Section 44: Private Defence Against Deadly Assault when There is Risk to Innocent Person

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 106 IPC

Legal Commentary & Landmark Judgments: Section 44

Section 44 establishes the exceptional right of private defence against a deadly assault when there is risk of harm to an innocent person, providing that if in the exercise of private defence against an assault which causes reasonable apprehension of death, the defender is so situated that they cannot effectually exercise that right without risk of harm to an innocent person, their right of private defence extends to the running of that risk.

  • Deadly Assault Predicate: The defender must face an assault causing reasonable apprehension of death under Section 38 BNS.
  • Inescapable Defensive Dilemma: The defender cannot effectively defend their own life without risking injury to innocent bystanders (e.g. firing at an armed mob using children as shields).
  • Exemption from Criminal Culpability: If an innocent bystander is accidentally injured or killed in the process, the defender commits no offence.
Key Landmark Precedents:
  • Darshan Singh v. State of Punjab (2010) 2 SCC 333: The Supreme Court recognized Section 106 IPC (Section 44 BNS) as the high-water mark of private defence, affirming that when a citizen faces imminent death from a mob, the law allows them to fire even if there is risk of harm to innocent bystanders.
  • Waryam Singh v. Emperor (AIR 1926 Lah 554): Examined defensive firing in crowded places, holding that reasonable defensive action against a lethal threat excuses incidental civilian harm.
Courtroom Practice & Strategic Litigation Guidance:

In communal riot or mob lynching trials where your client fired a licensed firearm into an advancing armed crowd and accidentally injured a bystander, invoke Section 44 BNS: the law explicitly excuses running the risk of harm to innocent persons when facing deadly assault.