LawgistThe Indian Penal Code
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.
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Of the Right of Private Defense
- 96 Things done in private defence
- 97 Right of private defence of the body and of property
- 98 Right of private defence against the act of a person of unsound mind. etc
- 99 Acts against which there is no right of private defence
- 100 When the right of private defence of the body extends to causing death
- 101 When such right extends to causing any harm other than death
- 102 Commencement and continuance of the right of private defence of the body
- 103 When the right of private defence of property extends to causing death
- 104 When such right extends to causing any harm other than death
- 105 Commencement and continuance of the right of private defence of property
- 106 Right of private defence against deadly assault when there is risk of harm to innocent person
