Right of private defence against deadly assault when there is risk of harm to innocent person
AI Assist
Summary
When someone uses private defence against an assault that reasonably causes fear of death, and they cannot defend themselves effectively except by risking harm to innocent people, their right of private defence includes taking that risk. Harm to innocents caused while reasonably defending against the deadly assault is not an offence.
Example
Ravi is attacked by a mob trying to kill him. He can only stop them by firing, but young children are mixed in the crowd. If he fires and any child is harmed, he will not have committed an offence provided his action was a reasonable defence against the threat to his life.
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.
Illustrations
(1) 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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