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 the person knew, or had reason to believe, were likely to cause that effect.
Section 39 of the Indian Penal Code 1860
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 to Section 39 IPC
Meaning of "Voluntarily" Under Section 39 IPC
The statutory meaning of "voluntarily" was wider than a simple inquiry into whether the accused specifically desired the eventual consequence. Section 39 identified alternative states of mind connected with the means employed and the effect caused.
An effect was caused voluntarily where the person caused it by means by which the person intended to cause that effect. The definition also covered a person who used means while knowing, or having reason to believe, that those means were likely to cause the effect.
Essential Elements of Section 39 IPC
- An effect must have been caused by the person.
- The effect may have been caused by means intended to cause that effect; or
- At the time of employing the means, the person knew that those means were likely to cause the effect; or
- At that time, the person had reason to believe that the means were likely to cause the effect.
Intention, Knowledge and Reason to Believe
| Expression in Section 39 | Role in the definition |
|---|---|
| Intended to cause | The means are employed with the intention of causing the relevant effect. |
| Knew to be likely to cause | The person employs the means with knowledge that they are likely to cause the relevant effect. |
| Had reason to believe | The person employs the means while having reason to believe that they are likely to cause the relevant effect. |
The IPC separately defined "reason to believe" in Section 26. That provision stated that a person is said to have "reason to believe" a thing if the person has sufficient cause to believe that thing but not otherwise. Reading Sections 26 and 39 together helps explain the statutory expression used in the definition of "voluntarily."
Specific Intention to Cause the Effect Is Not Always Necessary
The statutory illustration is significant because A's purpose in setting fire to the inhabited house is to facilitate robbery, not necessarily to cause a person's death. Nevertheless, the illustration states that if A knew that he was likely to cause death, he caused death voluntarily.
Accordingly, for the purpose of Section 39, absence of a specific desire to bring about the eventual effect did not by itself mean that the effect was involuntary. The statutory alternatives of knowledge and reason to believe also had to be considered.
Time at Which Knowledge or Belief Is Relevant
Section 39 expressly referred to what the person knew or had reason to believe "at the time of employing those means." The relevant inquiry therefore concerned the state of mind associated with the means when they were employed, rather than merely a reaction after the consequence had occurred.
The illustration reinforces this point by stating that A may even be sorry that death occurred. Subsequent regret does not alter the statutory question whether, when employing the means, A knew that death was likely to result.
Section 39 and Related General Provisions of the IPC
| Provision | Subject | Connection |
|---|---|---|
| Section 26 IPC | Reason to believe | Defines an expression expressly used in Section 39. |
| Section 33 IPC | Act and omission | Provides general definitions concerning acts and omissions. |
| Section 35 IPC | Criminal knowledge or intention | Another general IPC provision in which knowledge and intention affect criminal liability. |
| Section 38 IPC | Different offences | Recognizes that persons concerned in the same criminal act may incur different offences. |
| Section 39 IPC | Voluntarily | Defines when a person causes an effect voluntarily. |
| Section 40 IPC | Offence | Defines the expression "offence" for purposes specified by the IPC. |
Section 39 Is a General Definition
Section 39 formed part of Chapter II of the IPC containing general explanations. It supplied the Code's meaning of "voluntarily" where that expression was relevant. It did not, by itself, create a standalone offence or prescribe a punishment.
In an actual criminal case, Section 39 had to be read with the particular penal provision alleged to have been violated. The prosecution still had to establish the ingredients of that substantive offence, including whatever intention, knowledge, causation, act, omission or other requirements that offence prescribed.
Practical Legal Significance
Where a penal provision required consideration of whether an effect was caused voluntarily, the court could examine the means employed, the effect caused, the person's intention, the person's knowledge of the likely consequence, and whether there was sufficient cause for the person to believe that the means were likely to produce that consequence.
The definition therefore linked voluntariness to the legally relevant mental state accompanying the means used, rather than limiting it to an express wish that the exact consequence should occur.
Position Before the Bharatiya Nyaya Sanhita 2023
The Indian Penal Code, 1860 governed substantive criminal law before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This article intentionally explains Section 39 in its pre-BNS setting. For a particular incident, the applicable statutory regime should be determined from the date and circumstances of the alleged offence together with the relevant transitional and savings provisions.
Note: This article provides general legal information about Section 39 IPC and is not a substitute for legal advice in an individual case.