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Indian Penal Code,1860

Act No : 45


Section : Right of private defence against deadly assault when there is risk ofharm to innocent person.

106. Right of private defence against deadly assault when thereis risk of harm to innocent person.--If in the exercise of the rightof private defence against an assault which reasonably causes theapprehension of death, the defender be so situated that he cannoteffectually exercise that right without risk of harm to an innocentperson, his right of private defence extends to the running of thatrisk. Illustration A is attacked by a mob who attempt to murder him. He cannoteffectually exercise his right of private defence without firing onthe mob, and he cannot fire without risk of harming young children whoare mingled with the mob. A commits no offence if by so firing heharms any of the children.