36. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
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.
Section 31 Communication made in good faith
Section 32 Act to which a person is compelled by threats
Section 33 Act causing slight harm
Section 34 Things done in private defence
Section 35 Right of private defence of body and of property
Section 36 Right of private defence against act of a person of unsound mind, etc
Section 37 Acts against which there is no right of private defence
Section 38 When right of private defence of body extends to causing death
Section 39 When such right extends to causing any harm other than death
Section 40 Commencement and continuance of right of private defence of body