General Exceptions
BNS Section 44 - Right of private defence against deadly assault when there is risk of harm to innocent person
Simple summary
Read the official BNS text below and consult an advocate for advice based on your facts.
Full official legal text
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.