BNS §44
Right of private defence against deadly assault when there is risk of harm to innocent person
Jump to section
Comparison
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. 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. CHAPTER V OF ABETMENT
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.
What changedAI-inferred
IPC 106 and BNS 44 carry the same rule character-identically: private defence against assault reasonably causing apprehension of death extends to running a risk of harm to innocents when effective defence is impossible without that risk. Mob-with-children illustration preserved.
Old position
IPC 106 is concerned with Right of private defence against deadly assault when there is risk of harm to innocent person. Right of private defence against deadly assault when there is risk of harm to innocent person
New position
BNS 44 preserves the framework with drafting modernisations as required by the new code. Topic: 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,
IPC 106 and BNS 44 carry the same rule character-identically: private defence against assault reasonably causing apprehension of death extends to running a risk of harm to innocents when effective defence is impossible without that risk. Mob-with-children illustration preserved.
Editorial deltaAI-indicated (source-linked)
IPC 106 and BNS 44 carry the same rule character-identically: private defence against assault reasonably causing apprehension of death extends to running a risk of harm to innocents when effective defence is impossible without that risk. Mob-with-children illustration preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 106 continues to apply. For matters from that date forward, BNS 44 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 44 (Right of private defence against deadly assault when there is risk of harm to innocent person). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §106 → BNS §44 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/44.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.