IPC · Indian Penal Code, 1860

Section 106 IPC

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.

Punishment summary

  • Punishment may include death.

FAQ — Section 106 IPC

Section 106 of the Indian Penal Code, 1860 (IPC) 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.

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.