Section 42: When such right extends to causing any harm other than death

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 14 of our papers cite Section 42. Try these from the free papers:

1. 1. In Puran Singh v. State of Punjab (1975), the Supreme Court considered the right of private defence of property in disputes over possession of land (now Sections 35 and 41 to 43 of the Bharatiya Nyaya Sanhita, 2023). Which of the following reflects its holding?

   A.A trespasser can never exercise the right of private defence of property, whatever the nature of his possessionB.Possession becomes settled as soon as the trespasser enters the land, however casual or stray the entry may beC.A trespasser in settled possession of land may defend that possession even against the true owner who tries to dispossess him by forceD.A true owner may use force to dispossess a trespasser at any time, even after the trespasser's possession has become settled
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2. 2. Consider the following statements under the Bharatiya Nyaya Sanhita, 2023: 1. If the offence against the body is not of any of the descriptions in Section 38, the right of private defence of the body does not extend to causing death, but extends to causing any harm other than death. 2. If the offence against property is mischief not of any description in Section 41, the right of private defence of property does not extend to causing any harm at all to the wrong-doer. 3. The harm other than death permitted by Sections 39 and 42 is subject to the restrictions in Section 37. Which of the statements given above is/are correct?

   A.2 and 3 onlyB.1 onlyC.1 and 3 onlyD.1, 2 and 3
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