Section 42 BNS: When such right extends to causing any harm other than death

Bharatiya Nyaya Sanhita, 2023

Section 42 BNS at a Glance

Section 42 BNS deals with when such right extends to causing any harm other than death. It replaced Section 104 IPC on 1 July 2024.

Punishment

None. Section 42 BNS creates no offence.

IPC Equivalent

Section 104 →

Section 42 BNS Bare Act Text

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

If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.

Source: Section 42, Bharatiya Nyaya Sanhita, 2023

Section 42 BNS in Simple Words

Section 42 of the Bharatiya Nyaya Sanhita (BNS) deals with the extent of the right of private defence of property when the offence is theft, mischief, or criminal trespass that is not of any of the descriptions specified in Section 41 BNS. In such cases, the right of private defence does not extend to voluntarily causing the wrong-doer's death, but it does extend, subject to the restrictions specified in Section 37 BNS, to voluntarily causing any harm other than death to the wrong-doer.

The force used must stay within the legal boundaries of private defence under Section 37 BNS. If a person goes beyond that limit or causes death where Section 41 BNS does not apply, they can lose the protection of this section and face criminal liability.

Ingredients of Section 42 BNS

  • The offence resisted, or attempted, is theft, mischief or criminal trespass
  • It is not one of the descriptions listed in Section 41 BNS
  • The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 37 BNS

Punishment Under Section 42 BNS

Imprisonment

None. Section 42 BNS creates no offence.

Fine

None.

Section 42 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 42 BNS

In Indore, a man slips into a neighbour's open field in daylight and starts cutting her standing crop to take it. Nobody is threatened and there is no fear of death or grievous hurt. She may use force against him to protect the crop, even enough to cause hurt, if that is needed, but she may not cause his death.

When Section 42 BNS Does Not Apply

  • The offence is one of the kinds listed in Section 41 BNS, where the right can reach causing death
  • The harm caused is the death of the wrong-doer
  • The restrictions in Section 37 BNS apply to the case, for instance because the harm goes beyond what the defence needs

Section 42 BNS in the IPC (Previous Law)

Section 42 BNS replaces Section 104 IPC from the old criminal code.

Section 42 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 41 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.

View IPC Section 104 →

FAQs on Section 42 BNS

Does Section 42 BNS allow me to injure a wrong-doer to protect my property?▼

Yes, within the limits of Section 37 BNS. When you are defending property against theft, mischief, or criminal trespass not covered by Section 41 BNS, Section 42 BNS allows you to cause any harm other than death to the wrong-doer.

Is Section 42 BNS a punishment section?▼

No. It does not prescribe any jail term or fine. It only defines the scope of lawful private defence of property when death is not permitted.

When can Section 42 BNS protect me?▼

It applies when you are defending property against theft, mischief, or criminal trespass that does not fall under Section 41 BNS, provided the force used stays within the restrictions in Section 37 BNS.

How is Section 42 BNS different from Section 41 BNS?▼

Section 41 BNS covers grave property offences where private defence of property can extend to causing death. Section 42 BNS covers other cases of theft, mischief, or criminal trespass where the right extends only to causing harm other than death, subject to Section 37 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·