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

• STATE OF KARNATAKA vs MADESHA AND ORS — Supreme Court of India (2007)
• KASHI RAM & OTHERS vs STATE OF RAJASTHAN — Supreme Court of India (2008)
• GCTTIPULLA VENKATA SIVA SUBRAYANAM & ORS. vs STATE OF ANDHRA PRADESH & ANR — Supreme Court of India (1970)
• STATE OF RAJASTHAN vs RAM BHAROSI AND ORS — Supreme Court of India (1998)
• DARSHAN SINGH vs STATE OF PUNJAB & ANR — Supreme Court of India (2010)
• RAJ SINGH vs STATE OF HARYANA ETC — Supreme Court of India (2015)

Old <-> New Code Mapping

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