Legal Provisions of Section 98 of Indian Penal Code, 1860.
Right of private defence against the act of a person of unsound mind, etc:
This section lays down the principle that the right of private defence is available against such attackers also who may be mentally incapacitated and because of which they themselves may not be liable for any harm which they might cause. In other words, the section says that the same right of private defence as is available to one against another normal person is also available against such other persons who may not be liable for their acts in view of the fact that certain specific defences have been provided to them by the Indian Penal Code.
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Such defences are the defences of infancy under section 82, want of maturity of understanding under section 83, unsoundness of mind under section 84, intoxication under section 85 and any misconception on the part of those persons under sections 76 and 79 of the Code. The private defence law does not make a distinction between a normal and a non-normal attacker on body or property of any person and in both cases same right is available to the defender.