BNS Section 44 — Right of private defence against deadly assault when there is risk of harm to innocent person
Section 44 of the Bharatiya Nyaya Sanhita, 2023 addresses “Right of private defence against deadly assault when there is risk of harm to innocent person”. Read the provision below with its qualifications, exceptions and chapter context; the official source is linked alongside it.
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. ¶
Source edition: 6 October 2025. This preview uses extracted India Code text. Editorial verification and checks for subsequent amendments and commencement notifications are pending. About the source →