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Section 42: When Right of Private Defence of Property Extends to Causing Harm Short of Death

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 104 IPC
Section 41 All 358 Sections of Bharatiya Nyaya Sanhita Section 43

Legal Commentary & Landmark Judgments: Section 42

Section 42 establishes that if the offence against property be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in section 41, the right of private defence of property does not extend to the causing of death, but extends, subject to section 37, to the voluntary causing of any harm other than death.

  • Daytime Trespass & Simple Theft: Applies to routine daytime trespass, simple theft of crops, or petty mischief.
  • Prohibition on Lethal Force: Shooting or killing a daytime cattle grazer or crop thief is completely illegal.
  • Proportional Harm Short of Death: Defender may physically restrain, push, or use non-lethal force to eject the trespasser and recover property.
Key Landmark Precedents:
  • Puran Singh v. State of Punjab (1975) 4 SCC 518: The Supreme Court affirmed that a person in settled possession can use reasonable force under Section 104 IPC (Section 42 BNS) to repel a daytime trespasser, but cannot inflict fatal injuries unless Section 103 criteria are satisfied.
  • Ram Ratan v. State of Bihar (1964) 1 SCR 293: Held that where an owner finds a trespasser cutting crops, the owner can use force short of death to disarm and drive away the trespasser.
Courtroom Practice & Strategic Litigation Guidance:

In agricultural crop dispute trials, show that your client used sticks (lathis) solely to drive away encroachers without intending to cause death; if death resulted accidentally, Section 42 BNS operates to eliminate murder charges.

Section 41 All 358 Sections of Bharatiya Nyaya Sanhita Section 43