Section 42 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 42 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the scope of the right to private defence concerning certain property-related offences
🛡️ Section 42 – When the Right of Private Defence Extends to Causing Harm Other Than Death
This section permits an individual to use force in self-defence against offences such as theft, mischief, or criminal trespass, provided that:(
The offence does not fall under the categories specified in Section 41.
The force used is reasonable and proportionate, adhering to the constraints outlined in Section 37
Importantly, this right does not extend to causing death. The permissible harm must be limited to what is necessary to prevent the offence and must not exceed the severity required to counter the threat. This aligns with the principle that the response in self-defence should not be excessive or retaliatory.
🔄 Comparison with the Indian Penal Code (IPC)
Section 42 of the BNS is conceptually similar to Section 104 of the Indian Penal Code (IPC), 1860. Both sections delineate the circumstances under which the right of private defence can be exercised against property-related offences and specify the limitations, particularly concerning the use of force that does not extend to causing death.
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