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.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
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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