Indian criminal law | Private defence | Updated October 2026
IPC Section 106 and BNS Section 44: Right of Private Defence Against Deadly Assault
When a person faces a deadly assault, the law recognises a narrowly defined right to defend against that danger even where effective defence necessarily carries a risk of harm to an innocent person.
Meaning of IPC Section 106 and BNS Section 44
The provision applies where an assault reasonably creates apprehension of death, and the defender cannot effectively exercise the right of private defence without exposing an innocent person to a risk of harm. In that limited situation, the right of private defence extends to running that risk.
This is an exceptional rule about an unavoidable risk during legitimate self-defence. It is not a general permission to deliberately injure bystanders, retaliate after danger has passed or use excessive force.
Statutory provision and explanation
Section 106 IPC: Right of private defence against deadly assault when there is risk of harm to innocent person. The provision allows the defender to run the risk of harm to an innocent person if the defender cannot effectively defend against an assault reasonably causing apprehension of death without taking that risk.
Section 44 BNS: Right of private defence against deadly assault when there is risk of harm to innocent person. It substantially preserves the same statutory rule and illustration. Consult the official BNS text published by India Code for the enacted wording.
Statutory illustration: attack by a mob
A person is attacked by a mob attempting to murder him. He cannot effectively defend himself without firing towards the mob, but doing so risks harming children mixed into the crowd. The statutory illustration explains that harm to a child in those circumstances is not an offence when the action falls within this right of private defence.
The illustration is tied to the statutory conditions. It does not mean that firing into a crowd is automatically lawful; the necessity of defence, reasonable apprehension of death and other applicable limits must be considered.
When does the protection apply?
- Deadly assault: The assault must reasonably give rise to apprehension of death.
- Effective defence: The defender must be unable to exercise the right effectively without the risk to an innocent person.
- Risk to a bystander: The danger to the innocent person arises in the course of exercising private defence.
- Legal limits: The defensive act remains subject to the broader restrictions on private defence, including the prohibition on causing more harm than necessary.
Related legal provisions
BNS Section 34: Acts done in the exercise of the right of private defence are not offences.
BNS Section 35: Recognises the right to defend one's own body, another person's body and certain property against specified offences.
BNS Section 37: Prescribes restrictions, including cases involving public servants, availability of public protection and the rule against inflicting more harm than necessary.
BNS Section 38: Describes the circumstances in which private defence of the body may extend to causing death.
BNS Section 40: Specifies when the right of private defence of the body begins and how long it continues.
Practical legal significance
A court examining a claim under Section 44 would consider the circumstances confronting the defender at the time, including the seriousness and immediacy of the assault, whether effective defence was possible without endangering bystanders, and whether the force used remained within lawful limits. The mere assertion of fear or danger does not conclusively establish the defence.
The law distinguishes a genuine defensive response from revenge, aggression or avoidable harm. Each case depends on its evidence and surrounding circumstances.
Frequently asked questions
What is the corresponding BNS provision for IPC Section 106?
Section 44 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 106.
Can private defence justify a risk of harm to innocent persons?
Only in the exceptional circumstances described by Section 44: a deadly assault, reasonable apprehension of death and inability to defend effectively without that risk.
Does Section 44 permit unlimited force?
No. The general limits on private defence, including the restriction on causing more harm than necessary, remain relevant.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official PDF)
- National Crime Records Bureau - IPC and BNS correspondence table
- NCRB - BNS provisions by chapter
Legal note: This article is for general legal information. The applicable law and outcome depend on the date of the incident, facts, evidence and judicial interpretation.