IPC 106 vs BNS 106
● Retained in BNSRight of private defense against assault with intention to commit culpable homicide
Section 106 of the Indian Penal Code, 1860, defines the right of private defense against an assault intended to commit culpable homicide. It provides individuals the legal authority to take necessary and proportionate measures, including potentially lethal force, to prevent imminent harm that may result in death.
Under IPC 106:
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The right applies when there is a reasonable apprehension that an assault may cause death,
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Defensive actions must be immediate, necessary, and proportionate,
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Causing harm to the aggressor is justified only to prevent death or grievous injury,
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The law allows protection of oneself and others in imminent danger.
For example, if an attacker attempts to strike someone with a weapon intending to cause fatal injury, the victim may use necessary force to neutralize the threat. However, any force beyond what is required may not be legally justified.
IPC 106 emphasizes proportionality, necessity, and immediacy, ensuring individuals can protect life while maintaining legal accountability. This section forms a key part of the framework governing self-defense in situations involving potential culpable homicide, balancing human life protection with legal limits on defensive actions.
Right of private defense against assault with intention to commit culpable homicide
Section 106 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 106, retaining the principle that individuals have the right to defend themselves or others from assault intended to commit culpable homicide.
Under BNS 106:
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The right applies when there is a reasonable apprehension of death or grievous harm,
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Defensive actions must be necessary, immediate, and proportionate,
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Harm to the aggressor is justified only when required to prevent death,
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The law ensures protection for oneself and others in imminent danger.
For instance, repelling an attack by someone intending to cause fatal injury with necessary force is protected under BNS 106. Excessive or unnecessary force is not legally justified.
By retaining IPC 106’s principles, BNS 106 ensures legal clarity for extreme self-defense scenarios, emphasizing necessity, proportionality, and protection of life, while safeguarding individuals from criminal liability when defending themselves or others against potential culpable homicide.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 106 to BNS BNS 106.