Section 39 IPC: “Voluntarily”

Indian Penal Code, 1860

Section 39 IPC at a Glance

Section 39 IPC defines the term “Voluntarily”. From 1 July 2024 it is replaced by Section 2(33) BNS.

Punishment

None. Section 39 IPC creates no offence.

BNS Equivalent

Section 39 IPC Bare Act Text

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.

Source: Section 39, Indian Penal Code, 1860

Section 39 IPC in Simple Words

Section 39 of the Indian Penal Code (IPC) defines the word 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.

The illustration is about a man who sets fire at night to an inhabited house in a large town to facilitate a robbery and thus causes a death. He may not have intended the death and may even be sorry for it, but if he knew he was likely to cause death, he has caused death voluntarily.

The section creates no offence and sets no punishment. It fixes the meaning of a word used in other sections.

Ingredients of Section 39 IPC

An effect caused by the person
Caused by means whereby he intended to cause it
Or caused by means which, at the time of employing them, he knew or had reason to believe to be likely to cause it

Punishment Under Section 39 IPC

Imprisonment

None. Section 39 IPC creates no offence.

Fine

None.

Section 39 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 39 IPC

In 2020 in Kochi, Arvind threw a heavy stone at a shop window to break the glass, even though he saw Meera sitting right behind the pane. The stone shattered the window as Arvind intended, and flying glass cut Meera's cheek. Arvind did not wish to hurt Meera, but at the time of throwing the stone he knew and had reason to believe that those means were likely to injure her. Because he used means intended to break the glass and likely to injure Meera, Arvind caused both effects voluntarily within Section 39 IPC.

When Section 39 IPC Does Not Apply

Section 39 IPC does not apply when the resulting effect arises from an independent cause rather than the means employed by the person.
Section 39 IPC does not apply when the person neither intended to cause the effect nor knew or had reason to believe, when employing the means, that those means were likely to cause it.
Section 39 IPC does not apply to a death caused merely by a rash or negligent act without such intention, knowledge or reason to believe, which falls under Section 304A IPC.

Section 39 IPC in the BNS

Section 39 IPC is now covered under Section 2(33) BNS.

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.

View detailed comparison (IPC 39 vs BNS 2(33)) →

FAQs on Section 39 IPC

What does Section 39 IPC define?▼

The word voluntarily. A person causes 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.

Under Section 39 IPC, must a person intend the effect to cause it voluntarily?▼

No. Intending the effect is the first way. The second is using means which, at the time of employing them, he knew or had reason to believe to be likely to cause it.

What does the illustration to Section 39 IPC show?▼

A sets fire, by night, to an inhabited house in a large town, to facilitate a robbery, and thus causes a death. A may not have intended to cause death and may even be sorry, but if he knew he was likely to cause death, he has caused death voluntarily.

Does Section 39 IPC cover an effect from another cause, or from negligence?▼

No. If the person neither intended the effect nor knew or had reason to believe, at the time, that his means were likely to cause it, he has not caused it voluntarily. A death caused by a rash or negligent act is dealt with by Section 304A IPC.

Where is Section 39 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 2(33) BNS, with the same words and the same illustration.

Have questions about Section 39 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·