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.
BNS Section 42: When such right extends to causing any harm other than death
Section 42 of the Bharatiya Nyaya Sanhita, 2023 deals with when such right extends to causing any harm other than death. It replaces IPC 104 of the Indian Penal Code, 1860.
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Text of BNS Section 42
IPC sections replaced
- IPC 104: When such right extends to causing any harm other than death
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