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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 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm
- Section 116: Grievous hurt
- Section 217: False information, with intent to cause public servant to use his lawful power to injury of another person
- Section 256: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- Section 40: Commencement and continuance of right of private defence of body
Related Acts
* Only for reference.