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Introduction of BNS 36

BNS Section 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.



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.

Person defending themselves under BNS Section 36
Understanding your right to self-defense under BNS Section 36

BNS Section 36 in Simple Points

You Can Defend Yourself Against Anyone:

  • Whether the person attacking you is mentally unstable, intoxicated, or young, you still have the right to protect yourself.

Misunderstandings Don’t Cancel Your Rights:

  • Even if the person attacking you is mistaken about the situation, you can still defend yourself.

All Attackers Treated the Same:

  • The law doesn’t give special protection to the attacker based on their mental state or age. Your defense rights remain the same.

Defense Against Intoxicated People:

  • If someone attacks you while under the influence of drugs or alcohol, you can defend yourself without worrying about their intoxicated state.

Protection Against Young or Mentally Unstable Attackers:

  • Even if the attacker is young or mentally unstable, you can still defend yourself, but be cautious of their condition.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

right to self-defense
right to self-defense

Bharatiya Nyaya Sanhita Section 36

AspectDetails
DefinitionThe right to defend oneself against attackers who are young, mentally unstable, intoxicated, or acting under a misconception.
OffenseNot applicable if the act of defense is against someone who cannot be held fully responsible due to their condition.
PunishmentNo punishment for actions taken in lawful self-defense.
BailableNot applicable, as lawful self-defense actions are not offenses.
Bharatiya Nyaya Sanhita Section 36

BNS Section 36 FAQs

What does BNS Section 36 cover?

Can I defend myself if the attacker is intoxicated?

Does the attacker’s age affect my right to self-defense?

Can I defend myself against someone who is mentally unstable?

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.


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