Introduction of BNS 39
BNS 39 has replaced the Indian Penal Code (IPC), 1860, introducing updated provisions to align criminal law with modern needs. Many IPC sections have been restructured, renumbered, or refined under the new BNS framework.
In this article, we compare BNS Section 35 with its corresponding IPC Section 97, highlighting key differences in scope, punishment, and procedural aspects. The comparison table provided below is fully mobile-friendly, ensuring a smooth and clear reading experience across all devices.
The Bharatiya Nyaya Sanhita (BNS) Section 39 replaces the old Indian Penal Code (IPC) Section 101.
What is section 39 of BNS ?
BNS Section 39 is about protecting yourself when someone attacks you. It says you can hurt the attacker to stay safe, but you can’t kill them unless it’s a really dangerous situation. This law helps make sure you only use as much force as you need to stop the attack. It tries to balance keeping you safe with not causing more harm than necessary.
Bharatiya Nyaya Sanhita Section 39
Whoever, in exercise of the right of private defence, causes any harm to the assailant other than death, does not commit an offence, so long as the harm is necessary to repel the attack and proportionate to the threat.
(This provision corresponds to IPC Section 101, now updated under BNS 2023.)
1. Meaning of Section 39
BNS Section 39 explains the limits of the right of private defence. It grants individuals the power to cause harm to another person while defending themselves or others, but this harm must not extend to killing the attacker unless extremely serious conditions apply (covered in Sections 35–38). The section makes it clear that ordinary assaults or threats do not justify the use of deadly force. It ensures that while people may act to protect themselves, they must stay within reasonable boundaries.
2. Purpose of Section 39
The purpose of Section 39 is to strike a balance between self-protection and misuse of force. It acknowledges that individuals must have the freedom to defend themselves, but also places limits so that the law is not used as a shield for unnecessary violence. This section prevents minor quarrels or small assaults from escalating into fatal outcomes under the excuse of private defence. Essentially, it promotes proportional justice by allowing harm for safety but prohibiting excessive retaliation.
3. Essential Ingredients of Section 39
To claim protection under BNS Section 39, certain conditions must be met:
- The act must be done in exercise of the right of private defence.
- The harm caused must be necessary to stop the attack.
- The harm should not result in death, unless covered under Section 38.
- The act must be reasonable and proportionate to the danger faced.
- The defender must act in good faith, with no intention to cause unnecessary injury.
If these essentials are not satisfied, the act may fall outside the lawful right of private defence.
4. Punishment under BNS Section 39
If a person acts within the boundaries of Section 39, no criminal liability arises. The law protects individuals who cause non-lethal harm in genuine self-defence. However, if the defender exceeds the limits—for example, using deadly weapons in a minor scuffle—they may face criminal charges under other provisions of the BNS. While no punishment applies when the law is followed, excessive or disproportionate force may still lead to prosecution. Civil liability (such as damages) may also arise if the defender’s actions cause unnecessary injury to another person.
5. Examples of BNS Section 39 in Action
- Example 1 – Minor Assault: If someone punches you in a quarrel, you can push or hit back to protect yourself. But stabbing the attacker would not be justified under Section 39.
- Example 2 – Theft Attempt: If a person tries to snatch your phone, you can restrain or push them away. Causing their death in such a case would exceed the right of defence.
- Example 3 – Protecting Others: If you see someone being slapped in public, you may intervene and restrain the attacker, but cannot cause serious injury or death unless the assault is extremely grave.
6. Importance of BNS Section 39
Section 39 is crucial because it defines the boundary of lawful private defence. It ensures that people have the confidence to defend themselves without fear of punishment, but at the same time prevents misuse of the law as an excuse for excessive violence. By limiting the right of private defence to non-lethal harm in ordinary situations, it maintains a balance between personal liberty and social order. This provision continues the principles of IPC Section 101, but in a clearer and modernized form under BNS 2023.
Section 39 BNS Overview
BNSS Section 39 ensures that while people have the right to defend themselves and others, they cannot go beyond what is necessary. The law allows you to hurt or injure an attacker if needed, but it does not allow you to cause death unless the threat is very serious. This balances self-protection with responsibility, making sure that defensive actions do not turn into unnecessary violence.
BNS Section 39: 10 Key Points
1. Right to Defend Yourself
Section 39 grants every individual the right to defend themselves if they are attacked. This is a natural right supported by law. You do not have to stay passive when someone harms you.
Example: If someone punches you in a fight, you can push or strike back to protect yourself.
2. No Killing Unless Serious
Killing is not allowed in ordinary attacks. Deadly force is reserved only for extreme cases covered in Sections 35 and 38 (like fear of death, rape, kidnapping, etc.). For smaller threats, you cannot kill the attacker.
