Section 44 of the BNS acknowledges that in extreme situations of life-threatening assault, a person has the right to defend themselves, even if there’s a risk of harm to innocent persons - provided such harm is unintended and unavoidable.
Key Provision:
- When a person is under deadly assault, and:
- There is a reasonable apprehension of death.
- They cannot exercise their right of private defence effectively without also risking harm to an innocent person.
- Then, the right of private defence still holds, even if an innocent person may unintentionally get harmed in the process.
Illustration:
- A is attacked by a murderous mob.
- Among the mob are innocent children.
- A can only defend himself by firing at the mob, which might accidentally injure or kill some of the children.
- A does not commit any offence because his act was:
- Done in self-defence.
- The risk to innocents was unavoidable.
- His intention was not to harm the innocent, but to save himself.
How It Protects:
- Recognizes the right to life and self-preservation in chaotic, unpredictable situations.
- Provides legal protection when harm to innocents occurs as a byproduct of genuine self-defence.
- Encourages the use of reasonable judgement under extreme stress, while also acknowledging human limitations.