IPC 39 and BNS 39 – Definition of Voluntarily in Criminal Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 39
Definition of “Voluntarily”
About IPC Section
Section 39 of the Indian Penal Code (IPC), 1860, defines the term “voluntarily” in criminal law. According to this section, 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 he knew or had reason to believe were likely to cause it. This definition emphasizes the importance of intention and knowledge in determining criminal responsibility.
The section ensures that criminal acts are judged not only by their outcomes but also by the mental state of the person committing them. For example, if a person strikes another with the intention of causing hurt, but death results, and the assailant knew that death was a likely consequence, then the act is treated as having been done voluntarily.
This provision is central to the concept of mens rea (guilty mind), which is a cornerstone of criminal jurisprudence. It helps distinguish between purely accidental acts and those carried out with foresight or intent. By clarifying when an act is voluntary, IPC 39 provides a foundation for assessing liability across a wide range of offences, ensuring fairness in criminal proceedings.
Section: BNS 39
Definition of “Voluntarily”
About BNS Section
Section 39 of the Bharatiya Nyaya Sanhita (BNS), 2023, also defines the expression “voluntarily” and retains the same essence as IPC 39. It explains that a person is said to cause an effect voluntarily when the effect is produced intentionally, or through means which he knows or has reason to believe are likely to cause such an effect.
This section continues to underline the role of intent and knowledge in attributing criminal liability. The importance of this definition lies in its application across various offences where the voluntariness of an act needs to be established before assigning guilt. For instance, if someone sets fire to property knowing that human lives are at risk, the law considers the consequences voluntary, regardless of whether the primary aim was property damage.
By preserving the same principle from the IPC, BNS 39 reflects continuity in Indian criminal law. It ensures that individuals cannot evade responsibility by claiming lack of direct intention when foreseeable consequences were apparent. Thus, BNS 39 reinforces the accountability of individuals for their actions while safeguarding the principle that knowledge and intent are equally important as outcomes in establishing criminal culpability.