What is the punishment under BNS Section 42?

The punishment for this specific offense is outlined under the new law as: Depends on original offence.

Is BNS Section 42 bailable or non-bailable?

Under the new legal framework, this specific offense is classified as a Depends on original offence offense.

Is BNS Section 42 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is Depends on original offence.

Which court has the jurisdiction to try cases under BNS Section 42?

Cases pertaining to this specific BNS section are triable by the Depends on original offence.

Can BNS Section 42 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

BNS Section 42- When such right extends to causing any harm other than death | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 42 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

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 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.

Procedural Details

Punishment

Depends on original offence

Nature of Offense

Depends on original offence

Bail Eligibility

Depends on original offence

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Depends on original offence

Frequently Asked Questions about BNS Section 42

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.