Section 106 of the Indian Penal Code (IPC) - Right of Private Defense Against Act of Deadly Harm

Definition:

Section 106 of the Indian Penal Code (IPC) extends the right of private defense to situations where an individual is defending themselves or others from an act that could cause deadly harm. It provides a defense for individuals who use force that results in death if they were acting in reasonable self-defense. The section clarifies that if the threat posed is so serious that it could lead to death or grievous harm, an individual is justified in using force, even to the point of killing the aggressor.

Real-Life Example:

If a person is attacked with a deadly weapon (e.g., a gun or knife), they may use lethal force in self-defense if they believe that the attacker poses an imminent threat to their life. A real-world example might involve a home invasion where the homeowner uses a firearm to protect themselves against armed intruders.

When Does a Client Need a Criminal Lawyer?

If a client is accused of causing death or serious injury during a self-defense situation, a criminal advocate in Delhi can assist in demonstrating that the force used was in accordance with Section 106, justifying the use of deadly force in response to a grave threat.

Punishment:

If the right of private defense is proven under Section 106, the accused is not guilty of any crime. However, if the defense is unsuccessful and the force used was deemed excessive, the accused may be charged with manslaughter or murder, depending on the circumstances.