Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐ Text of Section 39
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
โ๏ธ Explanation
Section 39 of the BNS, 2023 delineates the scope of the right to private defence of the body when the offence does not fall under the grave categories enumerated in Section 38. In such cases, while the defender is not permitted to cause death to the assailant, they are authorized to inflict harm short of death, provided the conditions specified in Section 37 are met.
This provision ensures that the response to an assault is proportionate to the threat faced, emphasizing the principle of reasonableness in the exercise of self-defence.
๐ Key Points
Proportionality: The harm inflicted must be proportionate to the threat encountered.)
Reasonable Apprehension: The defender must have a reasonable apprehension of danger to their body.
Conditions of Section 37: The restrictions specified in Section 37 must be adhered to, ensuring that the act of self-defence is justified.
๐งพ Corresponding IPC Section
Section 39 of the BNS, 2023 corresponds to Section 101 of the Indian Penal Code (IPC), 1860, which similarly addresses the right of private defence of the body when the offence does not fall under the grave categories specified in Section 100 of the IPC.
๐งช Example
Scenario: A person is confronted by an assailant wielding a knife, threatening to cause harm. In response, the defender strikes the assailant's arm, disarming them without causing fatal injury.
Analysis: The defender's action is justified under Section 39, as the response was proportionate to the threat and did not exceed the bounds of reasonable self-defence.
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