Section Overview
Section Number
39
Section Title
Voluntarily
Act
Bharatiya Nyaya Sanhita, 2023 (BNS)
Status
Active
Applicability
Applicable throughout India wherever the Bharatiya Nyaya Sanhita, 2023 is in force.
BNS Section 39 provides the legal meaning of the word "voluntarily." This definition is foundational because many offences under criminal law require proof that an act was committed voluntarily.
The section establishes that a person acts voluntarily not only when he directly intends a consequence but also when he knows or has reason to believe that his actions are likely to produce that consequence.
This provision helps courts determine criminal responsibility by examining the accused person's intention, knowledge, and awareness of likely consequences.
BNS Section 39 substantially corresponds to Section 39 of the Indian Penal Code, 1860.
Section Explanation
Simple Explanation (Plain English / Hinglish)
BNS Section 39 batata hai ki kisi vyakti ne koi kaam "voluntarily" kiya hai ya nahi.
Agar kisi vyakti ne:
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Kisi result ko paida karne ka intention rakha ho, ya
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Use pata ho ya believe karne ka reason ho ki uska act us result ko paida kar sakta hai,
to law use voluntary act maanega.
Simple shabdon mein, agar aap jaan-boojhkar ya consequences ko samajhte hue koi kaam karte hain, to aapne woh act voluntarily kiya hai.
Legal Definition (Original Law Text)
The section provides in substance:
"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."
Practical Interpretation
Courts generally examine:
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Intention of the accused.
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Knowledge of likely consequences.
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Circumstances surrounding the act.
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Whether the result was foreseeable.
Even if a person did not specifically desire the final result, liability may arise if he knew the result was likely to occur.
Essential Ingredients of BNS Section 39
Intention
The person intended the consequence.
Knowledge
The person knew the consequence was likely.
Reason to Believe
The circumstances gave sufficient reason to anticipate the consequence.
Causal Connection
The accused's act must cause the result.
Importance of Voluntary Conduct
Criminal law generally punishes voluntary conduct rather than accidental events.
Therefore, determining whether an act was voluntary is often the first step in establishing criminal liability.
Difference Between Intention and Knowledge
Intention
The accused desires a particular outcome.
Example:
A shoots B with the objective of killing him.
Knowledge
The accused may not desire the outcome but knows it is likely.
Example:
A throws a heavy object into a crowded street knowing injury is likely.
Both situations may constitute voluntary conduct.
Punishment & Legal Classification
Punishment
BNS Section 39 does not prescribe any punishment.
It merely defines the legal meaning of the word "voluntarily."
Bailable / Non-Bailable
Not applicable independently.
Depends on the substantive offence.
Cognizable / Non-Cognizable
Depends on the substantive offence.
Compoundable
Depends on the substantive offence.
Triable By
Depends on the substantive offence.
Since Section 39 is a definition clause, procedural classification is determined by the offence in which the concept of voluntary conduct is applied.
IPC ↔ BNS Mapping
IPC Section
Section 39 IPC
BNS Equivalent
Section 39 BNS
Status
Replaced with substantially identical provision.
The legal meaning remains largely unchanged under the Bharatiya Nyaya Sanhita, 2023.
Judicial precedents interpreting IPC Section 39 continue to be highly relevant.
Real-Life Examples
Example 1
A intentionally punches B during a fight.
The injury caused is voluntary because A intended the act and its likely consequence.
Example 2
A throws a stone into a crowd.
Although A may not target a specific person, he knows injury is likely.
The resulting harm is considered voluntary.
Example 3
A sets fire to a building knowing people are inside.
Even if A claims he only wanted to damage property, injury or death may be treated as voluntarily caused because such consequences were foreseeable.
Additional Practical Examples
Road Rage Incident
A deliberately drives toward another vehicle.
Dangerous Fireworks
A ignites explosives in a crowded area.
Illegal Construction
A knowingly ignores safety measures likely to cause injury.
Industrial Negligence with Knowledge
A supervisor continues dangerous operations despite knowing the risks.
Landmark Judgments
Case Name
Virsa Singh v. State of Punjab
Court
Supreme Court of India
Key Takeaway
Intention and knowledge are critical in determining criminal responsibility.
Case Name
State of Andhra Pradesh v. Rayavarapu Punnayya
Court
Supreme Court of India
Key Takeaway
The distinction between intention and knowledge is essential in criminal law.
Case Name
Basdev v. State of Pepsu
Court
Supreme Court of India
Key Takeaway
Knowledge of likely consequences may establish criminal liability even where specific intention is disputed.
Legal Insights
When is this Section Applied?
Section 39 is frequently applied in:
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Murder cases.
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Culpable homicide cases.
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Hurt and grievous hurt offences.
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Assault matters.
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Property offences.
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Arson cases.
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Public safety offences.
Common Misuse Scenarios
Confusing Accident with Voluntary Conduct
Not every harmful result is voluntary.
Ignoring Knowledge Element
Courts must assess whether the accused knew the likely consequences.
Overlooking Circumstantial Evidence
Intent and knowledge are often inferred from conduct.
Presuming Liability Automatically
The prosecution must prove voluntary action.
Defenses Available
Accident
The act occurred unintentionally.
Lack of Knowledge
The accused could not reasonably foresee the consequence.
Absence of Intention
The accused did not intend the result.
Intervening Cause
The result occurred because of an unrelated event.
Mistaken Identity
The accused did not commit the act.
Importance of BNS Section 39
Section 39 forms the foundation of criminal responsibility.
Its importance lies in:
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Determining mental state.
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Distinguishing intentional conduct from accidents.
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Establishing criminal liability.
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Guiding interpretation of numerous offences.
Many serious offences cannot be understood properly without applying the concept of voluntary action.
Modern Relevance
Modern criminal investigations often involve complex factual situations.
Examples include:
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Cyber offences.
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Financial frauds.
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Corporate crimes.
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Industrial accidents.
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Environmental violations.
Courts frequently rely on Section 39 to determine whether harmful consequences were caused voluntarily through intentional or knowledgeable conduct.
The provision continues to be one of the most important interpretative sections in Indian criminal law.
Relationship with Mens Rea
The concept of "voluntarily" is closely connected to mens rea, the guilty mind.
Mens rea includes:
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Intention.
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Knowledge.
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Recklessness in certain contexts.
Section 39 helps courts determine whether the required mental element exists for criminal liability.