Example: If someone slaps you, you cannot stab them and claim self-defense.
3. Harm is Permitted
You are allowed to cause physical harm to the attacker to protect yourself, but only to the extent needed. Minor injuries are permissible if they stop the attack.
Example: If someone grabs you aggressively, you can hit them to break free.
4. Serious Crimes Only Justify Death
If the attacker’s act is not a grave crime, then causing death is not justified. Lesser attacks should be met with lesser defensive actions.
Example: If a person pushes you during an argument, you may defend yourself but cannot kill them.
5. Follow the Law
The right of private defense is not unlimited. You must act within the boundaries of law, using force only as permitted. Going beyond these limits could make you legally liable.
Example: If you injure someone more than necessary, the court may hold you responsible.
6. Use Only Necessary Force
The law requires that you use only the force needed to stop the attacker, nothing extra. The goal is to stop harm, not to take revenge.
Example: If someone tries to steal your wallet, pushing them away is justified, but stabbing them is not.
7. Examples of Harm
Defensive harm can include pushing, holding, striking, or restraining the attacker. These actions are acceptable if they are proportional to the attack.
Example: If someone tries to snatch your phone, you can wrestle it back or push them away.
8. Protecting Others
The right of private defense also applies when you step in to protect another person. However, the same limits apply—you cannot cause death unless the attack is extremely dangerous.
Example: If you see someone being slapped or harassed, you may push the attacker away but not fatally injure them.
9. Legal Protection
If you act within the limits of Section 39, the law protects you. You will not face criminal charges for injuring someone while defending yourself or others.
Example: If you hit someone to stop them from assaulting you, you are legally safe as long as you did not go too far.
10. No Unnecessary Harm
You should never cause more harm than necessary. Once the threat has been stopped, you cannot continue harming the attacker. Self-defense is only for protection, not retaliation.
Example: If an attacker runs away after hitting you, chasing them down and injuring them further would not be considered self-defense.
Difference between BNS Section 39 vs IPC Section 101
| Section | Offence / Provision | Punishment / Liability | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 39 | Right of private defence of the body when the attack does not fall under grave categories (like death, rape, grievous hurt, kidnapping). Harm short of death may be caused to stop the attacker. | No specific punishment if action remains within limits of private defence. Excessive force beyond necessity may attract liability. | Generally Bailable (since it is an exception, not a punishable offence in itself). | Non-Cognizable when properly exercised (but excessive harm can make it Cognizable). | Tried by Regular Criminal Courts depending on the gravity of excess force, if any. |
| IPC Section 101 (Old) | Similar to BNS — right of private defence extends to causing harm other than death, except when the attack is of the serious nature listed in Section 100. | No liability if force used is reasonable and within Section 99 restrictions. Excessive harm can lead to prosecution. | Bailable (since exercising the right itself is lawful). | Non-Cognizable unless excessive force converts the act into a punishable offence. | Tried by Regular Criminal Courts under IPC framework. |
BNS Section 39 FAQs
What does BNS Section 39 talk about?
It talks about the right to protect yourself by causing harm to an attacker, but not killing them unless the attack is very serious.
Can I kill someone if they attack me?
No, you can only cause harm to protect yourself unless the attack is one of the very serious crimes mentioned in another section.
What kind of harm can I cause?
You can hurt the attacker to stop them, but you should not do anything that could cause their death.
Are there any rules I need to follow when defending myself?
Yes, you need to follow the rules given in Section 37, which tell you how much force you can use.
Will I be punished if I hurt someone in self-defense?
You will not be punished if you stay within the legal limits and do not use excessive force.
Conclusion
BNS Section 39 ensures that people can defend themselves from attackers by causing harm, but not death, unless the offence is extremely serious. This section maintains a balance between protection and responsibility—allowing defenders to act boldly but within legal boundaries. By limiting the use of deadly force, the law prevents unnecessary violence and encourages proportionate self-defense.
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Finished with BNS Section 39 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..
BNS 40 : Commencement and continuance of the right of private defence of the body
https://marriagesolution.in/bns_section/bns-40/
BNS 41 : When the right of private defence of property extends to causing death
https://marriagesolution.in/bns_section/bns-41/
BNS 42 : When such right extends to causing any harm other than death
https://marriagesolution.in/bns_section/bns-42/
BNS 43 : Commencement and continuance of the right of private defence of property
https://marriagesolution.in/bns_section/bns-43/
BNS 44 : Right of private defence against deadly assault when there is risk of harm to innocent person
https://marriagesolution.in/bns_section/bns-44/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list