Bharatiya Nagarik Suraksha Sanhita

Section 42

Protection of members of Armed Forces from arrest

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⚡ Quick Answer Reference: Section 42 BNSS

Provision: Section 42 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
Jurisdiction: India
Summary: This section protects members of the Armed Forces from arrest for actions taken while performing their official duties. The Central Government must give consent before any arrest can be made. However, the State Government can extend this protection to certain classes of Armed Forces personnel.

Statutory Content

What does Section 42 of BNSS say?

(1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

Indian StandardSection 42, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 42 (India)

Court Pleading StandardSection 42 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 42 of BNSS mean?

Plain English Explanation

This section protects members of the Armed Forces from arrest for actions taken while performing their official duties. The Central Government must give consent before any arrest can be made. However, the State Government can extend this protection to certain classes of Armed Forces personnel.

Practical Interpretation

In practice, this section means that the Central Government has significant control over the arrest of Armed Forces personnel. The State Government can also play a role in extending this protection to specific groups of personnel. This can help prevent unnecessary disruptions to military operations and ensure that personnel can perform their duties without fear of arrest.

Core Legal Purpose

The core purpose of this section is to safeguard the interests of the Armed Forces and ensure that they can perform their duties without undue interference from law enforcement. This is achieved by requiring the Central Government's consent before any arrest can be made, and allowing the State Government to extend this protection to specific groups of personnel.

Key Legal Elements

•The member of the Armed Forces must be performing their official duties.
•The Central Government must give consent before any arrest can be made.
•The State Government can extend this protection to certain classes of Armed Forces personnel.
•The provisions of sub-section (1) do not apply to sections 35 and 39 to 41.

Practical Example

Practical Example of Section 42 BNSS

Rajesh, a member of the Indian Army, is on patrol duty in a sensitive area. He is accused of causing damage to private property while performing his duties. However, before Rajesh can be arrested, the Central Government must give its consent. If the State Government has issued a notification extending this protection to Rajesh's unit, then the consent of the State Government would be required instead. This ensures that Rajesh can continue to perform his duties without fear of arrest.

Common Questions (FAQ)

Frequently Asked Questions about Section 42 BNSS

Q: What is the punishment or consequence under Section 42 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequences of violating this section would depend on the underlying offense and the applicable laws.

Q: Does this section apply to private individuals or public entities?

This section specifically applies to members of the Armed Forces of the Union, which is a public entity.

Q: Is an offence under this section bailable or cognizable?

This section does not specify whether the offense is bailable or cognizable. However, the underlying offense would determine the classification of the offense.

Common Questions about Section 42 BNSS

What is Section 42 of BNSS?

Section 42 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Protection of members of Armed Forces from arrest". In plain terms: This section protects members of the Armed Forces from arrest for actions taken while performing their official duties. The Central Government must give consent before any arrest can be made. However, the State Government can extend this protection to certain classes of Armed Forces personnel.

What is the punishment under Section 42 of BNSS?

Section 42 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 42 of BNSS bailable or non-bailable?

Whether Section 42 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 42 of BNSS?

The essential elements of Section 42 of BNSS are: The member of the Armed Forces must be performing their official duties.; The Central Government must give consent before any arrest can be made.; The State Government can extend this protection to certain classes of Armed Forces personnel..

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