Section 39 BNS (Bharatiya Nyaya Sanhita)

39. When such right extends to causing any harm other than death.

If the offence be not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death.

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