IPC Section 106 — 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 makes them reasonably fear for their life, and they cannot effectively defend themselves without possibly harming someone who is not involved in the attack, then the law allows them to take that risk. This means the defender is not required to avoid all possible harm to an innocent person while protecting themselves from a deadly assault.

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.

Related Judgments

• STA TE OF KARNATAKA A v. MADESHA AND ORS — Supreme Court of India (2007)
• ... Appellant/Accused. vs State, rep.by — Madras High Court (1999)
• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• RAVISHWAR MANJHI & ORS v. STATE OF JHARKHAND 427 — Supreme Court of India (2008)
• GOTTIPULLA v. A. P. STATE — Supreme Court of India (1970)
• ST A TE OF RAJASTHAN v. RAM BHAROSI AND ORS. AUGUST 12, 1998 — Supreme Court of India (1998)
• MANJEET SINGH v. STATE OF HIMACHAL 801 PRADESH — Supreme Court of India (2014)
• S.C.R. 642 DARSHAN SINGH v. STATE OF PUNJAB & ANR — Supreme Court of India (2010)

Old <-> New Code Mapping

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