Section 42 BNS – Bhartiya Nyaya Sanhita, 2023 & equivalent IPC Section

Section-42 of Bhartiya Nyaya Sanhita, 2023: When such right extends to causing any harm other than death – with corresponding and equivalent Sections of IPC-Indian Penal Code.     

Bhartiya Nyaya Sanhita, 2023Indian Penal Code, 1860 (corresponding section)
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.104. When such right extends to causing any harm other than death.—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 enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.  

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