BNS Section 44 — Right of private defence against deadly assault when there is risk of harm to innocent person

Summary

If a person is defending themselves against an attack that reasonably makes them fear for their life, and they are in a situation where they cannot defend themselves effectively without risking harm to an innocent person, their right of private defence allows them to take that risk.

For example, if a person is attacked by a mob trying to kill them, and they cannot defend themselves without firing at the mob, and firing risks harming children who are mixed in with the mob, that person commits no offence if their firing harms any of those children.

Official Text

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 Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• STA TE OF KARNATAKA A v. MADESHA AND ORS — Supreme Court of India (2007)
• ... Appellant/Accused. vs State, rep.by — Madras High Court (1999)
• GOTTIPULLA v. A. P. STATE — Supreme Court of India (1970)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §106 — Right of private defence against deadly assault when there is risk of harm to innocent person