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Indian Penal Code, 1860

IPC Section 98 in BNS

§ 98 IPC→§ 36 BNS

Right of private defence against the act of a person of unsound mind. Section 98 of the Indian Penal Code, 1860 (Right of private defence against the act of a person of unsound mind) corresponds to Section 36 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

D.K. Basu v. State of West Bengal (1997) laid down guidelines relating to:

Answer & explanation

Arrest and detention procedure

The Supreme Court prescribed requirements including accurate identification of arresting officers, preparation of an arrest memo attested by a witness, and intimation to a relative or friend.

Where to find it: BNSS, Chapter V

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
95Act causing slight harm33
96Things done in private defence34
97Right of private defence of the body and of property35
99Acts against which there is no right of private defence37
100When the right of private defence of the body extends to causing death38
101When such right extends to causing any harm other than death39

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table