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.
CHAPTER III GENERAL EXCEPTIONS · Of right of private defence
Section 39: When such right extends to causing any harm other than death
The Bharatiya Nyaya Sanhita, 2023
Corresponding IPC provision
As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table
Questions on this section
2 questions in 8 of our papers cite Section 39. Try these from the free papers:
1. Consider the following statements under the Bharatiya Nyaya Sanhita, 2023: 1. If the offence against the body is not of any of the descriptions in Section 38, the right of private defence of the body does not extend to causing death, but extends to causing any harm other than death. 2. If the offence against property is mischief not of any description in Section 41, the right of private defence of property does not extend to causing any harm at all to the wrong-doer. 3. The harm other than death permitted by Sections 39 and 42 is subject to the restrictions in Section 37. Which of the statements given above is/are correct?