Section 44 Of The Bharatiya Nyaya Sanhita, 2023
Searching for Section 44 of The Bharatiya Nyaya Sanhita, 2023 it also know as Section 44 of BNS Act 2023.
Section 44 of the Bharatiya Nyaya Sanhita (BNS) talks about “Right of private defence against deadly assault when there is risk of harm to innocent person.“
Section 44 Of The Bharatiya Nyaya Sanhita, 2023
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.