IPC 39→BNS 2(33)

IPC 39 to BNS 2(33): “Voluntarily”

Section 39 IPC (1860) replaced by Section 2(33) BNS (2023)

View IPC Section 39 →View BNS Section 2(33) →

IPC 39 to BNS 2(33) at a Glance

Section 39 IPC (“Voluntarily”) is now Section 2(33) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 39 to BNS 2(33)?

Section 2(33) BNS carries the definition and its illustration in the same words. It is now clause 33 of the definitions section, with the word printed in lower case, in place of a section of its own.

IPC 39 vs BNS 2(33): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section392(33)
Offence“Voluntarily”Same
PunishmentNone. Section 39 IPC creates no offence.None. Section 2(33) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 39 and BNS 2(33): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 39, IPC 1860

39. “Voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
BNS 2023 (in force)

Section 2(33), BNS 2023

(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration. A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;

Ingredients: IPC 39 vs BNS 2(33)

Under IPC 39
  1. An effect caused by the person
  2. Caused by means whereby he intended to cause it
  3. Or caused by means which, at the time of employing them, he knew or had reason to believe to be likely to cause it
Under BNS 2(33)
  1. An effect caused by the person
  2. Caused by means whereby he intended to cause it
  3. Or caused by means which, at the time of employing them, he knew or had reason to believe to be likely to cause it

What IPC 39 to BNS 2(33) Means for Pending Cases

For Section 39 IPC (now Section 2(33) BNS): nothing turns on the move. The test of intention, or of knowledge or reason to believe, is the same under both Codes.

FAQs: IPC 39 to BNS 2(33)

Did the definition of voluntarily change when Section 39 IPC became Section 2(33) BNS?▼

No. Section 2(33) BNS carries it word for word, with the same illustration.

Where does Section 39 IPC sit in the BNS?▼

In Section 2 BNS, the definitions section, as clause 33, headed voluntarily.

Does Section 39 IPC or Section 2(33) BNS apply to an act done before 1 July 2024?▼

Section 39 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 39 IPC. Section 2(33) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·