BNS Section 39

BNS section 39, within the context of the Bharatiya Nyaya Sanhita (BNS), outlines the extent of the right to private defense when it comes to causing harm to an assailant.

IPC Section 101

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

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