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

Bharatiya Nyaya Sanhita, 2023

Statutory text

42. 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.
Commencement  and  continuance  of  right  of  private  defence  of
property.

Back to BNS