Protection of members of Armed Forces from arrest
Section 42 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with protection of members of Armed Forces from arrest. 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. The Act came into force on 01 Jul 2024.
(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
Section 42, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 45 Protection of members of the Armed Forces from arrest Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Naveen @ Ajay vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 45, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal trial for serious offences including rape and murder cannot be conducted in a hasty manner over 15 days without providing adequate time to the legal aid counsel to prepare the defence. The principle of fair trial, which is a fundamental right under the Constitution, requires that the accused be afforded a real and meaningful opportunity to defend himself through competent counsel with sufficient preparation time. The trial court has a duty to ensure compliance with fair trial principles by granting adequate time to defence counsel, which should normally be a minimum of 7 days but may be more depending on circumstances. Forensic evidence including DNA reports must be properly proved through examination of expert witnesses who prepared the reports, and the accused must be given opportunity to cross-examine such experts. A trial conducted in violation of these principles is void and the conviction and sentence must be set aside with the matter remitted for de novo trial.
On this section: Opinion evidence by experts; DNA evidence is opinion evidence under this section and must be properly proved through expert examination
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Bharatiya Nagarik Suraksha Sanhita?
Naveen @ Ajay vs The State of Madhya Pradesh (19 Oct 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 45, which this section replaced -- the court never mentioned this Act: Opinion evidence by experts; DNA evidence is opinion evidence under this section and must be properly proved through expert examination.
How do I find court cases under Section 42 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 42, section 42 BNSS, section 42 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Naveen @ Ajay vs The State of Madhya Pradesh (19 Oct 2023).
What should I read with Section 42 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 35 (When police may arrest without warrant), section 39 (Arrest on refusal to give name and residence), section 41 (Arrest by Magistrate), so none of them can safely be read on its own. It carries forward CrPC 45 (Protection of members of the Armed Forces from arrest), so the judgments decided under that provision are the case law on this one.
When did Section 42 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 42 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 42, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.