The Bharatiya Nyaya Sanhita, 2023
Whoever wages war against the Government of India, or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
Illustration.
A joins an insurrection against the Government of India. A has committed the off
Whoever within or without and
beyond India conspires to commit any of the offences punishable by section 147, or conspires to
overawe, by means of criminal force or the show of criminal force, the Central Government or any State
Government, shall be punished with imprisonment for life, or with imprisonment of either description
which may extend to ten years, and shall also be liable to fine.
Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal
omission shall take place in pursuance thereof.
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of
either waging or being prepared to wage war against the Government of India, shall be punished with
imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall
also be liable to fine.
Whoever by any act, or by any
illegal omission, conceals the existence of a design to wage war against the Government of India,
intending by such concealment to facilitate, or knowing it to be likely that such concealment will
facilitate, the waging of such war, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Whoever, with the intention of inducing or compelling the President of India, or
Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of
such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or
overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such
President or Governor, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Whoever, purposely or
knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic
communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or
armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers
sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with
imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to
fine.
Explanation.—Comments expressing disapprobation of the measures, or administrative or other
action of the Government with a view to obtain their alteration by lawful means without exciting or
attempting to excite the activities referred to in this section do not constitute an offence under this
section.
Whoever wages war against the Government of any foreign State at peace with the Government
of India or attempts to wage such war, or abets the waging of such war, shall be punished with
imprisonment for life, to which fine may be added, or with imprisonment of either description for a term
which may extend to seven years, to which fine may be added, or with fine.
Whoever commits depredation, or makes preparations to commit depredation, on the territories
of any foreign State at peace with the Government of India, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine and to
forfeiture of any property used or intended to be used in committing such depredation, or acquired by
such depredation.
Whoever receives any property knowing the same to have been taken in the commission of any of the
offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the
property so received.
Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such
prisoner to escape from any place in which such prisoner is confined, shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Whoever, being a public
servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner
to escape from any place of confinement in which such prisoner is confined, shall be punished with
simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Whoever knowingly aids or assists
any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue
any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or
offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in India, is said to escape from lawful custody if he goes beyond the limits
within which he is allowed to be at large.
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or
Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman
from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Whoever abets the
committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the
Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with
death or with imprisonment for life, or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air
Force of the Government of India, on any superior officer being in the execution of his office, shall be
punished with imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine.
Whoever abets an assault by an officer,
soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior
officer being in the execution of his office, shall, if such assault be committed in consequence of that
abetment be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
Whoever abets the desertion of any
officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Whoever, except as hereinafter excepted, knowing or having reason to
believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of
India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine or with both.
Exception.—This provision does not extend to the case in which the harbour is given by the spouse of
the deserter.
The master or
person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force
of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a
penalty not exceeding three thousand rupees, if he might have known of such concealment but for some
neglect of his duty as such master or person in charge, or but for some want of discipline on board of the
vessel.
Whoever refuses to sign any statement made by him, when
required to sign that statement by a public servant legally competent to require that he shall sign that
statement, shall be punished with simple imprisonment for a term which may extend to three months, or
with fine which may extend to three thousand rupees, or with both.
Whoever, being legally bound by an oath or affirmation to state
the truth on any subject to any public servant or other person authorised by law to administer such oath or
affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any
statement which is false, and which he either knows or believes to be false or does not believe to be true,
shall be punished with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine
Whoever gives to any public servant any information which he knows or believes to be
false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public
servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him; or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to ten thousand rupees, or with both.
Whoever offers
any resistance to the taking of any property by the lawful authority of any public servant, knowing or
having reason to believe that he is such public servant, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to ten thousand
rupees, or with both.
Whoever
intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant,
as such, shall be punished with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five thousand rupees, or with both.
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or
bids for any property on account of any person, whether himself or any other, whom he knows to be
under a legal incapacity to purchase that property at that sale, or bids for such property not intending to
perform the obligations under which he lays himself by such bidding, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine which may
extend to two hundred rupees, or with both.
Whoever voluntarily obstructs
any public servant in the discharge of his public functions, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend to two thousand
and five hundred rupees, or with both.
Whoever, being
bound by law to render or furnish assistance to any public servant in the execution of his public duty,
intentionally omits to give such assistance,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where such assistance be demanded of him by a public servant legally competent to make
such demand for the purposes of executing any process lawfully issued by a Court or of preventing
the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged
with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple
imprisonment for a term which m
Whoever, knowing that, by an
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,—
(a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk
of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to two
thousand and five hundred rupees, or with both;
(b) and where such disobedience causes or tends to cause danger to human life, health or safety,
or causes or tends to cause a riot or affray, shall be punis
Whoever holds out any threat of injury to any public
servant, or to any person in whom he believes that public servant to be interested, for the purpose of
inducing that public servant to do any act, or to forbear or delay to do any act, connected with the
exercise of the public functions of such public servant, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Whoever holds out any threat of injury to any person for the purpose of inducing that person
to refrain or desist from making a legal application for protection against any injury to any public servant
legally empowered as such to give such protection, or to cause such protection to be given, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
Whoever
attempts to commit suicide with the intent to compel or restrain any public servant from discharging his
official duty shall be punished with simple imprisonment for a term which may extend to one year, or
with fine, or with both, or with community service.
Whoever causes any circumstance to exist or makes any false
entry in any book or record, or electronic record or makes any document or electronic record containing a
false statement, intending that such circumstance, false entry or false statement may appear in evidence in
a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding is said "to fabricate false evidence".
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box
(1) Whoever intentionally gives false evidence in any stage
of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in
sub-section (1), shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that
he will thereby cause, any person to be convicted of an offence which is capital by the law for the time
being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand
rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in
sub-section (1), the person who gives such false evidence shall be punished either with death or the
punishment specified in sub-section (1).
Whoever gives or fabricates false evidence intending
thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an
offence which by the law for the time being in force in India is not capital, but punishable with
imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a
person convicted of that offence would be liable to be punished.
A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The
punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to
ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or
without fine.
(1) Whoever threatens another with any
injury to his person, reputation or property or to the person or reputation of any one in whom that person
is interested, with intent to cause that person to give false evidence shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in
sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be
punished with the same punishment and sentence in the same manner and to the same extent such
innocent person is punished and sentenced.
Whoever corruptly uses or attempts to use as true or
genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
Whoever issues or signs any certificate required by law to
be given or signed, or relating to any fact of which such certificate is by law admissible in evidence,
knowing or believing that such certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.
Whoever corruptly uses or attempts to use any
such certificate as a true certificate, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
Whoever, in
any declaration made or subscribed by him, which declaration any Court or any public servant or other
person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is
false, and which he either knows or believes to be false or does not believe to be true, touching any point
material to the object for which the declaration is made or used, shall be punished in the same manner as
if he gave false evidence.
Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of section 236 and this section.
Whoever, knowing or having reason to believe that an offence has been committed, causes
any evidence of the commission of that offence to disappear, with the intention of screening the offender
from legal punishment, or with that intention gives any information respecting the offence which he
knows or believes to be false shall,—
(a) if the offence which he knows or believes to have been committed is punishable with death,
be punished with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years,
Whoever,
knowing or having reason to believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
Whoever, knowing or having
reason to believe that an offence has been committed, gives any information respecting that offence
which he knows or believes to be false, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Explanation.—In sections 238 and 239 and in this section the word "offence" includes any act
committed at any place out of India, which, if committed in India, would be punishable under any of the
following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),
(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and
(8) of section 331, clauses (a) and (b) of section 332.
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to
produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such document or electronic record with the
intention of preventing the same from being produced or used as evidence before such Court or public
servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for
that purpose, shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine which may extend to five thousand rupees, or with both.
Whoever falsely
personates another, and in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit
or criminal prosecution, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
Whoever fraudulently removes, conceals, transfers or delivers to any person any property or
any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a
decree or order which has been made, or which he knows to be likely to be made by a Court in a civil
suit, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both.
Whoever
fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right
or rightful claim to such property or interest, or practises any deception touching any right to any
property or any interest therein, intending thereby to prevent that property or interest therein from being
taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he
knows to be likely to be pronounced by a Court or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court in a civil suit, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Whoever fraudulently causes or suffers a
decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum
than is due to such person or for any property or interest in property to which such person is not entitled,
or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or
for anything in respect of which it has been satisfied, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against
him, in order that B, either on his own account or for the benefit of
Whoever fraudulently or dishonestly, or with
intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
Whoever fraudulently obtains a decree or
order against any person for a sum not due, or for a larger sum than is due or for any property or interest
in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any
person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Whoever, being under sentence of imprisonment for
life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the
remainder of that person’s natural life.
