Criminal LawSection 44, Bharatiya Nyaya Sanhita, 2023

BNS Section 44

Can I defend myself even if it might harm a child nearby?

Short answer

Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.

In detail

Section 44 of the Bharatiya Nyaya Sanhita, 2023 says that when you are faced with an attack that makes you reasonably fear death, you may act in self‑defence even if your actions could endanger an innocent by‑stander. The statute recognises that sometimes the only way to protect yourself is to use force that might also affect others nearby, such as firing a weapon into a crowd that includes children. In such cases, the law does not treat you as having committed an offence for any injury caused to those innocent persons. The right to protect your own life therefore extends to the risk of harming others, provided the original threat is a serious, life‑threatening assault.

Reviewed by LegalX Editorial · 3 September 2026View source

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