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
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.
IPC Section 39: Simplified Explanation
IPC Section 39 of the Indian Penal Code (IPC) defines “Voluntarily.” This term is fundamental in criminal law as it relates to the concept of volition or the willful nature of an action, which is crucial in establishing liability for many offences under the IPC. Understanding what constitutes a voluntary act is essential for assessing criminal responsibility.
Here’s what IPC Section 39 states:
Text of Section 39 IPC: “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.”
Critical Elements of “Voluntarily” According to IPC Section 39:
- Intention to Cause an Effect: The definition emphasizes that an act is considered voluntary if it is done to cause a specific effect. This means the individual’s action is driven by a conscious decision to bring about a particular outcome.
- Knowledge of Likely Consequences: The term also covers situations where a person may not have aimed for a specific effect but proceeds with an action, knowing such an effect is a likely outcome. This part of the definition acknowledges that liability can extend to foreseeable consequences and not just those intended.
- Reason to Believe: If an individual had reason to believe their actions were likely to cause a specific effect, the act is considered voluntary. This captures a broader spectrum of awareness, including situations where the individual might not have had direct knowledge but had sufficient reason to foresee the consequences.
Implications of Voluntary Actions:
- Basis for Liability: The concept of voluntary action is a cornerstone for establishing liability in criminal law. It distinguishes deliberate or reckless actions from accidental or coerced ones, thereby not warranting the same level of legal culpability.
- Scope of Responsibility: By including actions taken with knowledge of likely outcomes, Section 39 broadens the scope of what can be considered a voluntary act, expanding the range of scenarios where an individual can be held responsible for the effects of their actions.
- Legal Analysis: In legal proceedings, determining whether an act was voluntary is critical for assessing guilt. This involves analyzing the accused’s intent, knowledge, and understanding when the act was committed.
