Section 44: If in the exercise of the right of private defence against an assault which reasonably
defence against
causes the apprehension of death, the defender be so situated that he cannot effectually
deadly assault
when there is
risk of harm to
innocent person.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
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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.
CHAPTER IV
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
of abetment