BNS §42
When such right extends to causing any harm other than death
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Comparison
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.
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.
What changedAI-inferred
IPC 104 and BNS 42 carry the same rule character-identically. Cross-references update from IPC 103/99 to BNS 41/37.
Old position
IPC 104 is concerned with When such right extends to causing any harm other than death. When such right extends to causing any harm other than death
New position
BNS 42 preserves the framework with drafting modernisations as required by the new code. Topic: 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
BNS 42 (When such right extends to causing any harm other than death) preserves the framework of IPC 104. BNS 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 42 text: If the offence, the...
Editorial deltaAI-indicated (source-linked)
BNS 42 (When such right extends to causing any harm other than death) preserves the framework of IPC 104. BNS 42 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 42 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 104 continues to apply. For matters from that date forward, BNS 42 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 42 (When such right extends to causing any harm other than death). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §104 → BNS §42 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/42.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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