Section 44

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 17 ____________________________________________________________ _____________________________________________________________ ___________________________________________________________ ________________________________________________________ _____________________________________________________________ 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