are being attacked, regardless of the attacker’s condition or understanding.
- Example: Whether the attacker is mistaken, mentally unsound, or intoxicated, your right to defend yourself remains the same.
- Misconceptions by the Attacker:
- If someone attacks you based on a misconception, like thinking you’re a threat when you’re not, you still have the right to defend yourself.
- Example: If someone mistakenly believes you’re breaking into their house and attacks you, you can protect yourself.
- Law Supports Your Defense Rights:
- The law ensures that your right to defend yourself is protected, no matter who the attacker is or why they are attacking.
- Example: If you’re attacked by someone who is mentally ill, the law supports your actions to protect yourself.
Right of Self-Defense
Bharatiya Nyaya Sanhita Section 36
| Section | Provision | Scope of Defence | Restrictions / Limitations | Punishment / Liability | Trial By |
|---|---|---|---|---|---|
| BNS Section 36 | Confirms that a person has the same right of private defence against acts done by an attacker who is young, of immature understanding, mentally unsound, intoxicated, or acting under a misconception — i.e., the defender may treat the act as the substantive offence for defensive purposes. | Protects the defender when repelling attacks by persons lacking capacity or under intoxication/misconception; the defender need not take the attacker’s mental state into account when deciding to defend. | Subject to the general limits of private defence — force must be reasonable, proportionate and used only when immediate necessity exists; pre-emptive or excessive violence is not permitted. | No criminal liability for bona fide defensive acts. If the defender exceeds reasonable force, normal criminal liability may follow for the resulting offence. | No trial where act is bona fide private defence; if defence is exceeded, case is tried by ordinary criminal courts based on the underlying offence. |
| IPC Section 98 (Old) | Under the IPC, a person likewise has the right of private defence against an actor who is a child, insane, intoxicated or acting under a mistake — allowing the defender to treat the act as the substantive offence for defensive response. | Same practical scope: defender may repel attacks by persons lacking capacity; attacker’s state of mind does not remove the defender’s right to immediate protection. | Subject to IPC limits on private defence — force must be proportionate and necessary; the right cannot be used for revenge or excessive retaliation. | No criminal liability for lawful private defence. Excessive or non-defensive conduct will attract ordinary IPC penalties. | If the conduct remains within lawful private defence, no prosecution; if not, the matter is tried in regular criminal courts under IPC. |
BNS Section 36 FAQs
What does BNS Section 36 cover?
BNS Section 36 covers the right to defend yourself against attackers who are mentally unstable, intoxicated, young, or acting under a misconception.
Can I defend myself if the attacker is intoxicated?
Yes, you can defend yourself if the attacker is under the influence of alcohol or drugs.
Does the attacker’s age affect my right to self-defense?
No, even if the attacker is young, you still have the right to protect yourself.
Can I defend myself against someone who is mentally unstable?
Yes, you have the right to defend yourself if someone with a mental disorder attacks you.
What if the attacker is mistaken about the situation?
Even if the attacker is mistaken, you still have the right to protect yourself from harm.
Conclusion
BNS Section 36 and IPC Section 98 both deal with the right of private defense, but the Bharatiya Nyaya Sanhita (BNS) brings a modernized and clearer framework compared to the Indian Penal Code (IPC). While IPC 98 provided the foundation for the concept, BNS 36 refines it by addressing practical situations more explicitly and ensuring stronger protection for individuals acting in good faith to defend themselves.
In short, BNS 36 ensures that citizens’ rights are safeguarded while balancing responsibility, making it a crucial step toward a fair, just, and updated criminal justice system in India.
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Finished with BNS Section 36 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..
- BNS 37 : Acts against which there is no right of private defence.
- https://marriagesolution.in/bns_section/bns-37/
- BNS 38 : When the right of private defence of the body extends to causing death.
- https://marriagesolution.in/bns_section/bns-38/
- BNS 39 : When such right extends to causing any harm other than death.
- https://marriagesolution.in/bns_section/bns-39/
- BNS 40 : Commencement and continuance of the right of private defence of the body.
- https://marriagesolution.in/bns_section/bns-40/
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