Section 39 BNS: When such right extends to causing any harm other than death
Bharatiya Nyaya Sanhita, 2023
Section 39 BNS at a Glance
Section 39 BNS deals with when such right extends to causing any harm other than death. It replaced Section 101 IPC on 1 July 2024.
None. Section 39 BNS creates no offence.
Section 39 BNS Bare Act Text
39. When such right extends to causing any harm other than death
If the offence be 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 to the assailant of any harm other than death.
Source: Section 39, Bharatiya Nyaya Sanhita, 2023
Section 39 BNS in Simple Words
Section 39 of the Bharatiya Nyaya Sanhita (BNS) states that when an offence is not of any of the descriptions specified in Section 38 BNS, the right of private defence of the body does not extend to voluntarily causing the assailant's death. It does extend, under the restrictions specified in Section 37 BNS, to voluntarily causing any harm other than death to the assailant.
Ingredients of Section 39 BNS
- The offence is not one of the descriptions listed in Section 38 BNS
- The right of private defence of the body is being exercised, within the restrictions in Section 37 BNS
- The harm caused to the assailant is any harm other than death
Punishment Under Section 39 BNS
None. Section 39 BNS creates no offence.
None.
Section 39 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 39 BNS
When Section 39 BNS Does Not Apply
- The assault is one of the seven kinds listed in Section 38 BNS, where the right can reach causing death
- The harm caused is the death of the assailant
- The restrictions in Section 37 BNS apply to the case
Section 39 BNS in the IPC (Previous Law)
Section 39 BNS replaces Section 101 IPC from the old criminal code.
Section 39 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 38 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.
View IPC Section 101 →FAQs on Section 39 BNS
When can I hurt someone in private defence but not kill them under Section 39 BNS?▼
Section 39 BNS applies when the attack is not of the kinds mentioned in Section 38 BNS. In that situation, your right of private defence of the body does not extend to voluntarily causing death, but it can extend to causing any harm short of death, subject to the restrictions in Section 37 BNS.
What has to be shown to claim protection under Section 39 BNS?▼
You would need to show that you were acting in private defence of the body and that the offence against you was not one of the descriptions specified in Section 38 BNS. You would also need to show that the harm caused was not death and that the act stayed within the restrictions mentioned in Section 37 BNS.
What punishment is given in Section 39 BNS?▼
Section 39 BNS does not itself prescribe any punishment. It only explains the extent of the right of private defence of the body in cases where causing death is not allowed.
How is Section 39 BNS different from Section 38 BNS?▼
The difference is about whether causing death can be covered by private defence. Section 39 BNS says that if the offence is not of the descriptions specified in Section 38 BNS, the right does not extend to voluntarily causing death, though it may extend to causing other harm under Section 37 BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·