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

Indian Penal Code, 1860

Statutory 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.

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