Section 39 of BNS : Section 39: When such right extends to causing any harm other than death.

BNS

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Explanation using Example

Example 1:

Ravi is walking home late at night when he is suddenly attacked by a group of men who try to rob him. Ravi fights back to defend himself. In the process, he punches one of the attackers, causing a broken nose and a few bruises. According to Section 39 of the Bharatiya Nyaya Sanhita 2023, Ravi's actions are justified as he is exercising his right to private defence. However, if Ravi had used excessive force that resulted in the death of one of the attackers, his actions would not be protected under this section.

Example 2:

Meera is at home when she hears someone breaking into her house. She finds a burglar in her living room who threatens her with a knife. In an attempt to protect herself, Meera grabs a nearby vase and hits the burglar on the head, causing a concussion. Under Section 39 of the Bharatiya Nyaya Sanhita 2023, Meera's actions are legally permissible as she is defending herself from harm. However, if Meera had continued to attack the burglar after he was incapacitated and caused his death, her actions would not be covered by this section.

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