Verified 2025 — BNS Bare Act

IPC 98 → BNS 36: Defense vs Unsound Mind

IPC Section 98 (Defense vs Unsound Mind) under the old Indian Penal Code 1860 is now covered under Section 36 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

98

Defense vs Unsound Mind

Right of private defense against the act of a person of unsound mind, etc.

New Law — BNS 2023

36

Defense vs Unsound Mind

Punishment / Liability

N/A - General Exception

Key Change / Note

Section number changed, principle same

Facing a case under BNS 36?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 36.

What changed for IPC 98?

IPC 98 (Defense vs Unsound Mind) — right of private defense against the act of a person of unsound mind, etc. — now maps to BNS Section 36. Key change: Section number changed, principle same. Punishment under BNS 36: N/A - General Exception.

Quick Summary: IPC 98 vs BNS 36

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 98 (Defense vs Unsound Mind) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Defense vs Unsound Mind now maps to BNS 36, and the position below reflects the current bare act.

What did IPC 98 cover?

IPC 98 dealt with defense vs unsound mind — right of private defense against the act of a person of unsound mind, etc.. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 36: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to defense vs unsound mind are filed under BNS Section 36, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 36

N/A - General Exception

Practical implications for advocates, police & citizens

Advocates: For defense vs unsound mind, cite the current provision BNS 36 rather than the repealed IPC 98 in all matters arising on or after 1 July 2024.
Police officers: Register new defense vs unsound mind FIRs under BNS 36; procedure follows the BNSS.
Law students & citizens: Use the IPC 98 to BNS 36 mapping when checking your position on defense vs unsound mind under the new law.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 98?

IPC Section 98 (Defense vs Unsound Mind) is now covered under Section 36 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 36?

N/A - General Exception

What is the key difference between IPC 98 and BNS 36?

Section number changed, principle same

Is IPC 98 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The defense vs unsound mind offence earlier in IPC 98 is now governed by BNS 36 — pending IPC 98 cases continue, but new FIRs cite BNS 36.