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BNSS · Section 42 · Chapter V — ARREST OF PERSONS

Protection of members of Armed Forces from arrest.

What this section does

No member of the Armed Forces of the Union can be arrested for acts done or purported to be done in discharge of official duties without prior consent of the Central Government. The State Government may extend similar protection to members of forces charged with maintenance of public order, substituting 'State Government' for 'Central Government' in such cases.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Central Government · State Government · Armed Forces members · Police officer
Time limit
None specified
Old-law correspondence

Derived from CrPC s.45.

Read the official text

For the binding statutory text of BNSS Section 42, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 42 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 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.