If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, 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.
Section history
Section 106 — When such right extends to causing any harm other than death
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Section 106 — Original text to 1 January 2020superseded
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.
[Indian PC 1860, s. 106]
Section 106 — From 1 January 2020 (current)rewritten (not yet redlined) — Criminal Law Reform Act 2019
If the offence, the committing or the attempt to commit of which occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions mentioned in section 105, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in sections 98 and 106A, to the voluntary causing to the wrongdoer of any harm other than death.