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CHAPTER IV GENERAL EXCEPTIONS · Of the Right of Private Defence

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

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

Questions on this section

2 questions in 7 of our papers cite Section 106. Try these from the free papers:

  1. 1. Match List I (provisions of the BNS) with List II (corresponding provisions of the IPC): List I A. Section 103 BNS B. Section 106(1) BNS C. Section 190 BNS D. Section 196 BNS List II 1. Section 304A IPC 2. Section 302 IPC 3. Section 153A IPC 4. Section 149 IPC

Practise questions on Criminal Law