What is Section 106 IPC? Right of private defence against deadly assault when there is risk of harm to innocent person
Published on: Lawiz Team
Detailed explanation of Section 106 IPC: Right of private defence against deadly assault when there is risk of harm to innocent person.
Official Legal Text
If in exercise of the right of private defence, the defender cannot avoid harm to an innocent person, the right still exists.
What This IPC Section Means – Explained in Simple Words
Section 106 allows a person to defend themselves against a deadly attack, even if it may accidentally harm an innocent person.
Purpose
To protect the right of self-defense, even when there is a risk of harm to an innocent person.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment for causing harm to an innocent person while defending against a deadly assault, if such harm is unavoidable.
Scope and Application
Applies when facing a deadly assault and the risk of harming an innocent person is unavoidable.
Important Legal Points
Protection is given only if the harm to the innocent person is not intentional.
Illustrative Example
A person defending themselves from an armed attacker may accidentally harm a bystander.
Exceptions and Special Cases
Does not protect actions done with the intention to harm an innocent person.
Conclusion
Recognizes self-defense even with the risk of unintentional harm to others.
FAQs
What does Section 106 IPC define?
Right of private defence against deadly assault when there is risk of harm to innocent person.
Where is Section 106 IPC commonly applied?
In cases involving right of private defence against deadly assault when there is risk of harm to innocent person situations.
Why is Section 106 IPC significant?
It provides clarity in handling cases under Indian Penal Code.
Can you provide a real-world example of Section 106 IPC?
Real-world cases involving right of private defence against deadly assault when there is risk of harm to innocent person often refer to this section.
Does Section 106 IPC mention any exceptions?
Yes, it should be interpreted in conjunction with other IPC provisions.
Is Section 106 IPC linked to any other IPC sections?
Yes, it complements several provisions related to criminal defenses or abetment.
How have courts interpreted Section 106 IPC?
Courts interpret based on statutory meaning and factual case situations.