Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 42
Protection of members of Armed Forces from arrest
In one line
BNSS Section 42 deals with protection of members of armed forces from arrest and replaces CrPC 45.
Bare act text — BNSS 42
42. Protection of members of Armed Forces from arrest.
(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
Frequently asked
What was BNSS Section 42 in the CrPC?
BNSS Section 42 (Protection of members of Armed Forces from arrest) replaces Section 45 of the Code of Criminal Procedure, 1973. CrPC 45 is now BNSS 42.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 37 — Designated police officer
- BNSS 38 — Right of arrested person to meet an advocate of his choice during interrogation
- BNSS 39 — Arrest on refusal to give name and residence
- BNSS 40 — Arrest by private person and procedure on such arrest
- BNSS 41 — Arrest by Magistrate
- BNSS 43 — Arrest how made
- BNSS 44 — Search of place entered by person sought to be arrested
- BNSS 45 — Pursuit of offenders into other jurisdictions
- BNSS 46 — No unnecessary restraint
- BNSS 47 — Person arrested to be informed of grounds of arrest and of right to bail