If 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 or 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.
IPC Section 106: Simplified Explanation
IPC Section 106 of the Indian Penal Code (IPC) deals with the right of private defence against deadly assault when there is a risk of harming an innocent person. It is a continuation of the principles laid out in Section 105, focusing specifically on navigating situations where exercising the right of private defence could inadvertently cause harm to someone not involved in the conflict.
Here’s a breakdown of what IPC Section 106 entails:
- Right to Harm the Aggressor: This section acknowledges that in defending oneself or one’s property, if there is no practicable way to exercise this right without risking harm to an innocent person, the defender is still entitled to defend themselves. However, the damage inflicted should be directed towards the aggressor, not the innocent person.
- Limitation of Liability: Essentially, Section 106 provides a degree of legal protection to individuals who, while exercising their right of private defence in a situation of unavoidable harm to an innocent person, choose the lesser harm. The law recognises that in critical situations, the primary objective is to stop the aggressor, even if this means that there is a collateral risk to others.
- Proportionality and Necessity: As with other provisions related to the right of private defence, the actions taken under Section 106 must be proportional to the threat faced and necessary to avert that threat. The force used should be the minimum required under the circumstances, with every effort to avoid harm to innocent people.
- Ethical Considerations: This section underscores a significant ethical consideration in exercising the right of private defence: balancing the defence of oneself or property against the potential for collateral damage. It recognises that, in rare instances, causing harm to the aggressor may be unavoidable to prevent more significant harm. Still, this decision must be made with careful consideration of the consequences.
- Application in Real Situations: Section 106’s application acknowledges real-life complexities. Defenders might find themselves in situations where their actions, though aimed at self-defence, could potentially harm others. This provision offers guidance on navigating these dilemmas, emphasising the need to minimise harm as much as possible, especially to those not involved in the aggression.
IPC Section 106 of the IPC provides a nuanced perspective on the right to private defence. It acknowledges the challenging decisions individuals may face in high-stakes situations. It emphasises a careful approach to self-defence, where the safety of innocent bystanders is a critical factor in determining the appropriate response to an attack.
