Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines the extent of the right to private defence of the body when the offence does not fall under the categories specified in Section 38. It states that in such cases, the right of private defence does not extend to the voluntary causing of death to the assailant. However, it does extend, under the restrictions specified in Section 37, to the voluntary causing to the assailant of any harm other than death.
This provision ensures that individuals exercising their right to private defence do so within reasonable limits, preventing excessive use of force that could lead to unintended fatal consequences. The corresponding provision in the Indian Penal Code (IPC) is Section 101.
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