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Bharatiya Nyaya Sanhita, 2023

Section 39, BNS: When such right extends to causing any harm other than death

Pundora · Published 3 October 2026

Section 39 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.

What it replaces

BNS provisionIPC provisionRelation
Section 39Section 101corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.

The section

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nyaya Sanhita, 2023, section 39 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.