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Section 44 - The Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023
44. Right of private defence against deadly assault when there is risk of harm to innocent person.
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.
Related Sections
- Section 301: Trespassing on burial places, etc
- Section 20: Act of a child under seven years of age
- Section 307: Theft after preparation made for causing death, hurt or restraint in order to committing of theft
- Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes
- Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will
Related Acts
- Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019
- National Bank for Agriculture and Rural Development (Amendment) Act, 2017
- Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020
- Repealing and Amending Act, 2019
- Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
* Only for reference.