Section 39 Earlier IPC 101
When such right extends to causing any harm other than death
Chapter 3: General exceptions
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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 36Right of private defence against act of a person of unsound mind, etcIPC 98
- 37Acts against which there is no right of private defenceIPC 99
- 38When right of private defence of body extends to causing deathIPC 100
- 40Commencement and continuance of right of private defence of bodyIPC 102
- 41When right of private defence of property extends to causing deathIPC 103
- 42When such right extends to causing any harm other than deathIPC 104