Indian Penal Code, 1860
IPC Section 98 in 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.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 95 | Act causing slight harm | 33 |
| 96 | Things done in private defence | 34 |
| 97 | Right of private defence of the body and of property | 35 |
| 99 | Acts against which there is no right of private defence | 37 |
| 100 | When the right of private defence of the body extends to causing death | 38 |
| 101 | When such right extends to causing any harm other than death | 39 |
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