Section 44 BNS – Bhartiya Nyaya Sanhita, 2023 & equivalent IPC Section

Section-44 of Bhartiya Nyaya Sanhita, 2023: Right of private defence against deadly assault when there is risk of harm to innocent person – with corresponding and equivalent Sections of IPC-Indian Penal Code.

Bhartiya Nyaya Sanhita, 2023Indian Penal Code, 1860 (corresponding section)
44. 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.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.

Author

  • Prashant Kanha

    Advocate-on-Record at the Supreme Court of India with 14 years’ experience in civil, criminal, commercial and procedural matters. Partner at Redlaw Legal Services and author of legal analyses and commentary.

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