Indian criminal law | Statutory definition
IPC Section 39: Meaning of Voluntarily and BNS Section 2(33)
Section 39 of the Indian Penal Code, 1860 defines when a person causes an effect voluntarily. The corresponding definition under the Bharatiya Nyaya Sanhita, 2023 is Section 2(33).
IPC Section 39 - statutory definition
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.
The definition concerns causing an effect. It covers both a result deliberately intended and a result that the person knew, or had sufficient reason to believe, was likely to follow from the means used.
Original statutory 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.
Explanation: The person's immediate object is to facilitate a robbery, not necessarily to kill. Nevertheless, if the person knew that setting fire to an occupied house was likely to cause death, the resulting death is caused "voluntarily" within this definition. Whether a particular substantive offence is proved depends on its additional statutory elements and the evidence.
BNS Section 2(33): current corresponding provision
Section 2(33) of the Bharatiya Nyaya Sanhita, 2023 defines "voluntarily" in substantially the same terms and retains the same illustration. The definition should be read with the particular BNS offence under consideration, rather than treated as an independent offence.
Read the official text of the Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and the Ministry of Home Affairs' new criminal laws information.
Key ingredients of voluntarily causing an effect
- An effect is caused: The result must be connected to the means employed by the person.
- Intention, knowledge or reason to believe: At least one of the statutory alternatives must be established on the facts.
- Relevant point in time: The knowledge or reason to believe is assessed when the means are employed.
- Likelihood matters: The definition refers to an effect likely to be caused, not merely an imagined or remote possibility.
Intention, knowledge and reason to believe
| Concept | Practical meaning in this definition |
|---|---|
| Intention | The person uses the means for the purpose of producing the effect. |
| Knowledge | The person is aware that the means are likely to produce the effect, even if the effect is not the desired outcome. |
| Reason to believe | The circumstances give sufficient cause to believe that the effect is likely. See also BNS Section 2(29), which defines "reason to believe". |
The definition does not make every accidental consequence voluntary. The evidence must support the required intention, knowledge or reason to believe, and other elements of the charged offence must also be established.
Further practical examples
Example 1: Deliberately breaking a window
A person throws a stone at a window intending to break it. The damage is caused voluntarily because the effect was intended. Whether an offence is made out depends on the relevant law and circumstances.
Example 2: Foreseeable injury
A person knowingly directs a dangerous object toward a crowded area, causing injury. Even without a specific desire to injure the victim, evidence of knowledge that injury was likely may bring the resulting effect within the definition.
Example 3: An unforeseeable result
A person uses an ordinary object in a lawful and careful manner, and an unexpected event causes injury. Without proof of the requisite intention, knowledge or reason to believe, the result is not necessarily caused "voluntarily" under this definition.
Does Section 39 prescribe punishment?
No. IPC Section 39 and BNS Section 2(33) are definitions, not separate punishment provisions. A charge must be based on an applicable substantive offence. The elements and punishment of that offence are determined by its own statutory text.
Frequently asked questions
What does voluntarily mean under IPC Section 39?
An effect is caused voluntarily if a person intended it, knew it was likely, or had reason to believe the means used were likely to cause it.
What is the corresponding provision under BNS?
Section 2(33) of the Bharatiya Nyaya Sanhita, 2023 retains the definition of voluntarily and its illustration.
Does voluntarily require a specific intention to cause the result?
No. Knowledge or reason to believe that the means employed were likely to cause the result can also satisfy the statutory definition.
Is IPC Section 39 itself a punishable offence?
No. It is an interpretive definition used with substantive offences; the applicable offence provision determines punishment.
Can regret after an act negate voluntarily causing its effect?
Regret alone does not negate the statutory definition if the person knew or had reason to believe the effect was likely when using the means.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 2(33))
- India Code - central legislation database
- Ministry of Home Affairs - new criminal laws
Updated: 28 October 2026. This article provides general legal information; the applicable law depends on the date of conduct and facts of the case.