Section 44 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 44 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertains to the right of private defence against a deadly assault when there is a risk of harm to innocent persons. It states that if, in exercising the right of private defence against an assault that reasonably causes the apprehension of death, the defender is in a position where they cannot effectively exercise that right without risking harm to an innocent person, their right of private defence extends to running that risk.
Illustration:
If a person (A) is attacked by a mob attempting to murder them and cannot effectively defend themselves without firing at the mob, but doing so would risk harming innocent children mingled with the mob, A commits no offence if, by firing, they harm any of the children.
This provision aligns with Section 106 of the Indian Penal Code (IPC), 1860, which similarly addresses the right of private defence against deadly assault when there is a risk of harm to innocent persons.
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