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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 42, BNSS: Protection of members of Armed Forces from arrest

Pundora · Published 3 October 2026

Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.

What it replaces

BNSS provisionCrPC provisionRelation
Section 42Section 45corresponds

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

The section

42. Protection of members of Armed Forces from arrest.

(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

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 Nagarik Suraksha Sanhita, 2023, section 42 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNSS to CrPC (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.