Section Overview
Section Number:
IPC Section 106
Section Title:
Right of Private Defence Against Deadly Assault When There Is Risk of Harm to Innocent Person
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 106 applies in exceptional situations where a person faces a deadly assault and has a lawful right of private defence extending to the causing of death, but the exercise of that right may unintentionally expose an innocent person to harm.
The section recognizes that the law cannot require a person to surrender their life merely because an innocent person happens to be near the attacker.
Original Law Text
"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."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 106 ka simple matlab hai:
Agar kisi vyakti par aisa deadly attack ho raha hai jisse usko apni jaan ka khatra hai, aur apni jaan bachane ke liye defensive action lena zaroori hai, lekin us action se kisi innocent person ko bhi risk ho sakta hai, to law defender ko protection deta hai.
Example:
Ek attacker gun lekar kisi vyakti par fire kar raha hai.
Defender ke paas bhi gun hai.
Attacker ke peeche ya aas-paas innocent log khade hain.
Agar defender self-defence mein fire karta hai aur innocent person ko risk hota hai, to Section 106 us situation ko cover karta hai.
Simple words mein:
"Law kisi insaan ko apni jaan qurbaan karne ke liye majboor nahi karta sirf isliye ki self-defence karte waqt kisi innocent person ko risk ho sakta hai."
Legal Definition (Original Law Text)
The right extends to running the risk of harming an innocent person when:
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A deadly assault exists.
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The defender reasonably fears death.
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Effective self-defence is otherwise impossible.
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Risk to the innocent person is unavoidable.
Practical Interpretation
Section 106 is one of the most exceptional provisions in criminal law.
Normally, innocent persons must never be harmed.
However, the legislature recognized that some situations leave no perfect option.
Courts therefore examine:
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Was there a genuine threat to life?
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Was the apprehension of death reasonable?
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Was self-defence necessary?
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Could the defender have acted differently?
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Was the risk to the innocent person unavoidable?
The section does not grant a free license to harm innocent people.
It applies only where the defender has no practical alternative.
Why IPC Section 106 Was Introduced?
The lawmakers understood that life-threatening situations can create unavoidable dilemmas.
Without Section 106:
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A victim might be legally punished for trying to save their own life.
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Criminals could exploit situations where innocent people are nearby.
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Citizens would face impossible choices between self-preservation and legal liability.
The section therefore balances:
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The right to life,
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The right of private defence,
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The protection of innocent persons.
Relationship with IPC Sections 96–105
Section 96:
Acts done in private defence are not offences.
Section 97:
Creates the right of private defence.
Section 99:
Places limitations on the right.
Section 100:
Allows causing death in certain self-defence situations.
Section 101:
Allows lesser harm when death is not justified.
Section 102:
Explains when private defence of the body begins and ends.
Section 106:
Deals with situations where exercising lawful self-defence creates unavoidable risk to innocent persons.
Illustration Explained
The classic illustration under Section 106 is:
A is attacked by a mob attempting to murder him.
He cannot fire at the attackers without risking injury to nearby children.
If the danger is immediate and death is reasonably apprehended, A may still exercise private defence even though innocent children may be exposed to risk.
The key factor is necessity.
Punishment & Legal Classification
Punishment
IPC Section 106 prescribes no punishment.
It is a protective provision that may exempt criminal liability when its requirements are satisfied.
Bailable / Non-Bailable
Not applicable.
The section creates no offence.
Cognizable / Non-Cognizable
Not applicable.
Compoundable
Not applicable.
Triable By
Not applicable independently.
The provision may be raised as a defence during criminal proceedings.
IPC ↔ BNS Mapping
IPC Section
IPC Section 106
BNS Equivalent
The Bharatiya Nyaya Sanhita retains the principles governing private defence and exceptional circumstances involving unavoidable risk to innocent persons.
Status
IPC repealed and replaced by BNS.
However, the underlying principle continues within the framework of private defence.
Real-Life Examples
Example 1: Armed Hostage Situation
An armed criminal uses innocent civilians as cover while attempting to kill a victim.
The victim uses defensive force to stop the attacker.
Although innocent persons face risk, Section 106 may apply if the danger to the victim's life is immediate.
Example 2: Terror Attack
A terrorist opens fire in a crowded area.
A licensed security officer returns fire to stop the attack.
There is some unavoidable risk to nearby people.
The law may recognize protection under principles reflected in Section 106.
Example 3: Violent Mob Assault
A person is surrounded by a mob attempting to kill him.
The only escape route requires defensive action that could accidentally harm a bystander.
Section 106 may become relevant if the threat is immediate and deadly.
Landmark Judgments
Case Name:
Darshan Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
The Supreme Court emphasized that private defence must be assessed realistically and from the viewpoint of a person facing immediate danger rather than through hindsight.
Case Name:
Yogendra Morarji v. State of Gujarat
Court:
Supreme Court of India
Key Takeaway:
The Court discussed the scope of private defence and stressed that defensive rights arise from necessity and reasonable apprehension.
Case Name:
Munshi Ram v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
The Court reaffirmed that citizens need not wait passively when faced with immediate unlawful aggression threatening life or safety.
Legal Insights
When Is This Section Applied?
Section 106 is applied when:
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A deadly assault occurs.
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The right of private defence extends to causing death.
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Innocent persons are nearby.
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Risk to those persons cannot reasonably be avoided.
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Defensive action is necessary for survival.
Common Misuse Scenarios
False Claims of Deadly Threat
The section cannot be invoked unless a genuine apprehension of death exists.
Excessive Force
The defender cannot use disproportionate force and then rely on Section 106.
Avoidable Risk
If safer alternatives existed, courts may reject the defence.
Retaliation Disguised as Self-Defence
The provision applies only during immediate danger and not after the threat has ended.
Defenses Available
Reasonable Apprehension of Death
The accused may show that the threat to life was genuine and immediate.
Necessity
The accused may establish that no safer option existed.
Unavoidable Risk
The accused may demonstrate that risk to innocent persons was unavoidable.
Good Faith
The accused may show that actions were taken solely for survival and protection.