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
What is IPC Section 106 ?
According to the official bare act, this legal offense is defined as: 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
What is the punishment for Dhara 106 ?
The punishment for this specific offense is outlined under the law as: Depends on original offence
Is IPC 106 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a Depends on original offence offense.
Is Dhara 106 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try IPC 106 cases?
Cases pertaining to this specific IPC section are triable by the Depends on original offence.
Can IPC Section 106 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).
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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.