BNS Section 42: When Such Right Extends to Causing Any Harm Other Than Death

Definition of Section 42 of BNS

Section 42 of BNS 2023 States:

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.

Explanation and Illustration of BNS Section 42

Section 42 limits the right of private defence of property when the offence is related to theft, mischief, or criminal trespass that does not fall under the serious categories specified in Section 41. In such cases, the right does not extend to causing death, but it does allow for causing harm, excluding death, to protect one's property. This right is subject to the restrictions under Section 37.

Example:

• Scenario 1: Theft

  A person notices someone attempting to steal their bicycle from their porch. In response, the homeowner tries to stop the thief by pushing them away, causing the thief to fall and sustain a minor injury.
  
  Here, the homeowner is justified in using force to protect their property (the bicycle) under Section 42, but the force cannot extend to causing the thief’s death. The right is limited to causing harm that is not fatal.

• Scenario 2: Criminal Trespass

  A person notices someone trespassing on their land late at night. Fearing the trespasser might damage their crops, the landowner physically intervenes, causing the trespasser to trip and sprain their ankle.
  
  In this case, the landowner is justified in using non-lethal force to defend their property, as the offence (criminal trespass) does not meet the criteria outlined in Section 41 for allowing death to be caused in defence.

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