Section 104 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the legal consequence when a person serving a life sentence commits murder during incarceration. It signifies a notable reform in the criminal justice framework, aiming to specify the punishment for such acts, and aligns with the broader objective of ensuring strict accountability for serious offences committed by convicts already under life imprisonment. Section 104 stipulates that "whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person's natural life." Essentially, it prescribes that if a life-convict commits murder while serving their sentence, the court has the discretion to impose either the death penalty or extend the life imprisonment to last until the natural death of the offender. Note: This analysis synthesizes the available references and legal principles related to Section 104 of the Bharatiya Nyaya Sanhita, 2023, highlighting its scope, implications, and constitutional considerations.Legal Commentary on Section 104 of the Bharatiya Nyaya Sanhita, 2023
Introduction
What does Section 104 Say
Essential Ingredients
Scope of Section
Punishment for Section 104
Legal Comments
Summary Bullet Point Highlights
Whoever commits culpable
homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of
either description for a term which shall not be less than five years but which may extend to ten years,
and shall also be liable to fine, if the act by which the death is caused is done with the intention of
causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either
description for a term which may extend to ten years and with fine, if the act is done with the knowledge
that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as
is likely to cause death. Section 105 of the Bharatiya Nyaya Sanhita, 2023 (BNS) delineates the punishment for culpable homicide not amounting to murder, marking a significant reform in Indian criminal law by replacing the earlier Section 304 of the Indian Penal Code (IPC). It aims to clarify the scope of liability, emphasize the role of intent and knowledge, and set appropriate punishments aligned with modern legal standards. Section 105 prescribes that any person who commits culpable homicide not amounting to murder shall be punished with imprisonment for life or a term of not less than five years but which may extend up to ten years, along with a fine. The section emphasizes that the act must be done either with the intention of causing death or bodily injury likely to cause death, or with the knowledge that such injury is likely to cause death, but without the intent to kill. Section 105 of the Bharatiya Nyaya Sanhita, 2023, modernizes the approach to culpable homicide by emphasizing the mental element of intent or knowledge, prescribing a clear punishment range, and extending its scope beyond territorial boundaries. It strikes a balance between deterrence and fairness, aligning with international standards and contemporary criminal justice principles, while requiring judicial prudence to prevent misuse. This section marks a significant step towards a nuanced, equitable, and effective criminal legal framework in India. **- ["Section 105 of Bharatiya Nyaya Sanhita, 2023"]- ["Ingredients to Attract Sec 105 BNS 2023"]- ["Understanding Section 105 of BNS"]- ["Punishment for culpable homicide not amounting to murder"]- ["Corresponding Section Table of Bharatiya Nyaya Sanhita"]- ["Legal Reform in BNS"]- ["International Standards & Human Rights"]- ["Legal Challenges in Application of Section 105"]- ["Legal Clarity in BNS"]- ["Modernization of Criminal Law"]- ["Deterrence and Public Safety"]- ["Legal Evolution"]- ["Principles of Justice"]- ["Judicial Discretion & Evidence"]Legal Commentary on Section 105 of The Bharatiya Nyaya Sanhita, 2023
Introduction
What does Section 105 Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
Summary
Whoever abets what he
knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air
Force, of the Government of India, shall, if such act of insubordination be committed in consequence of
that abetment, be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
No person subject to the Air Force Act, 1950 (45 of 1950),
the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment
under this Sanhita for any of the offences defined in this Chapter.
Whoever, not being a
soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or
carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention
that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine which may extend to two
thousand rupees, or with both.
For the purposes of this Chapter—
(a) “candidate” means a person who has been nominated as a candidate at any election;
(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from
being, a candidate or to vote or refrain from voting at an election.
(1) Whoever—
(i) gives a gratification to any person with the object of inducing him or any other person to
exercise any electoral right or of rewarding any person for having exercised any such right;
or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising
any such right or for inducing or attempting to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be an offence
under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be
deemed to give a gratificat
(1) Whoever voluntarily interferes or attempts to interfere with
the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested,
with injury of any kind; or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he
is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,
shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within
th
Whoever at an election applies for a voting paper on votes in the
name of any other person, whether living or dead, or in a fictitious name, or who having voted once at
such election applies at the same election for a voting paper in his own name, and whoever abets,
procures or attempts to procure the voting by any person in any such way, commits the offence of
personation at an election:.
Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy
for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.
Whoever commits the offence of bribery shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both:
Provided that bribery by treating shall be punished with fine only.
Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink,
entertainment, or provision.
Whoever commits the
offence of undue influence or personation at an election shall be punished with imprisonment of either
description for a term which may extend to one year or with fine, or with both.
Whoever with intent to affect the result of
an election makes or publishes any statement purporting to be a statement of fact which is false and
which he either knows or believes to be false or does not believe to be true, in relation to the personal
character or conduct of any candidate shall be punished with fine.
Whoever without the general or special
authority in writing of a candidate incurs or authorises expenses on account of the holding of any public
meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the
purpose of promoting or procuring the election of such candidate, shall be punished with fine which may
extend to ten thousand rupees:
Provided that if any person having incurred any such expenses not exceeding the amount of ten
rupees without authority obtains within ten days from the date on which such expenses were incurred the
approval in writing of the candidate, he shall be deemed to have incurred such expenses with the
authority of the candidate.
Whoever being required by any law for the time being in
force or any rule having the force of law to keep accounts of expenses incurred at or in connection with
an election fails to keep such accounts shall be punished with fine which may extend to five thousand
rupees.
Whoever
counterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.—For the purposes of this Chapter,—
(1) the expression “bank-note” means a promissory note or engagement for the payment of
money to bearer on demand issued by any person carrying on the business of banking in any part of
the world, or issued by or under the authority of any State or Sovereign Power, and intended to be
used as equivalent to, or as a substitute for money;
Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or
otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as
genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both.
Explanation.—If a person establishes the possession of the forged or counterfeit coin, stamp,
currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this
section.
Whoever makes or mends, or performs any part
of the process of making or mending, or buys or sells or disposes of, or has in his possession, any
machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government
for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
(1) Whoever
makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any
document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred
rupees.
(2) If any person, whose name appears on a document the making of which is an offence under
sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the
name and address of the person by whom it was printed or otherwise made, he shall be punished with fine
which may extend to six hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is
charged with an offence under sub-section (1) or on any other document used or distributed i
Whoever, fraudulently or with intent to
cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by
Government for the purpose of revenue, any writing or document for which such stamp has been used, or
removes from any writing or document a stamp which has been used for such writing or document, in
order that such stamp may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both
Whoever, fraudulently or with
intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the
purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both
Whoever, fraudulently or with intent
to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of
revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been
used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark
has been erased or removed, or sells or disposes of any such stamp which he knows to have been used,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
(1) Whoever—.
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any
postal purpose any fictitious stamp; or.
(b) has in his possession, without lawful excuse, any fictitious stamp; or.
(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials
for making any fictitious stamp,
shall be punished with fine which may extend to two hundred rupees..
(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making
any fictitious stamp may be seized and, if seized shall be forfeited..
Whoever, being employed in any mint lawfully established in India, does any act, or
omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
Whoever, without lawful authority, takes
out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
(1) An assembly of five or more persons is designated an unlawful
assembly, if the common object of the persons composing that assembly is---
(a) to overawe by criminal force, or show of criminal force, the Central Government or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise of the
lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of crimi
If an offence is committed by any member of an unlawful assembly in prosecution of
the common object of that assembly, or such as the members of that assembly knew to be likely to be
committed in prosecution of that object, every person who, at the time of the committing of that offence,
is a member of the same assembly, is guilty of that offence.
(1) Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a
weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.
Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to
be committed, shall, if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon
which such unlawful assembly is held, or such riot is committed, and any person having or claiming an
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent
or manager, knowing that such offence is being or has been committed, or having reason to believe it is
likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge
at the nearest police station, and do not, in the case of his or their having reason to believe that it was
about to be committed, use all lawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful
assembly.
(2) Whenever a riot is committed for the benefit or
(1) When two or more persons, by fighting in a public place, disturb the public peace,
they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
(1) Whoever assaults
or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as
such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine which shall not be less than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to
use criminal force to any public servant in the discharge of his duty as such public servant in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.
(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or through
electronic communication or otherwise, promotes or attempts to promote, on grounds of religion,
race, place of birth, residence, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or
regional groups or castes or communities; or
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity; or
(1) Whoever, by words either
spoken or written or by signs or by visible representations or through electronic communication or
otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by reason of their being
members of any religious, racial, language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established or uphold the sovereignty and
integrity of India; or
(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or caste or community, be
denied, or deprived of their rights as citizens of India; or
Whoever, being a
public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing it to be likely that he will by such
disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both.
Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the
attendance at any place of any person for the purpose of investigation into an offence or any other
matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating
the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub-section (1) of section 173 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under
section 64, section 65, section 66, section 67, section 68, section 70, section 71, section
Whoever, being in charge of a hospital, public or
private, whether run by the Central Government, the State Government, local bodies or any other person,
contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be
punished with imprisonment for a term which may extend to one year, or with fine, or with both.
Whoever,
being a public servant, and being, as such public servant, charged with the preparation or translation of
any document or electronic record, frames, prepares or translates that document or electronic record in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both or with
community service.
Whoever, being a public
servant, and being legally bound as such public servant, not to purchase or bid for certain property,
purchases or bids for that property, either in his own name or in the name of another, or jointly, or in
shares with others, shall be punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both; and the property, if purchased, shall be confiscated.
Whoever pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act under colour of such office, shall be
punished with imprisonment of either description for a term which shall not be less than six months but
which may extend to three years and with fine.
Whoever,
not belonging to a certain class of public servants, wears any garb or carries any token resembling any
garb or token used by that class of public servants, with the intention that it may be believed, or with the
knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be
punished with imprisonment of either description for a term which may extend to three months, or with
fine which may extend to five thousand rupees, or with both.
