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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 34: Things done in private defence
- Section 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
- Section 74: Assault or use of criminal force to woman with intent to outrage her modesty
- Section 38: When right of private defence of body extends to causing death
- Section 339: Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
Related Acts
* Only for reference.