Right of private defence remains available when an actor lacks criminal responsibility, preserving the victim's defensive entitlement.

Section 36 preserves the right of private defence for a person threatened by conduct that would otherwise be an offence, even when the actor is not criminally responsible due to youth, immaturity, unsoundness of mind, intoxication, or a bona fide misconception; the threatened person retains the same defensive entitlement as if the actor were culpable.

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