Section 42 of Bharatiya Nyaya Sanhita (BNS) 2023

Section 42 of Bharatiya Nyaya Sanhita (BNS) 2023:When such right extends to causing any harm other than death.

When such right extends to causing any harm other than death. Bharatiya Nyaya Sanhita 2023

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.

Here are the FAQs in short:

1. What is the right to private defence?
   It allows you to protect yourself from theft, mischief, or trespass, but does not permit causing death (unless specified).
2. Which offences are covered?
   Theft, mischief, and criminal trespass, except those under Section 41.
3. Can harm other than death be caused?
   Yes, as long as it’s reasonable and proportionate to the threat.
4. Does it apply to attempts?
   Yes, you can defend against attempted theft or mischief.
5. What does Section 37 say?
   The harm caused must be proportional to the offence, with limits on excessive force.