BNS Section 39: When such right extends to causing any harm other than death.

Amit Kapoor03 mins

When such right extends to causing any harm other than death

If the offence be not of any of the descriptions specfied 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.

Example 1 :
Rakesh is screaming at Vijay. Here, Vijay cannot use his right to private defence to kill Rakesh.
Example 2:
Rakesh punches Vijay. Here, Vijay can push him and stop him, but cannot kill him under right to private defence.

Key Points of BNS-39:

  1. Non-Lethal Force:
    • When the offense does not involve severe threats like life-threatening assaults, rape, kidnapping, or acid attacks (as defined in BNS-38), lethal force is not justified. The use of force must be limited to non-lethal harm.
  2. Permitted Harm:
    • While lethal force is prohibited, the defender can still use reasonable force to protect themselves. This harm may involve physical injury or incapacitation, but not to the extent of causing death.
  3. Restrictions of BNS-37 Apply:
    • All defensive actions must comply with the guidelines in BNS-37. This means:
      • The defender must act reasonably and only cause as much harm as necessary.
      • The right of private defence does not apply if the threat is minor or if there is no reasonable fear of grievous injury or death.

Definitions:

  • Non-lethal Harm: Harm that does not result in death but may involve injury or incapacitation.
  • Offences Not Listed in BNS-38: These are acts that do not pose an immediate threat of death or serious injury, such as minor assaults or other less severe offenses.

Conclusion:

BNS-39 emphasizes that in cases where the threat is not as severe as those described in BNS-38, the defender’s right to private defence is limited to using non-lethal force. This ensures the principle of proportionality in self-defence, allowing individuals to protect themselves while avoiding excessive harm.

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