IPC 106→BNS 44

IPC 106 to BNS 44: Right of private defence against deadly assault when there is risk of harm to innocent person

Section 106 IPC (1860) replaced by Section 44 BNS (2023)

View IPC Section 106 →View BNS Section 44 →

IPC 106 to BNS 44 at a Glance

Section 106 IPC (Right of private defence against deadly assault when there is risk of harm to innocent person) is now Section 44 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 106 to BNS 44?

Section 44 BNS keeps the rule and its illustration word for word. The only difference is that the BNS prints Illustration with a full stop, on a line of its own.

IPC 106 vs BNS 44: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10644
OffenceRight of private defence against deadly assault when there is risk of harm to innocent personSame
PunishmentNone. Section 106 IPC creates no offence.None. Section 44 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 106 and BNS 44: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 106, IPC 1860

106. Right 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. 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.
BNS 2023 (in force)

Section 44, BNS 2023

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.

Ingredients: IPC 106 vs BNS 44

Under IPC 106
  1. The defender is exercising the right of private defence against an assault
  2. The assault reasonably causes the apprehension of death
  3. The defender is so situated that he cannot effectually exercise the right without risk of harm to an innocent person
Under BNS 44
  1. The defender is exercising the right of private defence against an assault
  2. The assault reasonably causes the apprehension of death
  3. The defender is so situated that he cannot effectually exercise the right without risk of harm to an innocent person

What IPC 106 to BNS 44 Means for Pending Cases

For Section 106 IPC (now Section 44 BNS): nothing changes in how far a defender facing a deadly assault may run the risk of harming an innocent person. Section 44 BNS gives the same protection.

FAQs: IPC 106 to BNS 44

What changed when Section 106 IPC became Section 44 BNS?▼

Nothing in the rule or its illustration. Section 44 BNS repeats both word for word.

Where does Section 106 IPC sit in the BNS?▼

In Section 44 BNS, the last section of Chapter III, General Exceptions.

Does Section 106 IPC or Section 44 BNS apply to an act done before 1 July 2024?▼

Section 106 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 106 IPC. Section 44 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·