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Z, a person of unsound mind, attempts to kill A. Z is guilty of no offence by reason of his unsoundness…

Section 36 of the BNS gives the same right of private defence against an act that is not an offence only because of the doer's youth, immaturity, unsoundness of mind,…

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Z, a person of unsound mind, attempts to kill A. Z is guilty of no offence by reason of his unsoundness of mind. Does A have a right of private defence against Z?

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Correct answer A

Section 36 of the BNS gives the same right of private defence against an act that is not an offence only because of the doer's youth, immaturity, unsoundness of mind, intoxication or misconception. The Act illustrates this with Z's attempt on A's life: "Yes, A has the same right of private defence that he would have if Z were sane". The right is not cut down to harm short of death, and nothing in the facts suggests time to seek the authorities.

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