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

Bharatiya Nyaya Sanhita, 2023

Section 44 BNS at a Glance

Section 44 BNS deals with right of private defence against deadly assault when there is risk of harm to innocent person. It replaced Section 106 IPC on 1 July 2024.

Punishment

None. Section 44 BNS creates no offence.

IPC Equivalent

Section 106 →

Section 44 BNS Bare Act Text

44. 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.

Source: Section 44, Bharatiya Nyaya Sanhita, 2023

Section 44 BNS in Simple Words

Section 44 of the Bharatiya Nyaya Sanhita (BNS) sets out the scope of the right of private defence against a deadly assault when exercising that right carries a risk of harming an innocent bystander. It applies to a defender exercising the right of private defence against an assault that reasonably causes the apprehension of death. If the defender is 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.

Two conditions must be met under this section: the assault must reasonably cause the apprehension of death, not merely lesser harm, and the defender must be unable to effectually defend against it without running the risk to the innocent person. The Illustration to Section 44 BNS explains this with the example of A, who is attacked by a mob attempting to murder him and cannot effectually exercise his right of private defence without firing on the mob, where young children are mingled with the mob. A commits no offence if by so firing he harms any of the children. Section 44 BNS is a General Exception and prescribes no punishment.

Ingredients of Section 44 BNS

  • The defender is exercising the right of private defence against an assault
  • The assault reasonably causes the apprehension of death
  • The defender is so situated that he cannot effectually exercise the right without risk of harm to an innocent person

Punishment Under Section 44 BNS

Imprisonment

None. Section 44 BNS creates no offence.

Fine

None.

Section 44 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 44 BNS

In Hyderabad, armed men surround a man at a crossing and try to kill him, and a passer-by is standing among them. The only way he can escape is to drive through the group. Section 44 BNS lets him run the risk to the passer-by, because the assault reasonably causes apprehension of death and he cannot effectually defend himself otherwise.

When Section 44 BNS Does Not Apply

  • The assault causes apprehension only of hurt, and not of death
  • The defender could effectually exercise the right without any risk to the innocent person
  • The defender sets out to harm the innocent person, and not merely to run the risk

Section 44 BNS in the IPC (Previous Law)

Section 44 BNS replaces Section 106 IPC from the old criminal code.

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.

View IPC Section 106 →

FAQs on Section 44 BNS

When does Section 44 BNS protect a defender who risks harming an innocent person?▼

Section 44 BNS applies when a person is exercising the right of private defence against an assault that reasonably causes the apprehension of death. If the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, the right of private defence extends to running that risk.

What illustration does Section 44 BNS give for this rule?▼

In the Illustration to Section 44 BNS, A is attacked by a mob attempting to murder him and cannot effectually exercise his right of private defence without firing on the mob. Because young children are mingled with the mob, he cannot fire without risking harm to them, and A commits no offence if by so firing he harms any of the children.

Does Section 44 BNS prescribe any punishment?▼

No. Section 44 BNS does not create an offence or prescribe any punishment. It is a General Exception that extends the right of private defence to running the risk of harm to an innocent person in a deadly assault.

Does Section 44 BNS apply to every kind of assault?▼

No. Section 44 BNS applies only when the assault reasonably causes the apprehension of death and the defender cannot effectually exercise the right of private defence without running the risk of harm to an innocent person.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·