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

Indian Penal Code, 1860

Section 106 IPC at a Glance

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

Punishment

None. Section 106 IPC creates no offence.

BNS Equivalent

Section 44 →

Section 106 IPC Bare Act Text

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.

Source: Section 106, Indian Penal Code, 1860

Section 106 IPC in Simple Words

Section 106 of the Indian Penal Code (IPC) says that where a person defends himself against an assault that reasonably causes apprehension of death, and cannot effectually do so without risk of harm to an innocent person, his right of private defence extends to running that risk. It is the last of the private defence sections.

Ingredients of Section 106 IPC

  • 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 106 IPC

Imprisonment

None. Section 106 IPC creates no offence.

Fine

None.

Section 106 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 106 IPC

In October 2018 in Guwahati, Pranav was cornered inside a narrow warehouse corridor by two assailants wielding machetes who lunged at him, causing a reasonable apprehension of death. An innocent clerk, Tarun, was trapped in the corridor directly beside the attackers. Pranav was so situated that he could not effectually exercise his right of private defence without firing his licensed pistol toward the attackers and risking harm to Tarun. Pranav fired to save his life, and a bullet grazed Tarun's shoulder. Pranav committed no offence because his right of private defence extended to running that risk under Section 106 IPC.

When Section 106 IPC Does Not Apply

  • The assault faced by the defender creates a reasonable apprehension only of simple or grievous hurt rather than death.
  • The defender is in a position where he can effectually defend himself without exposing any innocent bystander to the risk of harm.
  • The person intentionally targets an innocent individual rather than running an unavoidable risk while exercising the right of private defence against a deadly assault.

Section 106 IPC in the BNS

Section 106 IPC is now covered under Section 44 BNS.

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 detailed comparison (IPC 106 vs BNS 44) →

FAQs on Section 106 IPC

What does Section 106 IPC say?▼

That if a defender facing an assault that reasonably causes apprehension of death cannot effectually exercise the right of private defence without risk of harm to an innocent person, the right extends to running that risk.

Can I be punished if an innocent person is hurt while I defend myself under Section 106 IPC?▼

Not if the section applies. The assault must reasonably cause apprehension of death, and you must be unable to defend yourself effectually without the risk.

Does Section 106 IPC apply to every attack?▼

No. It applies only to an assault that reasonably causes the apprehension of death.

Is Section 106 IPC an offence?▼

No. It creates no offence. It is a General Exception.

What is the BNS equivalent of Section 106 IPC?▼

Section 44 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·