Right of private defence against deadly assault when there is risk of harm to innocent person is defined under section 106 of ipc. Provisions under IPC section 106 explained here:
What is Section 106 IPC:
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.
Illustrations
- 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.
Section 106 IPC Explanation:
This section means if while practicing one’s right to private defence there is a slight chance that innocents might also get hurt, in such situations person can exercise his right to private defence upto that risk, means he can take that risk. For eg. If a politician is on road and mob suddenly starts throwing stones at him and running to beat him he can exercise his right to private defence even if in the mob are few innocent kids and those few who might just can get caught in the crossfire.
