Section 36 provides that the right of private defence remains valid even when the person committing the threatening act is not criminally liable due to unsoundness of mind, intoxication, minority, or misconception. In such cases, the threatened person may still defend themselves as if the act were a punishable offence.
Key Provisions:
- If someone commits an act that would have been a criminal offence, but is not punishable due to:
- Minority (youth)
- Lack of maturity
- Unsoundness of mind
- Intoxication
- Misconception
Then, any person has the same right of private defence as if the act was actually an offence.
Illustrations:
- Illustration (a):
Z, who is mentally ill, attempts to kill A.
Legally, Z is not guilty of an offence due to unsoundness of mind.
But A can still defend himself as if Z were a sane and responsible person committing the offence. - Illustration (b):
A lawfully enters a house at night.
Z, mistakenly believing A to be a burglar, attacks him.
Z is not guilty due to his misconception,
but A still has the full right of private defence against Z’s act.
How It Protects:
- Ensures that a person is not left defenceless, even if the attacker is not criminally liable.
- Emphasizes protection of life and property, regardless of the mental or legal status of the attacker.
- Clarifies that private defence is based on the nature of the act, not the intention or mental state of the offender.
