Section 44 of the Bharatiya Nyaya Sanhita (BNS), 2023

09 Jun 2025 --
0 Comments

Section 44 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the right of private defence in situations where exercising that right may unintentionally harm an innocent person.

📜 Text of Section 44

“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.”

⚖️ Legal Implications

This provision acknowledges that in certain critical situations, defending oneself or others from an imminent threat of death may involve unavoidable risks to innocent bystanders. It legally protects individuals who, in the course of exercising their right to private defence, inadvertently cause harm to innocent persons, provided the action was necessary and proportionate to the threat faced

🧾 Illustration

A is attacked by a mob attempting to murder him. He cannot effectively 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

🔄 Comparison with IPC Section 106

Section 44 of the BNS is equivalent to Section 106 of the Indian Penal Code (IPC), 1860. Both sections provide that when defending against an assault that causes a reasonable apprehension of death, and when the defender cannot effectively exercise that right without risking harm to an innocent person, the right of private defence extends to the running of that risk. This ensures that individuals are not penalised for unintended harm caused to innocents during genuine acts of self-defence.

⚠️ Conditions for Invoking Section 44

Imminent Threat: The assault must reasonably cause the apprehension of death.

Necessity: The defender must be in a situation where they cannot effectively exercise the right of private defence without risking harm to an innocent person.(

Proportionality: The response must be proportionate to the threat faced.

If these conditions are met, the defender's actions are legally protected under Section 44, even if they result in unintended harm to innocent persons.