Mera Samvidhaan All of Bharatiya Nyaya Sanhita, 2023

Chapter III · General Exceptions

44Right of private defence against deadly assault when there is risk of harm to innocent person

Section 44 · Chapter III · Of right of private defence

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustrations

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

Section 44 of The Bharatiya Nyaya Sanhita, 2023 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.