IPC Section 106 - Right of private defence against deadly assault when there is risk of ha rm to innocent

106. Right of private defence against deadly assault when there is risk of ha rm 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.