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The Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023

[No. 45 of 2023]

[25th December, 2023.]

Contents



The Bharatiya Nyaya Sanhita, 2023

Sections

Particulars

Chapter I

Preliminary

1.

Short title, commencement and application

2.

Definitions

3.

General explanations

Chapter II

Of Punishments

4.

Punishments

5.

Commutation of sentence

6.

Fractions of terms of punishment

7.

Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

8.

Amount of fine, liability in default of payment of fine, etc

9.

Limit of punishment of offence made up of several offences

10.

Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which

11.

Solitary confinement

12.

Limit of solitary confinement

13.

Enhanced punishment for certain offences after previous conviction

Chapter III

General Exceptions

14.

Act done by a person bound, or by mistake of fact believing himself bound, by law

15.

Act of Judge when acting judiciall

16.

Act done pursuant to judgment or order of Court

17.

Act done by a person justified, or by mistake of fact believing himself justified, by law

18.

Accident in doing a lawful act

19.

Act likely to cause harm, but done without criminal intent, and to prevent other harm

20.

Act of a child under seven years of age

21.

Act of a child above seven and under twelve years of age of immature understanding

22.

Act of a person of unsound mind

23.

Act of a person incapable of judgment by reason of intoxication caused against his will

24.

Offence requiring a particular intent or knowledge committed by one who is intoxicated

25.

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

26.

Act not intended to cause death, done by consent in good faith for person's benefit

27.

Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian

28.

Consent known to be given under fear or misconception

29.

Exclusion of acts which are offences independently of harm caused

30.

Act done in good faith for benefit of a person without consent

31.

Communication made in good faith

32.

Act to which a person is compelled by threats

33.

Act causing slight harm

34.

Things done in private defence

35.

Right of private defence of body and of property

36.

Right of private defence against act of a person of unsound mind, etc

37.

Acts against which there is no right of private defence

38.

When right of private defence of body extends to causing death

39.

When such right extends to causing any harm other than death

40.

Commencement and continuance of right of private defence of body

41.

When right of private defence of property extends to causing death

42.

When such right extends to causing any harm other than death

43.

Commencement and continuance of right of private defence of property

44.

Right of private defence against deadly assault when there is risk of harm to innocent person

Chapter IV

Of Abetment, Criminal Conspiracy and Attempt

45.

Abetment of a thing

46.

Abettor

47.

Abetment in India of offences outside India

48.

Abetment outside India for offence in India

49.

Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

50.

Punishment of abetment if person abetted does act with different intention from that of abettor

51.

Liability of abettor when one act abetted and different act done

52.

Abettor when liable to cumulative punishment for act abetted and for act done

53.

Liability of abettor for an effect caused by act abetted different from that intended by abettor

54.

Abettor present when offence is committed

55.

Abetment of offence punishable with death or imprisonment for life

56.

Abetment of offence punishable with imprisonment

57.

Abetting commission of offence by public or by more than ten persons

58.

Concealing design to commit offence punishable with death or imprisonment for life

59.

Public servant concealing design to commit offence which it is his duty to prevent

60.

Concealing design to commit offence punishable with imprisonment

61.

Criminal conspiracy

62.

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Chapter V

Of Offences Against Woman and Child

63.

Rape

64.

Punishment for rape

65.

Punishment for rape in certain cases

66.

Punishment for causing death or resulting in persistent vegetative state of victim

67.

Sexual intercourse by husband upon his wife during separation

68.

Sexual intercourse by a person in authority

69.

Sexual intercourse by employing deceitful means, etc

70.

Gang rape

71.

Punishment for repeat offenders

72.

Disclosure of identity of victim of certain offences, etc

73.

Printing or publishing any matter relating to Court proceedings without permission

74.

Assault or use of criminal force to woman with intent to outrage her modesty

75.

Sexual harassment

76.

Assault or use of criminal force to woman with intent to disrobe

77.

Voyeurism

78.

Stalking

79.

Word, gesture or act intended to insult modesty of a woman

80.

Dowry death

81.

Cohabitation caused by man deceitfully inducing belief of lawful marriage

82.

Marrying again during lifetime of husband or wife

83.

Marriage ceremony fraudulently gone through without lawful marriage

84.

Enticing or taking away or detaining with criminal intent a married woman

85.

Husband or relative of husband of a woman subjecting her to cruelty

86.

Cruelty defined

87.

Kidnapping, abducting or inducing woman to compel her marriage, etc

88.

Causing miscarriage

89.

Causing miscarriage without woman's consent

90.

Death caused by act done with intent to cause miscarriage

91.

Act done with intent to prevent child being born alive or to cause to die after birth

92.

Causing death of quick unborn child by act amounting to culpable homicide

93.

Exposure and abandonment of child under twelve years of age, by parent or person having care of it

94.

Concealment of birth by secret disposal of dead body

95.

Hiring, employing or engaging a child to commit an offence

96.

Procuration of child

97.

Kidnapping or abducting child under ten years of age with intent to steal from its person

98.

Selling child for purposes of prostitution, etc

99.

Buying child for purposes of prostitution, etc

Chapter VI

Of Offences Affecting The Human Body

100.

Culpable homicide

101.

Murder

102.

Culpable homicide by causing death of person other than person whose death was intended

103.

Punishment for murder

104.

Punishment for murder by life-convict

105.

