Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence
Section 44: Right of private defence against deadly assault when there is risk of harm to innocent person
In plain words
When defending yourself against an attack that reasonably makes you fear death, you may take a risk of harming an innocent person if there is no other effective way to defend yourself.
Example: A mob tries to murder A, and A can only defend himself by firing, at the risk of hitting children in the crowd. A commits no offence if a child is harmed.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 44
No Supreme Court judgment in our database cites this section yet.