IPC Section 39: “Voluntarily”
Indian Penal Code, 1860 · Chapter 2: General Explanations
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶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.
Study: explanations and related material
Now BNS 2(33) (changed). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p2
Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 6. Definitions in the Code to be understood subject to exceptions
- 7. Sense of expression once explained
- 8. Gender
- 9. Number
- 10. “Man”. “Woman”
- 11. “Person”
- 12. “Public”
- 13. [Omitted.]
- 14. “Servant of Government”
- 15. [Repealed.]
- 16. [Repealed.]
- 17. “Government”
- 18. “India”
- 19. “Judge”
- 20. “Court of Justice”
- 21. “Public servant”
- 22. “Moveable property”
- 23. “Wrongful gain”. “Wrongful loss”. Gaining wrongfully/ Losing wrongfully
- 24. “Dishonestly”
- 25. “Fraudulently”
- 26. “Reason to believe”
- 27. Property in possession of wife, clerk or servant
- 28. “Counterfeit”
- 29. “Document”
- 29A. “Electronic record”
- 30. “Valuable security”
- 31. “A will”
- 32. Words referring to acts include illegal omissions
- 33. “Act”. “Omission”
- 34. Acts done by several persons in furtherance of common intention
- 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
- 36. Effect caused partly by act and partly by omission
- 37. Co-operation by doing one of several acts constituting an offence
- 38. Persons concerned in criminal act may be guilty of different offences
- 40. “Offence”
- 41. “Special law”
- 42. “Local law”
- 43. “Illegal”.“Legally bound to do”
- 44. “Injury”
- 45. “Life”
- 46. “Death”
- 47. “Animal”
- 48. “Vessel”
- 49. “Year”. “Month”
- 50. “Section”
- 51. “Oath”
- 52. “Good faith”
- 52A. “Harbour-“