Section 106 IPC: Private Defence Against Deadly Assault Where an Innocent Person May Be Harmed
Section 106 of the Indian Penal Code, 1860 addressed an exceptional situation in the law of private defence: a person faces an assault reasonably creating apprehension of death and cannot effectively exercise the right of private defence without running a risk of harm to an innocent person.
Text and Meaning of Section 106 IPC
If, while exercising the right of private defence against an assault that reasonably causes apprehension of death, the defender is so situated that the right cannot be effectively exercised without risk of harm to an innocent person, the right of private defence extends to the running of that risk.
Section 106 dealt with the risk created by an unavoidable defensive situation. Its language required more than an ordinary threat. The assault had to reasonably create an apprehension of death, and the defender had to be in circumstances where effective exercise of private defence could not be achieved without exposing an innocent person to risk.
Essential Conditions Under Section 106 IPC
- There must be an assault. The provision operates in the context of private defence against an assault.
- The assault must reasonably cause apprehension of death. The statutory threshold is a reasonable apprehension of death, not merely inconvenience or a minor threat.
- Effective defence must create an unavoidable risk. The defender must be situated so that the right cannot be effectually exercised without risk of harm to an innocent person.
- The section extends to running the risk. It recognizes that the right of private defence extends to taking that unavoidable risk in the circumstances described by the provision.
Illustration Given With Section 106 IPC
Illustration: A is attacked by a mob attempting to murder him. He cannot effectively exercise his right of private defence without firing on the mob, and he cannot fire without risking harm to young children mingled with the mob. The statutory illustration states that A commits no offence if, by so firing, he harms any of the children.
The illustration demonstrates the narrow factual setting contemplated by Section 106: the defender is confronted with a deadly assault and has no effective means of exercising the right without exposing innocent persons to risk.
Reasonable Apprehension of Death
The phrase reasonably causes the apprehension of death is central to Section 106. The provision does not apply merely because the defender subjectively fears harm. The circumstances must support a reasonable apprehension of death from the assault.
Relationship With Sections 96 to 102 IPC
Section 96 IPC stated the general principle that nothing is an offence which is done in the exercise of the right of private defence. Section 97 IPC recognized the right of private defence of the body and property, while Section 99 IPC imposed restrictions on that right.
Section 100 IPC specified circumstances in which private defence of the body could extend to voluntarily causing death. Section 101 IPC dealt with cases where the right extended only to harm other than death, and Section 102 IPC governed commencement and continuance of private defence of the body. Section 106 addressed the additional exceptional problem of unavoidable risk to an innocent person during defence against a deadly assault.
Section 106 Does Not Create a General Licence to Harm Others
The provision should be read according to its express conditions. It concerns a defender facing an assault reasonably causing apprehension of death who cannot effectively exercise private defence without risk to an innocent person. It does not convert every exercise of private defence into authority to expose bystanders to danger.