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

Summary

If the offence that triggers the right of private defence is theft, mischief, or criminal trespass, and it is not one of the more serious descriptions covered in section 41, then the right of private defence does not allow you to voluntarily cause the death of the wrong-doer. However, it does allow you to voluntarily cause any harm other than death to the wrong-doer, but only within the restrictions set out in section 37.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §104 — When such right extends to causing any harm other than death