BNS · Bharatiya Nyaya Sanhita, 2023

Section 44 BNS

Right of private defence against deadly assault when there is risk of harm to innocent person

Offence

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.

Punishment summary

  • Punishment may include death.
← Sec. 43 All sections Sec. 45 →

FAQ — Section 44 BNS

Section 44 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with “Right of private defence against deadly assault when there is risk of harm to innocent person”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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 harmin

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.