Section 42 BNSS: Protection of members of Armed Forces from arrest
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 42 BNSS at a Glance
Section 42 BNSS deals with protection of members of Armed Forces from arrest. It replaced Section 45 CrPC on 1 July 2024.
Section 42 BNSS Bare Act Text
(1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
Source: Section 42, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 42 BNSS in Simple Words
Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with protection of members of Armed Forces from arrest.
Notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive, no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
The State Government may, by notification, direct that Section 42(1) BNSS shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, with State Government in place of Central Government.
When Section 42 BNSS Applies
- Under Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive, no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
- Section 42(1) BNSS speaks of anything done or purported to be done by the member in the discharge of his official duties.
- Under Section 42(2) BNSS, the State Government may, by notification, direct that the provisions of Section 42(1) BNSS shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving.
- Under Section 42(2) BNSS, thereupon the provisions of Section 42(1) BNSS shall apply as if for the expression Central Government occurring therein, the expression State Government were substituted.
Example of Section 42 BNSS
When Section 42 BNSS Does Not Apply
- Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a member of the Armed Forces of the Union. It does not deal with the arrest of a person who is not a member of the Armed Forces of the Union, unless a notification under Section 42(2) BNSS covers that person.
- Section 42(1) BNSS speaks of anything done or purported to be done in the discharge of official duties. It does not deal with an arrest for an act that was not done or purported to be done in the discharge of official duties.
Section 42 BNSS in the CrPC (Previous Law)
Section 42 BNSS replaced Section 45 CrPC from 1 July 2024.
Section 45 of the Code of Criminal Procedure, 1973 became Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 42(1) BNSS reads notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive, where Section 45(1) CrPC read notwithstanding anything contained in sections 41 to 44, both inclusive. The heading reads members of Armed Forces where Section 45 CrPC read members of the Armed Forces. The rest of the text, and Section 42(2) BNSS, have the same text as Section 45 CrPC.
Each sub-section below names its own source.
FAQs on Section 42 BNSS
When are members of the Armed Forces of the Union protected from arrest under Section 42 BNSS?▼
Under Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
Can the State Government apply Section 42(1) BNSS to members of the Force charged with the maintenance of public order?▼
Yes. Under Section 42(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may, by notification, direct that the provisions of Section 42(1) BNSS shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving. Thereupon Section 42(1) BNSS shall apply as if for the expression Central Government, the expression State Government were substituted.
Which sections does Section 42(1) BNSS apply notwithstanding?▼
Section 42(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive.
What changed from Section 45 CrPC to Section 42 BNSS from 1 July 2024?▼
From 1 July 2024, Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 45 of the Code of Criminal Procedure, 1973. Section 42(1) BNSS reads notwithstanding anything contained in section 35 and sections 39 to 41, both inclusive, where Section 45(1) CrPC read notwithstanding anything contained in sections 41 to 44, both inclusive. The heading of Section 42 BNSS reads members of Armed Forces where the heading of Section 45 CrPC read members of the Armed Forces. Section 42(2) BNSS has the same text as Section 45(2) CrPC.
Section 42 BNSS: Sub-sections Explained
Section 42(1) BNSS: Protection of members of the Armed Forces from arrest
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Bare Act Text
(1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
Section 42(2) BNSS: Protection of members of the Armed Forces from arrest
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Bare Act Text
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·