"Voluntarily"
Section 39 of the Indian Penal Code, 1860 deals with "Voluntarily". A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
Section 39, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 70%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bheru Lal vs State of Rajasthan
Court's Decision & Legal Precedent
When an eyewitness witness is interested and has exaggerated parts of their account, the evidence cannot be wholesale rejected if there is a ring of truth to the core version. The appreciation of evidence requires courts to carefully separate the chaff from the grain. Provided the court of facts recognizes the interested nature of the witness, the exaggerations can be disregarded while accepting the truthful core. Additionally, when injuries on an accused are simple and minor in nature (not serious or severe), the prosecution has no obligation under law to explain such injuries, and the witness's failure to mention minor injuries does not undermine the credibility of the entire prosecution narrative, particularly when the witness had limited opportunity to observe such minor wounds and was focused on the main events.
On this section: Right of private defence - defence against unlawful aggression to body or property
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 39
What have the courts held on Section 39 of the Indian Penal Code?
Bheru Lal vs State of Rajasthan (10 Aug 2009) is the leading judgment on this section among those set out below: Right of private defence - defence against unlawful aggression to body or property.
How do I find court cases under Section 39 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 39, section 39 IPC, section 39 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bheru Lal vs State of Rajasthan (10 Aug 2009).
What should I read with Section 39 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 39 of the Indian Penal Code come into force?
Section 39 of the Indian Penal Code, cited as IPC 39, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.