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Bharatiya Nyaya Sanhita, 2023

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

Pundora · Published 3 October 2026

Section 42 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.

What it replaces

BNS provisionIPC provisionRelation
Section 42Section 104corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.

The section

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nyaya Sanhita, 2023, section 42 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.