Skip to content
In force2021 Revised Edition
Contents

Chapter IV · General Exceptions

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 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.

58

Penal Code

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.

Report

Chapter V

Abetment

Chapter VI

Chapter VII

Offences Relating to Army, Navy, Air Force and Police

Chapter VIII

Offences Against Public Tranquillity

Chapter IX

Chapter X

Contempts of Lawful Authority of Public Servants

Chapter XI

False Evidence and Offences Against Public Justice

Chapter

Offences Relating to Coin and Government Stamps

Chapter

Offences Relating to Weights and Measures

Chapter XIV

Offences Affecting Public Health, Safety, Convenience, Decency and Morals

Chapter XV

Offences Relating to Religion

Chapter XVI

Chapter XVII

Chapter XVIII

Offences Relating to Documents, False Documents and Currency Notes and Bank Notes

Chapter XIX

Criminal Breach of Contracts of Service

Chapter XX

Offences Relating to Marriage

Chapter XXI

Defamation

Chapter XXII

Criminal Intimidation, Insult and Annoyance

Chapter XXIII

Attempts to Commit Offences