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

Section 39 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It specifies that if the offence does not fall under the grave categories outlined in Section 38, an individual may exercise their right of private defence to cause harm short of death to the assailant. This right is subject to the restrictions detailed in Section 37, ensuring the defence is reasonable and proportionate to the threat faced.

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 Section 39 (Bharatiya Nyaya Sanhita, 2023)

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.

Disclaimer

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 39

BNS-39 outlines the restrictions on the right of private defence when the assailant's actions do not meet the extreme conditions specified in BNS-38. In such cases, the use of force is limited to non-lethal harm.

Key Provisions of BNS-39

Non-Lethal Force Only

If the offence does not involve severe circumstances like life-threatening assaults, rape, kidnapping, or acid attacks as outlined in BNS-38, the defender is not permitted to cause death to the assailant

Force used in self-defence must be limited to causing non-lethal harm.

Permissible Harm

While lethal force is prohibited, the defender may cause harm necessary to protect themselves, such as inflicting physical injury, provided it does not result in death

Compliance with BNS-37

Defensive actions must adhere to the restrictions specified in BNS-37, including:

Acting reasonably and ensuring harm caused is proportional to the threat

Avoiding the use of private defence in minor threats or situations that do not create a reasonable fear of grievous harm or death.

Differences Between Section 39 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 39 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC Section 101), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law:

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
39	When such right extends to causing any harm other than death.	101	No change.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business
Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take
Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation
Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs About Section 39 of the Bharatiya Nyaya Sanhita (BNS)

What is the purpose of Section 39 of the Bharatiya Nyaya Sanhita ?

Section 39 outlines the circumstances under which a person is not considered to have committed an offense due to their inability to understand or control their actions because of specific factors like mental incapacity or duress.

Who benefits from the provisions of Section 39?

Individuals who are unable to understand the nature of their actions or are compelled to act under extreme circumstances, such as threats or coercion, can benefit from this section.

Does Section 39 provide a complete defence to criminal liability?

Yes, if the conditions specified under Section 39 are met, the individual may not be held criminally liable for their actions.

How does Section 39 differ from general defences in criminal law?

Section 39 is specific to situations involving lack of understanding or control, whereas general defences can include a broader range of justifications, such as self-defence or necessity.

Does Section 39 apply to minors?

Yes, section 39 can apply to minors if they meet the conditions, but typically, minors fall under separate provisions regarding culpability.