Code: Exact Text of Section 39 BNS
Section 39 BNS
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.
Explanation of Section 39 BNS
1. When Can a Person Use Force Without Killing the Attacker?
Section 39 of BNS allows individuals to use reasonable force (but not cause death) in situations where:
- The attack does not create a risk of death or grievous injury.
- The harm is necessary to stop an ongoing crime.
- The force used is proportionate to the threat.
2. Difference Between Section 38 and Section 39 BNS
| Criteria | Section 38 (Deadly Force Allowed) | Section 39 (Non-Deadly Force Allowed) |
|---|---|---|
| Type of Crime | Murder, Rape, Kidnapping, Acid Attack | Theft, House Trespass, Unlawful Confinement |
| Threat Level | Life-threatening | Non-life-threatening |
| Force Allowed | Can cause death | Can cause harm other than death |
Illustrations
Example 1: Shopkeeper Stops a Thief
Scenario: A thief tries to steal goods from a store. The shopkeeper hits him with a stick to stop him.
Justified: The force used was reasonable and necessary.
Example 2: Homeowner Pushes Out Trespassers
Scenario: A drunk man enters a house illegally at night. The homeowner pushes him out, causing minor injuries.
Justified: The force was proportionate to the situation.
Example 3: Security Guard Stops a Violent Intruder
Scenario: A security guard stops a trespasser by grabbing him and throwing him out, injuring his arm.
Justified: The action was necessary to protect property.
Example 4: Citizen Defends Against Police Excess
Scenario: A policeman beats an innocent man without reason. The man pushes him away to protect himself.
Justified: A person has a right to self-defence against excessive force.
Common Questions and Answers on Section 39 BNS
1. Can I use a weapon to stop a thief?
You can use a weapon to injure, but not to kill, unless your life is in danger (Section 38 BNS applies in such cases).
2. What if I accidentally kill someone while trying to stop a minor crime?
If the crime did not justify deadly force, you may face legal consequences.
3. Can I hurt someone who slaps or pushes me?
Yes, but your response must be proportional. A minor push cannot justify serious harm.
4. Can I use force against public servants?
Only if they exceed their authority and you reasonably fear harm.
5. What if I cause serious injury in self-defence?
If the injury was necessary to prevent an unlawful act, it may be justified.
Conclusion
Section 39 BNS allows the use of reasonable force (excluding death) in self-defence and property protection. However, the force used must be proportionate and justifiable. Courts will examine the situation carefully to determine whether self-defence was appropriate.
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