Indian Penal Code, 1860

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

Section

106

Punishment

Depends on original offence

Cognizable

Depends on original offence

Bailable

Depends on original offence

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Depends on original offence

Bare Act Text

106. 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.IllustrationA 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
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