IPC § 106 · Indian Penal Code, 1860 · Repealed on 1 July 2024
Section 106 IPC — Right of private defence against deadly assault when there is risk of harm to innocent person
Replaced from 1 July 2024 by BNS 44 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.
The law now: BNS 44 — 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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 44 in full