Section 44 BNS: Right Of Private Defence Against Deadly Assault When There Is Risk Of Harm To Innocent Person

Table of Contents

Section 44 BNS | BNS 44 | BNS 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.

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.

READ OTHER SECTIONS OF CHAPTER III — GENERAL EXCEPTIONS

Section No.	Section Title
14	Act done by a person bound, or by mistake of fact believing himself bound, by law.
15	Act of Judge when acting judicially.
16	Act done pursuant to judgment or order of Court.
17	Act done by a person justified, or by mistake of fact believing himself justified, by law.
18	Accident in doing a lawful act.
19	Act likely to cause harm, but done without criminal intent, and to prevent other harm.
20	Act of a child under seven years of age.
21	Act of a child above seven and under twelve years of age of immature understanding.
22	Act of a person of unsound mind.
23	Act of a person incapable of judgment by reason of intoxication caused against his will.
24	Offence requiring a particular intent or knowledge committed by one who is intoxicated.
25	Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
26	Act not intended to cause death, done by consent in good faith for person’s benefit.
27	Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.
28	Consent known to be given under fear or misconception.
29	Exclusion of acts which are offences independently of harm caused.
30	Act done in good faith for benefit of a person without consent.
31	Communication made in good faith.
32	Act to which a person is compelled by threats.
33	Act causing slight harm.
	Of Right Of Private Defence
34	Things done in private defence.
35	Right of private defence of body and of property.
36	Right of private defence against act of a person of unsound mind, etc.
37	Acts against which there is no right of private defence.
38	When right of private defence of body extends to causing death.
39	When such right extends to causing any harm other than death.
40	Commencement and continuance of right of private defence of body.
41	When right of private defence of property extends to causing death.
42	When such right extends to causing any harm other than death.
43	Commencement and continuance of right of private defence of property.
44	Right of private defence against deadly assault when there is risk of harm to innocent person.