PPC Section 98 | Right of private defence against the act of a person of unsound mind, etc.

Text of PPC Section 98

Section 98. Right of private defence against the act of a person of unsound mind, etc.

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, under the influence of madness, 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 PPC Section 98

CONSULT A LAWYER IMMEDIATELY
We'll never share your email with anyone else

No video available.

Expert Legal Advice Online

We provide best solutions of your legal issues as per Law. Get Expert Legal Advice regarding your legal issue.

حَسْبِيَ اللَّهُ لاَ إِلَهَ إِلاَّ هُوَ عَلَيْهِ تَوَكَّلْتُ وَهُوَ رَبُّ الْعَرْشِ الْعَظِيمِ

“Allah is sufficient for me. There is none worthy of worship but Him. I have placed my trust in Him. He is the Lord of the Majestic throne.”