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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 116: Grievous hurt
- Section 158: Aiding escape of, rescuing or harbouring such prisoner
- Section 52: Abettor when liable to cumulative punishment for act abetted and for act done
- Section 69: Sexual intercourse by employing deceitful means, etc
- Section 348: Making or possession of any instrument for counterfeiting a property mark
Related Acts
* Only for reference.