Question:easy

X, under the influence of madness, attempts to kill Y.

Updated On: Jul 13, 2026
  • X has committed the offence of murder
  • Y has no right of private defense as X is insane
  • Y has right of private defense which he would have if X were sane
  • All statements are correct.
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The Correct Option is C

Solution and Explanation

It helps to separate two different questions here: whether X can be punished, and whether Y is still allowed to defend himself. Indian criminal law treats these as separate issues, and Section 98 IPC is the provision that keeps Y's right alive even when X cannot be convicted.

  1. Murder by X: X's madness removes the guilty mind needed for a murder conviction; X would instead be dealt with under the unsoundness of mind defence, so calling this murder is inaccurate.
  2. Y has no right of private defense: would leave a victim completely unprotected just because the attacker happens to be insane, which is exactly the outcome Section 98 was drafted to prevent.
  3. Y has the same right he would have against a sane attacker: is the rule Section 98 actually states; Y may defend himself against X's attack just as fully as if X were of sound mind, because the danger to Y is the same regardless of X's mental state.
  4. All statements correct: cannot stand since it would require the false statement about Y losing his right of private defence to also be true.

The correct answer is Y has right of private defense which he would have if X were sane, since Section 98 IPC preserves the victim's right of private defence regardless of the attacker's unsoundness of mind.

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