Section 39 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

When such
right extends
to causing any
harm other
than death

39. 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.