IPC 98 → BNS 36: Defense vs Unsound Mind

Quick Summary: IPC 98 vs BNS 36

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 98 (Defense vs Unsound Mind) is now mapped to BNS Section 36.

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 relating to this offence in India 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, all new criminal complaints relating to defense vs unsound mind are filed under BNS Section 36. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 36

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 36 instead of IPC 98.
• Police officers: Use BNS 36 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 98 ↔ BNS 36 mapping.