Right of private defence against deadly assault when there is risk of harm to innocent person
AI Assist
Summary
When someone faces an attack that reasonably causes fear of death, they may use private defence even if defending will risk harm to innocent persons. If there is no effective way to repel the deadly attack without creating that risk, the right extends to running the risk. Harm to innocents caused in that necessary defence is not an offence.
Example
Ravi is attacked by a mob trying to murder him. He can only stop the attackers by firing, but some young children are mingled with the crowd. If he fires and unintentionally harms any of the children, he does not commit an offence.
Bare Act
Enacted textIf 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.
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