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DVery well covered actually.
Section. 44 Right of private defence against deadly assault when there is risk of harm to innocent person. Previously, IPC Section 106
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.
Read more at: https://devgan.in/bns/section/44/
DI have heard of cases where people with licensed fire arms had shot and killed one of the members of the burglars that that attacked their house and still weren’t able to invoke self defence sections of then IPC.The interpretation of the law and application to the context is really vague in our system.
DBNS section 34Nothing is an offence which is done in the exercise of the right of private defence.
Section 35
Every person has a right, subject to the restrictions contained in section 37, to defend:
his own body, and the body of any other person, against any offence affecting the human body;
the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
BNS section 36
When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the mental illness or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
BNS SECTION 37
Acts against which there is no right of private defence.DescriptionIPC Section 99
There is no right of private defence,
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law;
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law;
in cases in which there is time to have recourse to the protection of the public authorities.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Read through BNS sections 34-44
