Indian Penal Code, 1860
Section 106
repealedRight of private defence against deadly assault when there is risk of harm to innocent person
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.
Why this exists
The Indian Penal Code recognizes that real-life emergencies, especially life-threatening ones, don't always allow for perfectly clean choices. Section 106 addresses situations where defending against a deadly attack might unavoidably put a third, innocent person at risk of harm (for example, firing back at an attacker in a crowded space). Colonial-era drafters, influenced by common law necessity doctrines, decided that in such extreme circumstances, the defender's right to protect their own life should not be stripped away simply because an innocent bystander might be incidentally endangered.
Common misconceptions
- Myth: This section lets you harm bystanders on purpose if you're being attacked.
Fact: It only protects you from liability for *accidental* risk to an innocent person while defending against a deadly attack — it doesn't allow intentional harm to bystanders. - Myth: This applies to any kind of attack, even minor ones.
Fact: It applies only when the assault reasonably causes fear of death, not lesser threats.