Ideal Institute Of Tech

nology and Management

Submitted By- Apoorv Salar
Submitted to- Mr. Eesh Singh
Subject- Law Of Crimes
Topic- Voluntarily (Section-39 IPC)
Section- A
Section 39 IPC- Voluntar
ily
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.
 Explanation
The section gives the word ‘voluntarily’ a meaning which is
different from its popular sense. The word has been defined
in relation to causing an effect. When one causes an effect
by means whereby he has intention to cause it or which, at
the time of employing those means, he had knowledge to
be likely to cause it or had reason to believe to be likely to
cause it, he acts voluntarily.
Therefore, intention, knowledge or reason to believe the
likelihood of causing an effect have been given importance
under this section.
 Examples
A is Driving at a speed of 80 KMps in a narrow lane, risks are that someone
might get hurt, and someone died it will be as A has voluntarily done the said
act.
A set 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 intention 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. 2. If A drives fast in a narrow road and thereby kills a
person on the road, though he might not have the intention but he is aware of
the likelihood of the incident. As he has driven fast in spite of the knowledge
of the incident, he has done the act voluntarily. 3. A causes a ship to be cast
away, intending thereby to cause damage to Z who has lent money on
buttoned on the ship, A has committed mischief. 4. A intending or knowing , to
be likely permanently disfigure Z’s face gives him a blow, but it doesn’t
disfigure his face but caused him severe injury for many days, A has caused
voluntarily grievous hurt. 5. A with an intent to cause harm to Z takes his
valuable document and it accidentally gets burnt, though he has no intention
to burn it but as he has stolen the documents he is liable for the act voluntarily
 Case Law
In the case of Keshab Mahindra vs. State of M.P on 13 september,
1996, the accused persons though knowing that the gas called MIC is
likely to cause hurt, thus voluntarily (as defined under section 39 IPC)
causes hurt to 8485 or more humans did not do anything to avoid the
said escape of gas, so they are liable for the offence. (Bhopal gas
Tragedy).
2. Ram Pal Singh and Ors. Vs State on 9 November, 1992 On the facts of
the present case it can be safely inferred that at the time of throwing
the child Ram Pal knew that he is likely to cause (that is voluntarily,Sec
39) grievous hurt to the child. Km. Sarita sustained a fracture which is a
grievous hurt as defined in Section 320; IPC. The offence committed by
the appellant would, therefore, be one under Section 325, IPC. A
sentence of 3 years R.1 would meet the ends of justice.
 Conclusion

Voluntarily is not any offence or

punishment but it is an explanation
that is used in various sections of
Indian Panel Code and as such this
section is used in cases along with
other sections.
FIN