Section 39 clarifies the limits of the right of private defence in situations where the offence does not fall under the serious categories listed in Section 38. While you cannot cause the death of the assailant in such cases, you may still defend yourself by causing any other form of harm, provided it is within the legal boundaries set in Section 37.
Key Provision:
- If the offence is not:
- Life-threatening,
- Involving grievous hurt,
- Or of a serious nature like rape, kidnapping, acid attack, etc. (as listed in Section 38),
then the defender cannot cause death of the attacker.
- However, the defender may use reasonable force to cause non-lethal harm to stop the offence.
- All actions must still adhere to the restrictions of Section 37, such as:
- No excessive force.
- No right to defend if state protection is available.
- No right against public servants acting in good faith.
Example:
- If someone slaps or pushes you during an argument, you cannot retaliate with deadly force.
- But you can defend yourself with proportionate physical response, such as pushing them away or restraining them, without intent to kill.
How It Protects:
- Promotes proportional response in self-defence.
- Prevents excessive violence or misuse of the private defence right.
- Encourages people to use reasonable and necessary force only.
