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 defense 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"
91 IPC Exclusion of acts which are offences independently of harm cause
92 IPC Act done in good faith for benefit of a person without consent
93 IPC Communication made in good faith
94 IPC Act to which a person is compelled by threats
95 IPC Act causing slight harm
96 IPC Things done in private defence
97 IPC Right of private defence of the body and of property
98 IPC Right of private defence against the act of a person of unsound mind, etc
99 IPC Acts against which there is no right of private defence
100 IPC When the right of private defence of the body extends to causing death