# Section 39 of BNS: Limiting Private Defence to Non-Lethal Harm When Death Is Not Justified

**URL:** <https://citizen.complainthub.org/t/section-39-of-bns-limiting-private-defence-to-non-lethal-harm-when-death-is-not-justified/21896>\
**Category:** Social and Economic Awareness\
**Tags:** bhartiyanyayasanhita, section39\
**Created:** [April 17, 2025, 5:40am UTC](https://citizen.complainthub.org/t/section-39-of-bns-limiting-private-defence-to-non-lethal-harm-when-death-is-not-justified/21896 "2025-04-17T05:40:18Z")\
**Posts on this page:** 1\
**Page:** 1

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**Author:** ![complainthub-team](https://citizen.complainthub.org/user_avatar/citizen.complainthub.org/complainthub-team/32/9584_2.png) [@complainthub-team](https://citizen.complainthub.org/u/complainthub-team)\
**Post date:** [April 17, 2025, 5:40am UTC](https://citizen.complainthub.org/t/section-39-of-bns-limiting-private-defence-to-non-lethal-harm-when-death-is-not-justified/21896/1 "2025-04-17T05:40:19Z")

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**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**.

 ![A hooded assailant brandishing a knife confronts a man who is defensively raising his hands. (Captioned by AI)](https://citizen.complainthub.org/uploads/default/original/2X/d/dbcd444d7a62661fc346ba386e35deed1209d1a0.jpeg)