Bharatiya Nyaya Sanhita, 2023
BNS Section 44
Right of private defence against deadly assault when there is risk of harm to innocent person
In one line
BNS Section 44 deals with right of private defence against deadly assault when there is risk of harm to innocent person and replaces IPC 106.
Bare act text — BNS 44
44. Right 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. of abetment
Frequently asked
What was BNS Section 44 in the IPC?
BNS Section 44 (Right of private defence against deadly assault when there is risk of harm to innocent person) replaces Section 106 of the Indian Penal Code, 1860. IPC 106 is now BNS 44.
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Nearby BNS sections
- BNS 39 — When such right extends to causing any harm other than death
- BNS 40 — Commencement and continuance of right of private defence of body
- BNS 41 — When right of private defence of property extends to causing death
- BNS 42 — When such right extends to causing any harm other than death
- BNS 43 — Commencement and continuance of right of private defence of property
- BNS 45 — Abetment of a thing
- BNS 46 — Abettor
- BNS 47 — Abetment in India of offences outside India
- BNS 48 — Abetment outside India for offence in India
- BNS 49 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment