Introduction to Section 42 of BNSS
Section 42 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, ensures the protection of armed forces personnel and other public security forces from legal arrest without government approval. It aims to prevent harassment of officers for actions done in the line of duty, especially in areas where law and order situations are tense. It balances national security interests with the need for legal checks and transparency.
What is BNSS Section 42 ?
BNSS Section 42 provides legal protection to members of the Armed Forces from being arrested for actions taken during their official duties. This section ensures that any such arrest can only happen with prior permission from the Central Government. It recognizes that armed forces often work in challenging environments where quick decisions must be made, so legal safeguards are necessary.
BNSS Section of 42 in Simple Points
1. Legal Protection to Armed Forces for Official Work
BNSS Section 42 clearly says that if any member of the Armed Forces (like Army, Navy, or Air Force) does something during the course of his duty, he cannot be arrested without the permission of the Central Government. This protection is given so that the armed forces can perform their duties without fear of getting arrested for doing their job.
2. Even Acts Claimed as Duty Are Covered
The law also protects a member even when he claims that he was doing official work. For example, if an army officer takes action during a riot, and someone files a case against him, he cannot be arrested unless it is proven that he acted wrongly and without government permission. This avoids harassment and encourages duty with confidence.
3. State Governments Can Extend This Protection
The State Government also has power under this section. It can issue a notification to give the same protection to state security forces such as Nagar Suraksha personnel who are involved in maintaining public order. In such cases, permission from the State Government will be needed before arresting these officers for acts done during their duty.
4. No Arrest Without Government Approval
Police officers or other law enforcement authorities cannot arrest an armed force member or protected security officer without official approval from the respective government (Central or State). This rule ensures that officers are not wrongly arrested or targeted when they are just performing their official tasks.
5. Encourages Efficient Working and National Safety
This law ensures that members of the Armed Forces and other public order forces are able to work boldly and efficiently without the fear of false or hasty arrests. It protects national interest and encourages proper functioning of forces during emergencies, law-and-order duties, and national security missions.
Section 42 of BNSS Overview
BNSS Section 42 means that no member of the Indian Armed Forces can be arrested for any act done while performing his official duties, unless the Central Government gives permission. If similar protection is extended to state-level forces, then State Government’s permission is required. This protects personnel from being wrongly prosecuted for doing their job.
10 Key Points of BNSS Section 42
1. Special Protection to Armed Forces
BNSS Section 42 gives special legal protection to the members of the Armed Forces of the Union (like Army, Navy, Air Force). If they do something while doing their official duty, they cannot be arrested just like any ordinary citizen. This rule is made so they can perform their duties confidently, especially during emergencies or sensitive operations.
2. No Arrest Without Central Government’s Approval
If any action done by a member of the armed forces needs to be investigated or questioned, they cannot be arrested unless the Central Government gives written approval. This prevents the misuse of power by local authorities or police against army officers who were just doing their job.
3. Covers Actions Done or Purported to be Done
This law protects not just the acts really done in duty, but also those that are claimed to be part of duty. Even if later it’s found that the act was not properly authorized, the person still cannot be arrested unless approval is taken. This helps prevent confusion and delay in legal matters.
4. Protection Extended to Public Order Forces by State
The State Government can also extend this same protection to local public order forces (like Nagar Suraksha Sanniyam or special state police). They can do this by issuing a notification declaring which group is covered. This helps keep local forces safe during serious duties like riots or protests.
5. State Becomes the Approval Authority in Such Cases
If the protection is extended by the State Government to local forces, then the State Government takes the role of approval authority. This means local officers can only be arrested with State Government permission, not Central. This makes the process faster and more locally controlled.
6. No Protection for Personal or Illegal Acts
This protection only applies when the act is related to duty. If an army or police officer does something wrong for personal reasons, or something illegal not connected to his official work, then this protection does not apply, and he can be arrested like any normal citizen.
7. Encourages Quick and Confident Action in the Field
This section helps officers take quick decisions on the ground without being afraid of false cases or legal trouble. For example, during riots or terror attacks, army officers may need to act fast. This protection ensures they are not punished later for taking brave actions during crisis.
8. Ensures Proper Legal Process
Before arresting any such officer, the authorities need to go through the proper channel and seek permission. This ensures that only serious and genuine cases are pursued, and no officer is harassed unnecessarily by filing fake or politically motivated cases.
9. Builds Trust and Discipline Among Forces
When government gives such legal protection, it shows that the nation stands behind its officers. This builds morale, discipline, and respect within the force. They feel secure knowing that their official decisions won’t land them in trouble without a fair hearing.
10. Important for National and Internal Security
This section is very important for maintaining internal peace and national security. Officers dealing with terrorism, naxalism, border security, and public protests need strong legal backing. BNSS Section 42 ensures they can do their work without fear, while still being held accountable through proper procedures
Examples of BNSS Section 42
Example 1:
An army officer is involved in a firing incident while handling a riot. A complaint is filed against him. As per Section 42, he cannot be arrested unless the Central Government approves it, because the act was done in official duty.
Example 2:
A paramilitary officer is accused of using force during a protest. The State Government has issued a notification extending Section 42 to this force. Now, the officer cannot be arrested without State Government’s permission.
Section 42 of BNSS Short Information
| Points | Details |
|---|---|
| Section Name | BNSS Section 42 |
| Topic | Protection of Armed Forces from Arrest |
| Applicable To | Members of Indian Armed Forces, and specified public order forces |
| Protection Granted | Cannot be arrested for official duties without consent |
| Who Gives Consent | Central Government (for Armed Forces), State Government (for other forces) |
| Relevant Law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
BNSS Section 42 FAQs
BNSS 42
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