39. 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.
BNS Section 39: When such right extends to causing any harm other than death
Section 39 of the Bharatiya Nyaya Sanhita, 2023 deals with when such right extends to causing any harm other than death. It replaces IPC 101 of the Indian Penal Code, 1860.
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Text of BNS Section 39
IPC sections replaced
- IPC 101: When such right extends to causing any harm other than death
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