BNS · Bharatiya Nyaya Sanhita, 2023

Section 42 BNS

When such right extends to causing any harm other than death

Offence

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.

Punishment summary

  • Punishment may include death.
← Sec. 41 All sections Sec. 43 →

FAQ — Section 42 BNS

Section 42 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with “When such right extends to causing any harm other than death”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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.

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.