Right of private defence against deadly assault when there is risk of harm to innocent person
What this section does
Where a defender exercising the right of private defence against an assault that reasonably causes apprehension of death cannot do so without risking harm to an innocent bystander, the right extends to running that risk. The illustrated scenario of a mob attack clarifies that harm caused to innocent persons in such circumstances does not constitute an offence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.106.
Read the official text
For the binding statutory text of BNS Section 44, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 44 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.