Right of private defence against deadly assault when there is risk of harm to innocent person
Chapter 3: General exceptions
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.
Illustration.
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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 38When right of private defence of body extends to causing deathIPC 100
- 39When such right extends to causing any harm other than deathIPC 101
- 40Commencement and continuance of right of private defence of bodyIPC 102
- 41When right of private defence of property extends to causing deathIPC 103
- 42When such right extends to causing any harm other than deathIPC 104
- 43Commencement and continuance of right of private defence of propertyIPC 105