Section 36: When an act, which would otherwise be a certain offence, is not that offence, by Right of
reason of the youth, the want of maturity of understanding, the unsoundness of mind or the private
defence
intoxication of the person doing that act, or by reason of any misconception on the part of against act of
that person, every person has the same right of private defence against that act which he a person of
would have if the act were that offence. unsound mind,
etc.
Illustrations.
(a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has
the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith,
taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception,
commits no offence. But A has the same right of private defence against Z, which he would
have if Z were not acting under that misconception.