IPC §39 → BNS §2
“Voluntarily”
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Comparison
39. “Voluntarily”.—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. Illustration A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
In this Sanhita, unless the context otherwise requires,—
What changedAI-inferred
BNS Section 2(33) preserves the IPC operative phrase character-identically and retains the same Illustration.
Old position
IPC Section 39 defined voluntarily as a hybrid intention/knowledge test: a person causes an effect voluntarily when he intends to cause it OR knows or has reason to believe his means are likely to cause it. The canonical Illustration was a robbery-related arson causing death.
New position
BNS Section 2(33) preserves the IPC operative phrase character-identically and retains the same Illustration.
Editorial deltaAI-indicated (source-linked)
IPC Section 39 and BNS Section 2(33) carry the same definition of voluntarily as a hybrid intention/knowledge test. The canonical Illustration about A setting fire to an inhabited house at night to facilitate a robbery, thereby causing death, is preserved verbatim. Only formatting shifts to a sub-clause within BNS Section 2.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 39 continues to apply. For matters from that date forward, BNS 2 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.
Frequently asked
BNS Section 2, sub-clause (33), with the canonical Illustration preserved.
Sources
- India Code — Indian Penal Code, 1860 (pending verification)
- Bharatiya Nyaya Sanhita, 2023 — bare act PDF (Gazette of India, 25 December 2023; Act No. 45 of 2023)
Cite this page
Newlaws.in, IPC §39 → BNS §2 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/39.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.