BNS · Bharatiya Nyaya Sanhita, 2023

Section 39 BNS

When such right extends to causing any harm other than death

Offence

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.

Punishment summary

  • Punishment may include death.
← Sec. 38 All sections Sec. 40 →

FAQ — Section 39 BNS

Section 39 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with “When such right extends to causing any harm other than death”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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.

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.