IPC 106 vs BNS 44: Right of private defence against deadly assault when there is risk of harm to innocent person
Section 106 of the Indian Penal Code is now section 44 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024. The wording is the same.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
IPC section 106Right of private defence against deadly assault when there is risk of harm to innocent person
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.
BNS section 44Right of private defence against deadly assault when there is risk of harm to innocent person
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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.