Section 39 IPC: Meaning of Voluntarily
Section 39 of the Indian Penal Code, 1860 defined when a person is said to cause an effect "voluntarily". The definition covered not only an effect that the person intended to cause, but also an effect caused by means which, when employed, the person knew or had reason to believe were likely to cause that effect.
What did "voluntarily" mean under Section 39 IPC?
In ordinary speech, "voluntarily" may suggest that a person deliberately wanted a particular result. Section 39 IPC used a specific statutory definition. An effect could be caused voluntarily either because the person intended that effect or because the person used means which he knew, or had reason to believe, were likely to cause it.
Text of Section 39 of the Indian Penal Code, 1860
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.
Essential elements of Section 39 IPC
- An effect must be caused: the definition addresses the relationship between the person's conduct and the resulting effect.
- Intention is one route: an effect is caused voluntarily when the means are employed with the intention of causing that effect.
- Knowledge is another route: direct intention to cause the precise effect is not always necessary if the person knew that the means used were likely to cause it.
- Reason to believe is also included: the definition expressly covers circumstances where the person had reason to believe that the means employed were likely to cause the effect.
- The relevant time is when the means are employed: the statutory wording focuses on the person's intention, knowledge or reason to believe at that time.
Intention, knowledge and reason to believe
| Expression | Relevance to Section 39 |
|---|---|
| Intention | The person employs the means intending to cause the particular effect. |
| Knowledge | The person knows, when employing the means, that they are likely to cause the effect. |
| Reason to believe | The person has reason to believe that the means employed are likely to cause the effect. |
Meaning of "reason to believe"
The expression "reason to believe" was separately defined in Section 26 IPC. Section 39 expressly uses that concept as one of the mental elements by which an effect may be caused voluntarily.
Illustration to Section 39 IPC
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. 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.
What does the illustration explain?
The illustration shows why "voluntarily" under Section 39 was not confined to a consequence specifically desired by the accused. A's immediate purpose is stated to be facilitating robbery rather than causing death. Nevertheless, if A knew that setting fire to the inhabited house was likely to cause death, the resulting death is described by the section as having been caused voluntarily.
Section 39 as a definition provision
Section 39 appeared in Chapter II of the IPC, which contained general explanations and definitions used in interpreting the Code. The definition therefore supplied a statutory meaning for the expression "voluntarily" where that expression was used in IPC provisions, subject to the context and ingredients of the particular offence being considered.
Related IPC concepts
Section 39 can be read with nearby general provisions dealing with acts, omissions and mental elements. Section 33 IPC explained "act" and "omission"; Section 35 IPC addressed acts criminal by reason of criminal knowledge or intention; and Section 26 supplied the definition of "reason to believe".
Key takeaway
For Section 39 IPC, a person caused an effect voluntarily when he caused it through means intended to produce that effect, or through means which, when employed, he knew or had reason to believe were likely to produce it. The statutory definition therefore extended beyond cases of direct intention alone.
This page explains the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. The significance of Section 39 in any case depends on the wording and ingredients of the particular IPC offence and the facts and evidence relating to the relevant conduct.