When such right extends to causing any harm other than death
What this section does
Where the offence being defended against does not fall within the categories listed in section 38, the right of private defence of the body does not extend to causing death but does permit causing any other harm to the assailant. The restrictions in section 37 continue to apply.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.101.
Read the official text
For the binding statutory text of BNS Section 39, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 39 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.