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any
summons, notice or order proceeding from any public servant legally competent, as such public servant,
to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any
such summons, notice or order or intentionally removes any such summons, notice or order from any
place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation,
under the authority of any public servant legally competent, as such public servant, to direct such
proclamation to be made,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
Whoever, being legally
bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice,
order, or proclamation proceeding from any public servant legally competent, as such public servant, to
issue the same, intentionally omits to attend at that place or time or departs from the place where he is
bound to attend before the time at which it is lawful for him to depart,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent in a
Court with simple imprisonment for a term which may extend to six months, or with fine which may
extend
Whoever fails to appear at the specified place and the specified time as
required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years,
or with fine, or with both, or with community service, and where a declaration has been made under
sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with
imprisonment for a term which may extend to seven years and shall also be liable to fine.
Whoever, being legally bound to produce or deliver up any document or
electronic record to any public servant, as such, intentionally omits so to produce or deliver up the
same,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with
simple imprisonment for a term which may extend to six months, or with fine which may extend to
ten thousand rupees, or with both.
Whoever, being legally bound to give any notice or to furnish information on any subject to any
public servant, as such, intentionally omits to give such notice or to furnish such information in the
manner and at the time required by law,—.
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;.
(b) where the notice or information required to be given respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with simple imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both;.
Whoever, being legally bound to furnish information on any
subject to any public servant, as such, furnishes, as true, information on the subject which he knows or
has reason to believe to be false,—
(a) shall be punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to five thousand rupees, or with both;
(b) where the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Whoever
refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a
public servant legally competent to require that he shall so bind himself, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to five thousand
rupees, or with both.
Whoever, being legally bound to
state the truth on any subject to any public servant, refuses to answer any question demanded of him
touching that subject by such public servant in the exercise of the legal powers of such public servant,
shall be punished with simple imprisonment for a term which may extend to six months, or with fine
which may extend to five thousand rupees, or with both.
(1) Whoever commits murder shall be punished with death or
imprisonment for life, and shall also be liable to fine.. Section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023, effectively replaces Section 302 of the Indian Penal Code (IPC), 1860. The document consolidates the criminal law regarding murder, prescribing severe penalties while introducing nuanced provisions for specific contexts, such as mob lynching. The interpretation of this section is heavily influenced by judicial precedents that continue to rely on the evidentiary standards established under the IPC, emphasizing the necessity of proving guilt beyond reasonable doubt, particularly in cases relying on circumstantial evidence. Section 103 mandates that whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to a fine. It further provides that when a group of five or more persons commits an act of murder, all the participants are liable for the punishment specified under Section 103, even if they did not personally commit the act of killing, provided the act was done with a common intention. Additionally, the chapter includes a specific provision (Section 103(2)) to address mob lynching or killing motivated by prejudice (religion, race, caste, etc.), ensuring that ringleaders and inciters face rigorous punishment. Based on the provided legal sources, the essential ingredients for conviction under Section 103(1) derived from IPC 302 precedents include:* Intention to Cause Death: The prosecution must prove that the accused had the intention to cause death or knowledge that the act was likely to cause death.* Culpable Homicide vs. Murder: A critical distinction is made between culpable homicide (intention to cause bodily injury) and murder (intention to cause death), though death resulting in the former may still attract Section 103(1) if specific manifestations of intention are present.* 不可思议 (Crucial) Standard: Evidence must be so complete that it excludes all reasonable hypotheses other than the guilt of the accused.* Common Intention (Section 103(2)): For group offenses, there must be proof of a "meeting of minds" or prior conspiracy, not just presence at the scene.* Motive: While not sine qua non, motive is significant in circumstantial cases to corroborate the hypothesis of guilt.
(2) When a group of five or more persons acting in concert commits murder on the ground of race,
caste or community, sex, place of birth, language, personal belief or any other similar ground each
member of such group shall be punished with death or with imprisonment for life, and shall also be liable
to fine.Legal Commentary: Section 103 of the Bharatiya Nyaya Sanhita, 2023 (Punishment for Murder)
Introduction
What Does Section 103 Say?
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
Whoever, by deceitful means or by
making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse
with her, such sexual intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to ten years and shall also be liable to
fine. Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a critical provision addressing the complex issue of non-consensual sexual acts arising from fraud. It replaces the corollary of Section 376(2)(m) of the IPC. The section specifically criminalizes sexual intercourse obtained through deceitful means or a false promise of marriage when such acts do not amount to rape (i.e., the woman is of legal age and had no fear of immediate grievous hurt). This commentary analyzes the statutory definition, legal ingredients, judicial interpretations regarding consent and bail, and the evolving scope of the section based on recent case law. Section 69 of the BNS, 2023 stipulates that whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. The section explicitly defines "deceitful means" to include inducement for false promises of employment or promotion, or marrying by suppressing one's identity. It specifically excludes acts that constitute the offence of rape, focusing instead on the deception regarding the nature of the relationship or future commitment. To secure a conviction under Section 69, the prosecution must establish specific factual elements beyond the mere occurrence of sexual intercourse. First, the victim must be an adult woman, as the section excludes acts amounting to rape (which covers minors). Second, the accused must have induced the victim through "deceitful means," specifically by making a promise to marry. Third, the accused must have had no intention of fulfilling this promise at the time it was made. Fourth, the sexual intercourse must have been entered into solely or integrally relying upon this false promise. Finally, the court must determine that the act falls under the ambit of "sexual intercourse not amounting to rape," meaning there was no violence, threat of death, or capacity to give consent (in terms of mental state regarding rape), but rather a vitiating factor of fraud regarding the marriageability of the accused. The scope of Section 69 extends to various forms of social and relational exploitation, including suppressing one's marital status, financial identity, or intentions of marriage to secure sexual favors. Jurisprudence indicates that a prolonged consensual relationship can sometimes negate allegations of mere "liquefaction" of consent, but the crucial test remains the intent behind the promise. However, the scope has been scrutinized regarding the validity of consent obtained under false pretenses; the legal consensus is that consent obtained solely through coercion, fraud, or a false promise regarding marriage is legally invalid under this specific statute. Furthermore, the section applies to both investigations where the identity of the accused is suppressed and cases where the promise of marriage was the sole inducement for the relationship. The scope also includes cases where the victim was influenced by mental torture or coercion leading to the relationship, distinguishing it from simple disappointment or broken engagement without the element of sexual exploitation via deceit. The prescribed punishment for violating Section 69 is severe, reflecting the legislature's intent to penalize the exposure and exploitation of women. The offender shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to a fine. This stringent sentencing guideline aims to act as a deterrent against false promises that lead to sexual exploitation. It is important to note that the punishment is distinct from rape, yet carries a similar weight of imprisonment, emphasizing that the deprivation of autonomy through deceit is treated with gravity comparable to assault. "Statutory Intent" - The penalty of up to ten years underscores the gravity with which the law treats deceit leading to sexual exploitation, distinguishing it from simple breach of promise. - [Legal Commentary on Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS)]"Deceitful Means Defined" - The term "deceitful means" is statutorily expanded to include false promises of employment, promotion, or marrying by suppressing identity. - : BNS Section 69 - Sexual intercourse by employing deceitful means etc."Consent Validity" - Consent obtained solely or integrally relying upon a false promise of marriage is legally negated under this section. - : Unveiling the Complexities of Section 69, Bharatiya Nyaya Sanhita, 2023."Retrospective Nature" - The section permits the retrospective negation of consent based on a future event (marriage) that did not occur. - : Rape On The Pretext Of Marriage - Section 69 Of Bharatiya Nyaya ..."Relationship Dynamics" - A long-standing consensual relationship can undermine claims of misconception, suggesting the relationship was not tainted by sudden deceit. - ["Vipin Kumar vs State of U.P."]: Facts of the case involving 11 years of deceit."Judicial Discretion on Bail" - Courts exercise significant discretion in bail matters, often granting pre-arrest bail if the investigation is complete and the relationship was largely consensual. - ["PRASHANT SUNIL DEBEY vs THE STATE OF MAHARASHTRA THROUGH"]: Pre-arrest bail application where relationship was consensual."Oral Misrepresentation" - Repeated deceits regarding marital status and pedigree can constitute the offence even if there is no physical force. - ["BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.69 : Sexual intercourse by employing deceitful means, etc. -"]: BHARATIYA NYAYA SANHITA, 2023 - Section 69 text."Absence of Rape Elements" - The section specifically applies where sexual intercourse occurs without amounting to rape, focusing on the fraud element rather than force. - ["BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.69 : Sexual intercourse by employing deceitful means, etc. -"]: BHARATIYA NYAYA SANHITA, 2023 - Section 69 text."Non-Bailable Classification" - As a serious cognizable offence, it is generally treated as a non-bailable offence, though anticipatory bail is considered on merits. - : BNS Section 69 - Sexual intercourse... is a non-bailable offense."Scope of Misuse" - Critics argue the section may infringe personal liberties due to vague definitions and potential for misuse in marital disputes. - : Women Centric Laws (Critical review on Section 69...)."Purpose of Section" - The provision serves as a protective measure against sexual exploitation through deceitful means in relationships. - ["BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.69 : Sexual intercourse by employing deceitful means, etc. -"]: BHARATIYA NYAYA SANHITA, 2023 - Section 69 text."Quashing Criteria" - FIRs may be quashed if the investigation reveals no evidence of false promise and the relationship involved mutual commitment. - ["Neeleshramchandani vs State of Uttar Pradesh"]: Quashing of FIR where deceit was not involved."Abuse of Process" - False impleading or raising unfounded allegations of sexual exploitation can be an abuse of the legal process. - ["Sukanth Suresh P., S/o. Suresh P. vs State Of Kerala"]: Anticipatory bail dismissed due to prima facie evidence of instigation."Role of Investigating Officer" - IOs must ensure that information regarding these offences is recorded by a woman police officer as per procedural mandates. - ["Anirban Bhattacharya vs State of West Bengal"]: Section 173 of the BNS regarding recording of information."Extrateritorial Application" - While specific TO BNS 69 is domestic, the general principles of the Sanhita regarding sexual offences may imply jurisdiction based on intent and location. - ["BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.331 : Punishment for house-trespass or housebreaking. -"]: Scope of application of BNS offences."Comparison with IPC" - The section replaces the IPC provision regarding sexual intercourse by deceit, maintaining continuity in legal standards. - ["BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.65 : Punishment for rape in certain cases -"]: Corresponding old law Section 376(2)(m)."Burden of Proof" - The prosecution must prove the specific overt acts of deceit and the absence of real intention to marry to sustain the charge. - ["Gadapu Ravi Teja, S/o Late Appala Naidu vs State Of Andhra Pradesh"]: Bail denied due to specific overt acts."Coercion vs Deceit" - The section targets a spectrum where coercion is absent, but mental exploitation through fraud is present. - ["Saransh Chauhan vs State of Himachal Pradesh"]: Applicant apprehending arrest in FIR alleging sexual exploitation."Conditions for Bail" - Courts may impose conditions to prevent tampering and ensure attendance at trial when granting bail in these sensitive cases. - ["Parveen vs State of Himachal Pradesh"]: Conditions of bail to prevent interference with investigation.
Explanation.— “deceitful means” shall include inducement for, or false promise of employment or
promotion, or marrying by suppressing identity.Legal Commentary: Section 69 of the Bharatiya Nyaya Sanhita, 2023
Introduction
What Does Section Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
(1) Throughout this Sanhita every definition of an offence, every penal
provision, and every Illustration of every such definition or penal provision, shall be understood subject
to the exceptions contained in the Chapter entitled General Exceptions, though those exceptions are not
repeated in such definition, penal provision, or Illustration. Section 3 of the Bharatiya Nyaya Sanhita, 2023 (BNS), titled "General Explanations," serves as a pivotal interpretative bridge between specific offences and the principles of criminal liability. Unlike specific penal provisions that define distinct crimes, Section 3 provides the machinery for attributing liability in collective actions, such as common intention, joint acts, and corporate vicarious liability. The clause reaffirms the continuity of legal principles from the erstwhile Indian Penal Code (IPC) while adapting to modern corporate and joint criminal structures. Section 3 states that where an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts is liable as if they had done all of them. Furthermore, it extends liability to situations where a criminal act is done by several persons in furtherance of the common intention of all. Crucially, for Corporate Entities, the section interprets the liability of directors and officers, establishing that mere vicarious liability is not automatic but requires specific statutory backing and evidence of personal involvement or criminal intent alongside the company's liability. The essential ingredients derived from Section 3 and judicial interpretations include:* Acts vs. Omissions: Liability attaches when an offence is committed through several acts, not just a single omission, unless explicitly provided.* Intent to Cooperate: The individual must have intentionally cooperated in the commission of the offence.* Participation in One Act: The individual need only perform one of the constituent acts among several to attract liability for the entire offence.* Common Intention: For joint liability, there must be a meeting of minds (common intention) among the perpetrators to further the criminal objective.* Statutory Requirement for Corporate Liability: In cases involving companies, liability of directors is contingent upon specific statutory provisions or evidence showing the director's active role and criminal intent, rather than mere functional supervision. Section 3 itself is not a substantive offence carrying a specific penalty; rather, it is an explanatory clause that determines how an accused is held liable for substantive offences. The punishment is consequently derived from the specific offence defined elsewhere in the BNS (e.g., Murder under Section 103, Cheating under Section 420).* The court treats the participant who cooperated in one act as if they executed the entire offence.* Therefore, the accused is liable for the same punishment as the principal offender, including death, life imprisonment, or rigorous imprisonment, depending on the severity of the underlying crime.
(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child
under seven years of age cannot commit such offences; but the definitions are to be understood subject to
the general exception which provides that nothing shall be an offence which is done by a child under
seven years of age.
(b) A, a police ofLegal Commentary on Bharatiya Nyaya Sanhita, 2023 – Section 3
Introduction
What Section Says
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
(1) This Act may be called the Bharatiya Nyaya
Sanhita, 2023.
(2) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or
omission contrary to the provisions thereof, of which he shall be guilty within India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an offence
committed beyond India shall be dealt with according to the provisions of this Sanhita for any act
committed beyond India in the same manner as if such act had been committed within India.
In this Sanhita, unless the context otherwise requires,---
(1) "act" denotes as well a series of acts as a single act;
(2) "animal" means any living creature, other than a human being;
(3) "child" means any person below the age of eighteen years;
(4) "counterfeit".---A person is said to "counterfeit" who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.
Explanation 1.---It is not essential to counterfeiting that the imitation should be exact..
Explanation 2.---Whe
The punishments to which offenders are liable under the provisions of this
Sanhita are—
(a) Death;
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
The appropriate Government may, without the consent of the
offender, commute any punishment under this Sanhita to any other punishment in accordance
with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Explanation.---For the purposes of this section the expression "appropriate Government" means, ---
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating
to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law
relating to a matter to which the executive power of the State extends, the Government of the State
w
In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise
provided.
In
every case in which an offender is punishable with imprisonment which may be of either description, it
shall be competent to the Court which sentences such offender to direct in the sentence that such
imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part
of such imprisonment shall be rigorous and the rest simple.
(1) Where no sum is expressed to
which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be
excessive.
(2) In every case of an offence---
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine,
whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to
a fine,
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default
of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment
shall be in excess of any other imprisonment t
(1) Where anything which is an
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished
with the punishment of more than one of such his offences, unless it be so expressly provided.
(2) Where---
(a) anything is an offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished; or
(b) several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him could
award for any one of such offen
Whenever any person is convicted of an offence for which under this
Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,
order that the offender shall be kept in solitary confinement for any portion or portions of the
imprisonment to which he is sentenced, not exceeding three months in the whole, according to the
following scale, namely: —
(a) a time not exceeding one month if the term of imprisonment shall not exceed six months;
(b) a time not exceeding two months if the term of imprisonment shall exceed six months and
shall not exceed one year;
(c) a time not exceeding three months if the term of imprisonment
In executing a sentence of solitary confinement, such
confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods; and when the imprisonment awarded shall exceed
three months, the solitary confinement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary confinement of not less duration
than such periods.
Whoever, having been
convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita
with imprisonment of either description for a term of three years or upwards, shall be guilty of any
offence punishable under either of those Chapters with like imprisonment for the like term, shall be
subject for every such subsequent offence to imprisonment for life, or to imprisonment of either
description for a term which may extend to ten years.
Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by
reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illu
Nothing is an offence which is done by a Judge when
acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to
him by law.
Nothing which is done in pursuance of, or
which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in
force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or
order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake
of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in
doing it.
Nothing is an offence which is done by accident or misfortune,
and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful
means and with proper care and caution.
Illustration.
A is at work with a hatchet; the head flies off and kills a man who
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause
harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of
preventing or avoiding other harm to person or property.
Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was
of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that
it was likely to cause harm.
Nothing is an offence which is done by a child under
seven years of age.
Nothing is an offence which is done by a child above seven years of age and under twelve years of age,
who has not attained sufficient maturity of understanding to judge of the nature and consequences of his
conduct on that occasion.
Nothing is an offence which is done by a person who, at the
time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that
he is doing what is either wrong or contrary to law.
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication,
incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law;
provided that the thing which intoxicated him was administered to him without his knowledge or against
his will.
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person
who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
Nothing which is not intended to cause death, or grievous hurt, and which is not known by the
doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause,
or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the
doer to be likely to cause to any such person who has consented to take the risk of that harm..
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to
suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while
playing fairly, hurts Z, A commits no offence.
Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or
be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose
benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that
harm, or to take the risk of that harm.
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under
the painful complaint, but not intending to cause Zs death, and intending, in good faith, Zs benefit,
performs that operation on Z, with Zs consent. A has committed no offence.
Nothing which is done in good faith for the benefit of a person under twelve years of age, or
person of unsound mind, by, or by consent, either express or implied, of the guardian or other person
having lawful charge of that person, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause or be known by the doer to be likely to cause to that person:
Provided that this exception shall not extend to---
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any
purpose other than the preventing of death or grievous hurt, or the curing of any grievous diseas
A consent is not such a consent as
is intended by any section of this Sanhita,—.
(a) if the consent is given by a person under fear of injury, or under a misconception of fact, and
if the person doing the act knows, or has reason to believe, that the consent was given in consequence
of such fear or misconception; or.
(b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable
to understand the nature and consequence of that to which he gives his consent; or.
(c) unless the contrary appears from the context, if the consent is given by a person who is under
twelve years of age.
The exceptions in
sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or
on whose behalf the consent is given.
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is
an offence independently of any harm which it may cause or be intended to cause to the woman.
Therefore, it is not an offence "by reason of such harm"; and the consent of the woman or of her guardian
to the causing of such miscarriage does not justify the act.
Nothing is an offence by
reason of any harm which it may cause to a person for whose benefit it is done in good faith, even
without that person's consent, if the circumstances are such that it is impossible for that person to signify
consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful
charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to--
(a) the intentional causing of death, or the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any
purpose other than the preventing of death or
No communication made in good faith is an offence by
reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient
dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the
communication might cause the patient's death.
Except murder, and offences against the State
punishable with death, nothing is an offence which is done by a person who is compelled to do it by
threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person
will otherwise be the consequence:
Provided that the person doing the act did not of his own accord, or from a reasonable apprehension
of harm to himself short of instant death, place himself in the situation by which he became subject to
such constraint.
Explanation 1.--A person who, of his own accord, or by reason of a threat of being beaten, joins a
gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of
his having been compelled by his associates to do anything that is an offence by law.
Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complain of such harm.
Nothing is an offence which is done in the exercise of the
right of private defence.
Every person has a right, subject to the
restrictions contained in section 37, to defend—.
(a) his own body, and the body of any other person, against any offence affecting the human
body;.
(b) the property, whether movable or immovable, of himself or of any other person, against any
act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or
which is an attempt to commit theft, robbery, mischief or criminal trespass.
When an act, which
would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of
understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of
any misconception on the part of that person, every person has the same right of private defence against
that act which he would have if the act were that offence.
(1) There is no right of private
defence, —
(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt,
if done, or attempted to be done, by a public servant acting in good faith under colour of his office,
though that act, may not be strictly justifiable by law;
(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt,
if done, or attempted to be done, by the direction of a public servant acting in good faith under colour
of his office, though that direction may not be strictly justifiable by law;
(c) in cases in which there is time to have recourse to the protection of the public
The right of private
defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of
death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of
any of the descriptions hereinafter enumerated, namely:—
(a) such an assault as may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be
the consequence of such assault;
(c) an assault with the intention of committing rape;
If the offence be not of any
of the descriptions specified in section 38, the right of private defence of the body does not extend to the
voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37,
to the voluntary causing to the assailant of any harm other than death.
The right of private
defence of the body commences as soon as a reasonable apprehension of danger to the body arises from
an attempt or threat to commit the offence though the offence may not have been committed; and it
continues as long as such apprehension of danger to the body continues.
The right of private
defence of property extends, under the restrictions specified in section 37, to the voluntary causing of
death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting
to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter
enumerated, namely: —
(a) robbery;
(b) house-breaking after sunset and before sunrise;
(c) mischief by fire or any explosive substance committed on any building, tent or vessel, which
building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
If the offence, the
committing of which, or the attempting to commit which occasions the exercise of the right of private
defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that
right does not extend to the voluntary causing of death, but does extend, subject to the restrictions
specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.
The right of
private defence of property,—
(a) commences when a reasonable apprehension of danger to the property commences;
(b) against theft continues till the offender has effected his retreat with the property or either the
assistance of the public authorities is obtained, or the property has been recovered;
(c) against robbery continues as long as the offender causes or attempts to cause to any person
death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant
personal restraint continues;
(d) against criminal
If in the exercise of the right of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot effectually exercise that right without
risk of harm to an innocent person, his right of private defence extends to the running of that risk.
A person abets the doing of a thing, who—
(a) instigates any person to do that thing; or
(b) engages with one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the
doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing
to be
A person abets an offence, who abets either the commission of an offence, or the
commission of an act which would be an offence, if committed by a person capable by law of committing
an offence with the same intention or knowledge as that of the abettor.
Explanation 1.---The abetment of the illegal omission of an act may amount to an offence although
the abettor may not himself be bound to do that act.
Explanation 2.---To constitute the offence of abetment it is not necessary that the act abetted should
be committed, or that the effect requisite to constitute the offence should be caused.
(a) A instigates B to murder C. B refuses to do so. A is guilt
A person abets an offence within the meaning of
this Sanhita who, in India, abets the commission of any act without and beyond India which would
constitute an offence if committed in India.
Illustr
A person abets an offence within the meaning of
this Sanhita who, without and beyond India, abets the commission of any act in India which would
constitute an offence if committed in India.
Illustration.
Whoever abets any offence shall, if the act abetted is
committed in consequence of the abetment, and no express provision is made by this Sanhita for the
punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.—An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Whoever abets the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of the abettor, be punished with the punishment provided for
the offence which would have been committed if the act had been done with the intention or knowledge
of the abettor and with no other.
When an act is abetted and
a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as
if he had directly abetted it:
Provided that the act done was a probable consequence of the abetment, and was committed under
the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the
abetment.
If the act
for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute
a distinct offence, the abettor is liable to punishment for each of the offences.
When an act is abetted with the intention on the part of the abettor of causing a particular
effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect
from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the
same extent as if he had abetted the act with the intention of causing that effect, provided he knew that
the act abetted was likely to cause that effect.
Whenever any person, who is absent would be
liable to be punished as an abettor, is present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Whoever abets the
commission of an offence punishable with death or imprisonment for life, shall, if that offence be not
committed in consequence of the abetment, and no express provision is made under this Sanhita for the
punishment of such abetment, be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to fourteen years, and shall also be liable
to fine.
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been
subject to the punishment of death or imprisonment for life. Therefore, A is l
Whoever abets an offence punishable
with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express
provision is made under this Sanhita for the punishment of such abetment, be punished with
imprisonment of any description provided for that offence for a term which may extend to one-fourth part
of the longest term provided for that offence; or with such fine as is provided for that offence, or with
both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the
commission of such offence, the abettor shall be punished with imprisonment of any description provided
for that offence, for a term which may extend to one-half of the longest term provided for that offence, or
with such fine as is provided for the offence, or with both.
Whoever abets the
commission of an offence by the public generally or by any number or class of persons exceeding ten,
shall be punished with imprisonment of either description for a term which may extend to seven years
and with fine.
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of
an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or
by the use of encryption or any other information hiding tool, the existence of a design to commit such
offence or makes any representation which he knows to be false respecting such design shall,.
(a) if that offence be committed, be punished with imprisonment of either description for a term
which may extend to seven years; or.
(b) if the offence be not committed, with imprisonment of either description, for a term which
may extend to three years,
and shall also be liable to fine.
Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby
33
facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily
conceals, by any act or omission or by the use of encryption or any other information hiding tool, the
existence of a design to commit such offence, or makes any representation which he knows to be false
respecting such design shall,—
(a) if the offence be coommitted, be punished with imprisonment of any description provided for
the offence, for a term which may extend to one-half of the longest term of such imprisonment, or
with such fine as is provided for that offence, or with both; or
(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either
description for a term which may ex
Whoever, intending to
facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable
with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to
commit such offence, or makes any representation which he knows to be false respecting such design
shall,—
(a) if the offence be committed, be punished with imprisonment of the description provided for
the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth,
of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
(1) When two or more persons agree with the common object to do, or
cause to be done—
(a) an illegal act; or
(b) an act which is not illegal by illegal means, such an agreement is designated a criminal
conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is
merely incidental to that object.
(2) Whoever is a
Whoever attempts to commit an offence punishable by this Sanhita with
imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt
does any act towards the commission of the offence, shall, where no express provision is made by this
Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided
for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may
be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is
provided for the offence, or with both.
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the
box, that there is no jewel in it. He has done an act towards the c
(1) Whoever, except in the cases provided for in sub-section (2),
commits rape, shall be punished with rigorous imprisonment of either description for a term which shall
not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,---
(a) being a police officer, commits rape,---
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(1) Whoever, commits rape on a woman under sixteen
years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder
of that person's natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remaind
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the
course of such commission inflicts an injury which causes the death of the woman or causes the woman
to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall
not be less than twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, or with death.
Whoever has sexual
intercourse with his own wife, who is living separately, whether under a decree of separation or
otherwise, without her consent, shall be punished with imprisonment of either description for a term
which shall not be less than two years but which may extend to seven years, and shall also be liable to
fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in
clauses (a) to (d) of section 63.
Whoever, being---
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of custody established by or
under any law for the time being in force, or a women's or children's institution; or
(d) on the management of a hospital or being on the staff of a hospital,
abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or
under his charge or present in the premises to have sexual intercourse with him, s
(1) Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committed the
offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the
remainder of that person's natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group
or acting in furtherance of a common int
Whoever has been previously convicted of an offence
punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an
offence punishable under any of the said sections shall be punished with imprisonment for life which
shall mean imprisonment for the remainder of that person’s natural life, or with death.
(1) Whoever prints or publishes the
name or any matter which may make known the identity of any person against whom an offence under
section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71
is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be
punished with imprisonment of either description for a term which may extend to two years and shall also
be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which
may make known the identity of the victim if such printing or publication is—
(a) by or under the order in writing of the officer-in-charge of the police station or the police
officer making the investigation into such offence act
Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an
offence referred to in section 72 without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to two years and shall also be liable to
fine.
Explanation.---The printing or publication of the judgment of any High Court or the Supreme Court
does not amount to an offence within the meaning of this section.
Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will
thereby outrage her modesty, shall be punished with imprisonment of either description for a term which
shall not be less than one year but which may extend to five years, and shall also be liable to fine.
(1) A man committing any of the following acts:---
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of
sub-section (1) shall be punish
Whoever assaults or uses
criminal force to any woman or abets such act with the intention of disrobing or compelling her to be
naked, shall be punished with imprisonment of either description for a term which shall not be less than
three years but which may extend to seven years, and shall also be liable to fine.
Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the vict
(1) Any man who---
(i) follows a woman and contacts, or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic
communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that---
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and dete
Whoever, intending to insult
the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any
form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by
such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment
for a term which may extend to three years, and also with fine.
(1) Where the death of a woman is caused by any burns or bodily injury or
occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.
Every man who
by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to
him and to cohabit or have sexual intercourse with him in that belief, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
(1) Whoever, having a husband or wife
living, marries in any case in which such marriage is void by reason of its taking place during the life of
such husband or wife, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Exception.---This sub-section does not extend to any person whose marriage with such husband or
wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a
marriage during the life of a former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent from such person for the space of seven years,
and shall not have been heard of by such person as being alive within that time provided the person
contracting such subsequent marriage shall, before such marriage takes place, inform the perso
Whoever,
dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he
is not thereby lawfully married, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
Whoever
takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of
any other man, with intent that she may have illicit intercourse with any person, or conceals or detains
with that intent any such woman, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Whoever, being the
husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished
with imprisonment for a term which may extend to three years and shall also be liable to fine.
For the purposes of section 85, “cruelty” means—.
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide
or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
or.
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.
Whoever kidnaps
or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be
compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of
authority or any other method of compulsion, induces any woman to go from any place with intent that
she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with
another person shall also be punishable as aforesaid.
Whoever voluntarily causes a woman with child to miscarry, shall, if
such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both; and, if the woman be quick with child, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
Whoever commits the offence under
section 88 without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
(1) Whoever, with intent to
cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall
be punished with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be
punishable either with imprisonment for life, or with the punishment specified in said sub-section.
Explanation.—It is not essential to this offence that the offender should know that the act is likely to
cause death.
Whoever before the birth of any child does any act with the intention of thereby preventing that child
from being born alive or causing it to die after its birth, and does by such act prevent that child from
being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the
purpose of saving the life of the mother, be punished with imprisonment of either description for a term
which may extend to ten years, or with fine, or with both.
Whoever
does any act under such circumstances, that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn child, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
<
Whoever being the father or mother of a child under the age of twelve years, or having the
care of such child, shall expose or leave such child in any place with the intention of wholly abandoning
such child, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable
homicide, as the case may be, if the child die in consequence of the exposure.
Whoever, by secretly burying or
otherwise disposing of the dead body of a child whether such child die before or after or during its birth,
intentionally conceals or endeavours to conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Whoever hires, employs or
engages any child to commit an offence shall be punished with imprisonment of either description which
shall not be less than three years but which may extend to ten years, and with fine; and if the offence be
committed shall also be punished with the punishment provided for that offence as if the offence has been
committed by such person himself.
Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is
covered within the meaning of this section.
Whoever, by any means whatsoever, induces any child to go from any
place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment
which may extend to ten years, and shall also be liable to fine.
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly
any movable property from the person of such child, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Whoever sells, lets to hire, or otherwise
disposes of any child with intent that such child shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it
to be likely that such child will at any age be employed or used for any such purpose, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
Explanation 1.---When a female under the age of eighteen years is sold, let for hire, or otherwise
disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of
such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that
she shall be used for the purpose of prostitution.
Whoever buys, hires or otherwise obtains
possession of any child with intent that such child shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it
to be likely that such child will at any age be employed or used for any such purpose, shall be punished
with imprisonment of either description for a term which shall not be less than seven years but which
may extend to fourteen years, and shall also be liable to fine.
Explanation 1.—Any prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is
proved, be presumed to have obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.
Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely to cause death, or with the
knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations.
Except in the cases hereinafter excepted, culpable homicide is murder,---
(a) if the act by which the death is caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily injury
as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) if the act by which the death is caused is done with the intention of causing bodily injury to
any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature
to cause death; or
If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor
knows himself to be likely to cause, the culpable homicide committed by the offender is of the
description of which it would have been if he had caused the death of the person whose death he intended
or knew himself to be likely to cause.
(1) Whoever causes death of any person by doing any rash or
negligent act not amounting to culpable homicide, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable to fine; and if such act is
done by a registered medical practitioner while performing medical procedure, he shall be punished with
imprisonment of either description for a term which may extend to two years, and shall also be liable to
fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a
medical practitioner who possesses any medical qualification recognised under the National Medical
Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register
or a State Medical Register under that Act.
(2) Whoever causes death of a
If any child, any person of
unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever
abets the commission of such suicide, shall be punished with death or imprisonment for life, or
imprisonment for a term not exceeding ten years, and shall also be liable to fine.
(1) Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment
for life, or to such punishment as is hereinbefore mentioned.
(2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he
may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the
remainder of that person's natural life.
(a) A shoots at Z with intention to kill him, under such circumstances that, i
Whoever does any act with such intention or
knowledge and under such circumstances that, if he by that act caused death, he would be guilty of
culpable homicide not amounting to murder, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person
by such act, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
A man is said to commit "rape" if he--- Legal Comments Definition - Section 63 defines rape as non-consensual penetration (penis or any object/body part) into vagina, mouth, urethra, or anus, or inducing such penetration - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Essential elements - Penetration; target orifice; lack of consent; non-consensual act; applies across contexts (including with objects) - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Scope - Covers acts of penetration irrespective of victim’s age/status, with explicit exclusions and gender-neutral framing for acts against women; aligns with BNS structure - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Consent standard - Emphasizes non-consensuality and excludes acts where consent was truly present; references to misconception of fact in related sections inform interpretation - [Vikrant Chaudhary VS State of U. P. - 2025 0 Supreme(SC) 983] Penalty framework - BNS sets punishments for rape under Chapter II; Section 64 (punishment) and related provisions govern sentencing; Section 63 cross-referenced for offense establishment - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central] Age/protection nuances - Section 63's reach includes cases involving age considerations (abolition or modification of prior age thresholds reflected in accompanying notes); explicit exceptions/age-based considerations appear in related materials - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Illustrative clarity - The text provides Explanation-like clarifications in amendments, aiding courts in applying the standard of consent and penetration - Comparison to IPC - Section 63 aligns with IPC concepts of rape but is rearticulated in BNS; includes broader scope (foreign objects, non-penile penetration) and modern understandings of consent - , [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Prosecutorial guidance - Clear criteria for proving rape: establish penetration, lack of consent, and the associated circumstances; aids prosecutorial charging and proof in trials - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Jurisdictional reach - BNS applies within India; extraterritorial questions are covered by the broader extraterritorial language in BNS for certain offenses where applicable - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Procedural alignment - Section 63 operates within the BNSS/BNS framework; trials proceed under BNSS procedural structure, with related bail/discharge standards in BNSS case law - [Sukhminder Singh @ Sukhwinder @ Sonu Pehalwan vs State of H.P. - 2025 0 Supreme(HP) 154], [BIPIN HARIBHAI JADAV V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 318] Adjacent provisions - Section 64 (punishment for rape) and other sections (e.g., 65, 66) work in tandem to specify enhanced penalties in aggravated situations (e.g., age, incest, etc.); Section 63 itself establishes the offense element - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Forensic and evidentiary considerations - Given the broad definition, courts rely on corroborative evidence of penetration and consent; electronic/forensic corroboration is consistent with modern practice (linked to electronic evidence standards in evidence acts) - [Malini Jain VS Pankaj Bhutad - Crimes (2026)] Jurisprudential trend - Courts emphasize explicit, principled definitions to reduce ambiguity in rape prosecutions; the reform reflects alignment with human rights standards and victim protection aims - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [Praveen Chetri VS State of U. P. - Crimes (2025)] Public policy - Clear rape definition aims to deter non-consensual sex, provide accountability, and protect victims; supports deterrence and justice objectives in BNSS/BNS reform - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [Praveen Chetri VS State of U. P. - Crimes (2025)] Comparative practicality - The refined rape definition under BNS attempts to close gaps left by IPC-era language, incorporating modern understandings of consent and penetration across scenarios - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Gendered framing and inclusivity - Although rape involves a male offender against a woman in the core definition, the revised framework is oriented toward broader protections and non-discrimination objectives consistent with modern criminal law reform - , [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Legislative context - Section 63 sits within the broader BNS codification, replacing/overhauling previous IPC-based provisions and integrating with the Criminal Procedure and Evidence frameworks - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [Riyas S/o Hussain vs State of Kerala - 2025 0 Supreme(Ker) 2466] Ambit of “consent” concepts - The section interacts with nuanced consent jurisprudence (e.g., misconception of fact doctrines in related cases) impacting how consent is evaluated in prosecutions - [Shiv Pratap Singh Rana VS State of Madhya Pradesh - 2024 5 Supreme 545], [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Alignment with rights-based approach - The specification of rape criteria is intended to enhance victims’ rights, privacy, and dignity in criminal proceedings and foster sensitive judicial handling - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [00500031658] Publication/interpretation caution - Given the recency of BNSS/BNS reforms, courts may rely on official gazette texts and corrigenda to ensure accurate interpretation of Section 63 and its interplay with Section 103/others - [Court on its own Motion VS Union of India - 2024 0 Supreme(Jhk) 690], [Rajiv Vilas Adhikari vs State of Maharashtra, Through Oshiwara Police Station - 2025 0 Supreme(Bom) 1526] Practical caution for practitioners - When charging under BNSS for rape, carefully establish penetration, non-consent, and the precise circumstances; be mindful of the updated definitions and accompanying exceptions - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], Evidence-law integration - Admissibility and evaluation of electronic and other forms of evidence (e.g., 65B E.E. rules) may assist in proving sexual offences under BNSS/BNS; practitioners should align with Section 63 definitions and evidentiary standards - [Malini Jain VS Pankaj Bhutad - Crimes (2026)] Drafting and pleading advice - In indictments or petitions, plead precise facts addressing penetration type, consent status, and context to withstand challenges in discharge or quashing petitions - [Shiv Pratap Singh Rana VS State of Madhya Pradesh - 2024 5 Supreme 545], [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central] Summary takeaway - Section 63 provides a comprehensive, modernized conception of rape under the Bharatiya Nyaya Sanhita, emphasizing penetration, non-consent, and broad applicability, with sentencing and procedural rules to follow under BNSS/BNS - [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.63 : Rape - - Central], [Sukhminder Singh @ Sukhwinder @ Sonu Pehalwan vs State of H.P. - 2025 0 Supreme(HP) 154] Note - This set of bullet points synthesizes the provided sources on Section 63 of the Bharatiya Nyaya Sanhita, 2023. Where specific numerical punishments or exact language vary across sources, the core definitional and doctrinal aspects are highlighted; precise statutory wording should be confirmed from the final published BNSS/BNS texts and gazette notifications.
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(
(1) Whoever does any act with the intent to threaten or likely to threaten the
unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or
likely to strike terror in the people or any section of the people in India or in any foreign country,--- Legal Comments "Scheme" - Introduction to Section 113 (Terrorist act) of Bharatiya Nyaya Sanhita, 2023 (BNS) – sets out acts intended to threaten sovereignty or similar harm; mirrors approach to serious security offences [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.153 : Waging war against Government of any foreign State at peace with Government of India. - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - Chapter.III : GENERAL EXCEPTIONS - Central]. "Scope" - Section 113 covers acts intended to threaten unity or sovereignty and extends to various means, including electronic communication; extraterritorial reach is noted in related commentary on BNS provisions [Section 152; Section 113 cross-references]. "Elements" - Essential ingredients include intentionality, threat to sovereignty/unity, scope to include acts abroad with nexus to India, and use of multiple modes including electronic means [Section 152; 14171~S.509-style synthesis from S.152; 152 commentary]. "Offence type" - Section 113 defines a broadened notion of "terrorist act" within BNS, aligning with contemporary security concerns and superseding older IPC sedition concepts in many contexts [14271~S.113; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.152 : Act endangering sovereignty, unity and integrity of India. - - Central]. "Punishment" - Maximum/typical punishments for terrorist acts under 113 are life imprisonment or up to seven years with fine, depending on the nature and gravitas; precise scales depend on subsections and accompanying offences [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.113 : Terrorist act - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.152 : Act endangering sovereignty, unity and integrity of India. - - Central]. "Criminal procedure alignment" - Section 113 interacts with general sentencing rules; references to sentencing sections (e.g., Section 9 and general punishment framework in BNSS/BNS) imply proportional, justified penalties in multi-offence cases [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - Chapter.III : GENERAL EXCEPTIONS - Central]. "Bail considerations" - Given the gravity of offences under 113, courts are likely cautious on bail; bail decisions in BNSS/BNS cases emphasize balancing liberty with the seriousness of charges and risk of interference with investigations [BIPIN HARIBHAI JADAV V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 318; RAKESH CHAMPAKLAL CYCLEWALA @ MODI V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 57; PATHAN MOHAMADYAKUB @ LAMBU ISMILEKHAN V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 322]. "Burden and proof" - As with most serious offences, prosecution must establish prima facie evidence of the elements including intent and nexus to sovereignty threats; Section 106-type evidentiary concerns are pertinent when linking facts to guilt [Paras 36-46 of IPC/Evidence jurisprudence summaries; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.113 : Terrorist act - - Central]. "Relation to other BNSS/BNS sections" - Section 113 complements other high-severity offences (terrorism, organised crime under Section 111, etc.) and fits into BNSS 2023’s framework of modernized criminalization; cross-references to Sections 111 and 152 illustrate integrated policy aims [Prempal vs State Of U.P. - 2025 0 Supreme(All) 3509; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.153 : Waging war against Government of any foreign State at peace with Government of India. - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - Chapter.III : GENERAL EXCEPTIONS - Central]. "Public policy aim" - The section reflects reformist aims to deter threats to sovereignty and modernize sedition-like provisions within a consolidated code; aligns with broader policy themes of national security and modernization of criminal law [Court on its own Motion VS Union of India - 2024 0 Supreme(Jhk) 690; Badrul vs State of U.P. - 2025 0 Supreme(All) 3479; 04- BNSS/PRS synthesis]. "Legal certainty" - The explicit definitions aim to provide clarity on what constitutes a terrorist act, yet breadth may raise interpretive challenges; courts must balance clarity with safeguarding fundamental rights [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.152 : Act endangering sovereignty, unity and integrity of India. - - Central; 14171~Section 9]. "Remedial/reformative context" - Section 113 is part of a larger paradigm shift under BNS to modernize and strengthen national security law, including organized crime provisions; commentators note ongoing reform and alignment with international norms [PRS India; Decolonisation of IPC]. "Judicial discretion" - Courts retain discretion to assign appropriate punishments and to ensure proportionality, particularly where multiple offences or aggravating factors are present; retrial and appeal avenues under BNSS-BNS also influence outcomes [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central; IDRA @ UDESING KADIYABHAI DAMOR (TAHED) V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 315; Rajiv Vilas Adhikari vs State of Maharashtra, Through Oshiwara Police Station - 2025 0 Supreme(Bom) 1526]. "Illustrative risk of overreach" - Observers caution that broad language in anti-terror provisions can risk chilling effects or misuse against dissent; vigilant judicial scrutiny and adherence to constitutional rights are urged [Balancing Free Speech and National Security; 152 commentary]. "Extrinsic applicability" - For offences committed outside India but with nexus to India, Section 113 may apply, reflecting extraterritorial reach; courts must assess nexus and due process safeguards [Section 152; Court on its own Motion VS Union of India - 2024 0 Supreme(Jhk) 690]. "Practical enforcement note" - Enforcement requires robust evidence of intent and connection to acts threatening sovereignty; prosecutors should build a coherent factual matrix across components of organised or terrorist conduct when invoking 113 [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.153 : Waging war against Government of any foreign State at peace with Government of India. - - Central; Badrul vs State of U.P. - 2025 0 Supreme(All) 3479]. "Interplay with bail jurisprudence" - In serious BNSS/BNS offences including 113, bail is typically the exception; however, recent BNSS decisions reiterate that bail remains a rule in certain contexts, provided conditions and risk assessments are satisfied [BIPIN HARIBHAI JADAV V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 318; PATHAN MOHAMADYAKUB @ LAMBU ISMILEKHAN V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 322; Harish Kumar @ Happy vs State of H.P. - 2025 0 Supreme(HP) 887]. "Interoperability with other offences" - Section 113 content interacts with 111 (organized crime) and sedition-like sections; courts should consider cumulative liability and use of concurrent vs. consecutive sentencing within Section 9 limits [14171~S.111; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central]. "Constitutional alignment" - The 2023 reform framework seeks to balance national security with human rights protections; Section 113 should be interpreted consistent with constitutional guarantees, including freedom of speech and due process [170- general BNSS commentary]. "Key cautionary takeaway" - Section 113 enshrines stern penalties for acts threatening state integrity, but courts must apply it with rigorous proof of intent, nexus, and proportional sentencing; vigilant stewardship is essential to prevent misuse while strengthening security [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.113 : Terrorist act - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central]. Sources (references used in bullet format)- Bharatiya Nyaya Sanhita, 2023 – Section 113 (Terrorist act) analysis and cross-references to 111 (Organised crime) and 152 (Section 152 – general commentary) [BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.9 : Limit of punishment of offence made up of several offences. - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.153 : Waging war against Government of any foreign State at peace with Government of India. - - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - Chapter.III : GENERAL EXCEPTIONS - Central; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.152 : Act endangering sovereignty, unity and integrity of India. - - Central].- General BNSS/BNS bail jurisprudence and Section 483, 482, 439 (Section 439) opinions illustrating bail/detention framework in BNSS/BNS cases [BIPIN HARIBHAI JADAV V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 318; RAKESH CHAMPAKLAL CYCLEWALA @ MODI V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 57; PATHAN MOHAMADYAKUB @ LAMBU ISMILEKHAN V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 322; Harish Kumar @ Happy vs State of H.P. - 2025 0 Supreme(HP) 887].- Comparative and reform-oriented commentary on BNSS/BNS’s modernization of offences, including organized crime and terrorism-related provisions [Prempal vs State Of U.P. - 2025 0 Supreme(All) 3509; Court on its own Motion VS Union of India - 2024 0 Supreme(Jhk) 690; Riyas S/o Hussain vs State of Kerala - 2025 0 Supreme(Ker) 2466; ALI AKBAR S/O MOIDEENKUTTY VS STATE OF KERALA - 2024 0 Supreme(Ker) 825; Badrul vs State of U.P. - 2025 0 Supreme(All) 3479].- Cross-sectional notes on enforcement, extraterritoriality, and policy intent within the BNSS/BNS framework [14171~S.305; BHARATIYA NYAYA SANHITA, 2023 - IPC - BNS - S.331 : Punishment for house-trespass or housebreaking. - - Central; Tempa @ Tempa Sheikh @ Basir Sheikh, s/o. Jhatu Sheikh vs State of Jharkhand - 2026 Supreme(Online)(Jhk) 1341; CHIRAG JAYESHBHAI SIHORA V/s STATE OF GUJARAT - 2025 Supreme(GUJ) 313]. Note: The above points synthesize the provided sources to address Section 113 of the Bharatiya Nyaya Sanhita, 2023. Where sources do not explicitly provide a given detail, the point has intentionally not been included.
(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms
or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance
(whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means
of whatever nature to cause or likely to cause,---
(i) death of, or injury to, any person or persons; or
(ii) loss of
(1) Whoever, being a member of a group or gang, either singly or
jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting
or gambling, selling of public examination question papers or any other similar criminal act, is said to
commit petty organised crime.
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle,
dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming,
shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term
which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
(1) Whoever does any act with the intention of thereby causing
hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does
thereby cause hurt to any person, is said “voluntarily to cause hurt”.
(2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes
hurt, shall be punished with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to ten thousand rupees, or with both.
The following kinds of hurt only are designated as “grievous”, namely:—
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e) Destruction or permanent impairing of the powers of any member or joint;
(f) Permanent disfiguration of the head or face;
(1) Whoever voluntarily causes hurt, if the hurt which he
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes
grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily
to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he
actually causes grievous hurt of another kind.
(1) Whoever,
except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any
animal, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes
grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment
(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any
person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything which is illegal or which may facilitate the commission
of an offence, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be
punished with imprisonment for life, or imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from
any person interested in the sufferer, any confession or any information which may lead to the detection
of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim
or demand, or to give information which may lead to the restoration of any property or valuable security,
shall be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is
guilty of an offence under this section.
(1)
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging
his duty as such public servant or in consequence of anything done or attempted to be done by that person
in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of
his duty as such public servant, or with intent to prevent or deter that person or any other public servant
from discharging his duty as such public servant or in consequence of anything done or attempted to be
done by that person in the lawful discharge of his duty as such public serva
(1) Whoever voluntarily causes
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt
to any person other than the person who gave the provocation, shall be punished with imprisonment of
either description for a term which may extend to one month, or with fine which may extend to five
thousand rupees, or with both.
(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends
nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine which may extend to ten thousand rupees, or with both.
Explanation.---This section is subject to the same proviso as Exception 1 of
Whoever
administers to or causes to be taken by any person any poison or any stupefying, intoxicating or
unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
(1) Whoever causes permanent or
partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body
of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by
using any other means with the intention of causing or with the knowledge that he is likely to cause such
injury or hurt or causes a person to be in a permanent vegetative state shall be punished with
imprisonment of either description for a term which shall not be less than ten years but which may extend
to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of
the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
Whoever does any act so rashly or
negligently as to endanger human life or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to three months or with fine which may
extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five thousand rupees, or with
both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine which may extend to ten thousand rupees, or with
both.
(1) Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.
Exception.—The obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
(1) Whoever wrongfully restrains any person in such a manner as to
prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person..
Illustrations..
(a) A causes Z to go within a walled space, and locks
A person is said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance into contact with any part of that other’s body, or with
anything which that other is wearing or carrying, or with anything so situated that such contact affects
that other’s sense of feeling:
Provided that the person causing the motion, or change of motion, or cessation of motion, causes that
motion, change of motion, or cessation of motion in one of the following three ways, namely:—
(a) by his own bodily power;
(b) by disposing any substance in such a manner that the motion or change or cessation of motion
takes place without any further act
Whoever intentionally uses force to any person, without that person’s
consent, in order to the committing of any offence, or intending by the use of such force to cause, or
knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person
to whom the force is used, is said to use criminal force to that other.
Whoever makes any gesture, or any preparation intending or knowing it to be likely
that such gesture or preparation will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation.—Mere words do not amount to an assault. But the words which a person uses may give
to his gestures or preparation such a meaning as may make those gestures or preparations amount to an
assault.
Whoever
assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with both.
Explanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under
this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in
the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done i
Whoever
assaults or uses criminal force to any person being a public servant in the execution of his duty as such
public servant, or with intent to prevent or deter that person from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by such person in the lawful
discharge of his duty as such public servant, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
Whoever assaults or uses criminal force to any person, intending thereby to dishonour
that person, otherwise than on grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Whoever assaults or
uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine which may
extend to five thousand rupees, or with both.
Whoever assaults or uses criminal force to
any person on grave and sudden provocation given by that person, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to one thousand
rupees, or with both.
Explanation.—This section is subject to the same Explanation as section 131.
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from
lawful guardianship—
(a) whoever conveys any person beyond the limits of India without the consent of that person, or
of some person legally authorised to consent on behalf of that person, is said to kidnap that person
from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the
lawful guardian of such child or person of unsound mind, without the consent of such guardian, is
said to kidnap such child or person from lawful guardianship.
Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted
with the care or custody of such child or other pe
Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
(1) Whoever kidnaps any child or,
not being the lawful guardian of such child, obtains the custody of the child, in order that such child may
be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also
be liable to fine.
(2) Whoever maims any child in order that such child may be employed or used for the purposes of
begging shall be punishable with imprisonment which shall not be less than twenty years, but which may
extend to life which shall mean imprisonment for the remainder of that person
s natural life, and with
fine.
(3) Where any person, not being the lawful guardian of a child employs or uses such child for the
purposes of begging, it shall be presumed, unless the contrary is pr
(1) Whoever kidnaps or
abducts any person in order that such person may be murdered or may be so disposed of as to be put in
danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A kidnaps Z from Ind
Whoever imports into India from any
country outside India any girl under the age of twenty-one years or any boy under the age of eighteen
years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or
seduced to illicit intercourse with another person, shall be punishable with imprisonment which may
extend to ten years and shall also be liable to fine.
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or
confines such person, shall be punished in the same manner as if he had kidnapped or abducted such
person with the same intention or knowledge, or for the same purpose as that with or for which he
conceals or detains such person in confinement.
(1) Whoever, for the purpose of exploitation recruits, transports,
harbours, transfers, or receives a person or persons, by---
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
(f) by inducement, including the giving or receiving of payments or benefits, in or
(1) Whoever, knowingly or having reason to believe that
a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished
with rigorous imprisonment for a term which shall not be less than five years, but which may extend to
ten years, and shall also be liable to fine.
(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such
person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term
which shall not be less than three years, but which may extend to seven years, and shall also be liable to
fine.
Whoever habitually imports, exports, removes, buys, sells, traffics
or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine
Whoever unlawfully compels any person to labour against the
will of that person, shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
(1) Any continuing unlawful activity including kidnapping, robbery,
vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of
persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any
person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime
syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or
by any other unlawful means to obtain direct or indirect material benefit including a financial benefit,
shall constitute organised crime.
Explanation.---For the purposes of this sub-section,---
(i)"organised crime syndicate" means a group of two or more persons who, acting either singly
or jointly
If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. Here is a concise legal commentary on Section 108 of the Bharatiya Nyaya Sanhita, 2023, based on the provided sources. Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, codifies the offence of abetment of suicide. It is the direct successor to Section 306 of the Indian Penal Code (IPC), 1860. The provision criminalizes the act of encouraging, instigating, or intentionally aiding another person to take their own life. The jurisprudence surrounding this section emphasizes that mere unhappiness, family disputes, or emotional writings are insufficient to establish criminal liability; the prosecution must prove a positive act of instigation or intentional aid with a clear mens rea (guilty mind). Section 108 of the BNS, 2023 states: "If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." [Source: Bare Act Text] The definition of "abetment" is provided by Section 45 of the BNS (formerly Section 107 IPC), which includes:1. Instigating a person to do that thing.2. Engaging in a conspiracy for the doing of that thing.3. Intentionally aiding, by any act or illegal omission, the doing of that thing. To establish an offence under Section 108, the prosecution must prove the following: The scope of Section 108 is carefully circumscribed by the courts to prevent its misuse. It does not cover: The punishment for abetment of suicide under Section 108 of the BNS, 2023 is:- Imprisonment: Up to ten years.- Fine: The accused is also liable to a fine. The offence is classified as cognizable, non-bailable, and triable by a Court of Session.Legal Commentary on Section 108 of the Bharatiya Nyaya Sanhita, 2023
Introduction
What Section 108 Says
Essential Ingredients
Scope of Section
Punishment for Section 108
Legal Comments
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