BNS Section 39: When Such Right Extends to Causing Any Harm Other Than Death

Definition of Section 39 of BNS

Section 39 of BNS 2023 States: If the offence is not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing the assailant any harm other than death.

Explanation and Illustration of BNS Section 39

Section 39 limits the right of private defence when the offence does not meet the criteria specified in Section 38. In such cases, while the defender can cause harm to the assailant to protect themselves, they are not justified in causing death. This provision ensures proportionality between the defence and the threat posed.

Here are some examples:

Scenario:
A person is slapped and verbally threatened by an aggressor during a heated argument. The defender, in retaliation, punches the aggressor, causing injury.

In this situation:

• The defender is allowed to protect themselves by causing harm (e.g., punches or restraint).
• However, if the defender uses excessive force and causes the aggressor’s death, it would exceed the limits of the right of private defence under Section 39.

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