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

Bharatiya Nyaya Sanhita, 2023

Statutory text

44. 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.

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