When such right extends to causing any harm other than death
What this section does
Where the offence triggering the right of private defence of property is theft, mischief, or criminal trespass but does not fall within the graver categories listed in section 41, the defender may cause any harm to the wrongdoer short of death. The right to cause death is expressly excluded in such cases, and the general restrictions of section 37 still apply.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.104.
Read the official text
For the binding statutory text of BNS Section 42, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 42 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.