Indian Penal Code, 1860 · Section 39

IPC 39 in BNS: Section 2(33)

Section 39 of the Indian Penal Code, 1860 corresponds to Section 2(33) of the Bharatiya Nyaya Sanhita, 2023. IPC 39 deals with “Voluntarily”. BNS 2 brings it together with IPC 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52 and 52A. BNS 2(3) and BNS 2(39) are new, with no IPC counterpart. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC.

Indian Penal Code

IPC 39 is now BNS 2(33).

“Voluntarily” · BNS 2 brings it together with IPC 8, 9, 10, 11, 12, 17, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52 and 52A. BNS 2(3) and BNS 2(39) are new, with no IPC counterpart.

Merged
Old wording kept in full
Old · IPC 1860 · Ch. II
s. 39
“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.
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.
Text from the official India Code PDF
New · BNS 2023 · Ch. I
s. 2(33)of section 2
Definitions.
(33) "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.
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;.
Text from India Code
Also in BNS 2

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