Punishment for culpable homicide not amounting to murder

106.

Causing death by negligence

107.

Abetment of suicide of child or person of unsound mind

108.

Abetment of suicide

109.

Attempt to murder

110.

Attempt to commit culpable homicide

111.

Organised crime

112.

Petty Organized crime

113.

Terrorist act

114.

Hurt

115.

Voluntarily causing hurt

116.

Grievous hurt

117.

Voluntarily causing grievous hurt

118.

Voluntarily causing hurt or grievous hurt by dangerous weapons or means

119.

Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act

120.

Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property

121.

Voluntarily causing hurt or grievous hurt to deter public servant from his duty

122.

Voluntarily causing hurt or grievous hurt on provocation

123.

Causing hurt by means of poison, etc., with intent to commit an offence

124.

Voluntarily causing grievous hurt by use of acid, etc

125.

Act Endangering life or personal safety of others

126.

Wrongful restraint

127.

Wrongful confinement

128.

Force

129.

Criminal force

130.

Assault

131.

Punishment for assault or criminal force otherwise than on grave provocation

132.

Assault or criminal force to deter public servant from discharge of his duty

133.

Assault or criminal force with intent to dishonor person, otherwise than on grave provocation

134.

Assault or criminal force in attempt to commit theft of property carried by a person

135.

Assault or criminal force in attempt to wrongfully confine a person

136.

Assault or criminal force on grave provocation

137.

Kidnapping

138.

Abduction

139.

Kidnapping or maiming a child for purposes of begging

140.

Kidnapping or abducting in order to murder or for ransom, etc

141.

Importation of girl or boy from foreign country

142.

Wrongfully concealing or keeping in confinement, kidnapped or abducted person

143.

Trafficking of person

144.

Exploitation of a trafficked person

145.

Habitual dealing in slaves

146.

Unlawful compulsory labour

Chapter VII

Of Offences Against The State

147.

Waging, or attempting to wage war, or abetting waging of war, against Government of India

148.

Conspiracy to commit offences punishable by section 147

149.

Collecting arms, etc., with intention of waging war against Government of India

150.

Concealing with intent to facilitate design to wage war

151.

Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power

152.

Act endangering sovereignty, unity and integrity of India

153.

Waging war against Government of any foreign State at peace with Government of India

154.

Committing depredation on territories of foreign State at peace with Government of India

155.

Receiving property taken by war or depredation mentioned in sections 153 and 154

156.

Public servant voluntarily allowing prisoner of State or war to escape

157.

Public servant negligently suffering such prisoner to escape

158.

Aiding escape of, rescuing or harbouring such prisoner

Chapter VIII

Of Offences Relating to The Army, Navy and Air Force

159.

Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

160.

Abetment of mutiny, if mutiny is committed in consequence thereof

161.

Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

162.

Abetment of such assault, if assault committed

163.

Abetment of desertion of soldier, sailor or airman

164.

Harbouring deserter

165.

Deserter concealed on board merchant vessel through negligence of master

166.

Abetment of act of insubordination by soldier, sailor or airman

167.

Persons subject to certain Acts

168.

Wearing garb or carrying token used by soldier, sailor or airman

Chapter IX

Of Offences Relating to Elections

169.

Candidate, electoral right defined

170.

Bribery

171.

Undue influence at elections

172.

Personation at elections

173.

Punishment for bribery

174.

Punishment for undue influence or personation at an election

175.

False statement in connection with an election

176.

Illegal payments in connection with an election

177.

Failure to keep election accounts

Chapter X

Of Offences Relating to Coin, Currency-Notes, Bank-Notes, and Government Stamps

178.

Counterfeiting coin, Government stamps, currency-notes or bank-notes

179.

Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes

180.

Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes

181.

Making or Possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes

182.

Making or Using documents resembling currency-notes or bank-notes

183.

Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

184.

Using Government stamp known to have been before used

185.

Erasure of mark denoting that stamp has been used

186.

Prohibition of Fictitious stamps

187.

Person employed in mint causing coin to be of different weight or composition from that fixed by law

188.

Unlawfully taking coining instrument from mint

Chapter XI

Of Offences Against The Public Tranquillity

189.

Unlawful assembly

190.

Every member of unlawful assembly guilty of offence committed in prosecution of common object

191.

Rioting

192.

Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed

193.

Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place

194.

Affray

195.

Assaulting or Obstructing public servant when suppressing riot, etc

196.

Promoting Enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

197.

Imputations, Assertions prejudicial to national integration

Chapter XII

Of Offences by or Relating to Public Servants

198.

Public servant disobeying law, with intent to cause injury to any person

199.

Public servant disobeying direction under law

200.

Punishment for nontreatment of victim

201.

Public servant framing an incorrect document with intent to cause injury

202.

Public servant unlawfully engaging in trade

203.

Public servant unlawfully buying or bidding for property

204.

Personating a public servant

205.

Wearing garb or carrying token used by public servant with fraudulent intent

Chapter XIII

Of Contempts of The Lawful Authority of Public Servants

206.

Absconding to avoid service of summons or other proceeding

207.

Preventing service of summons or other proceeding, or preventing publication thereof

208.

Nonattendance in obedience to an order from public servant

209.

Nonappearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023

210.

Omission to Produce document or electronic record to public servant by person legally bound to produce it

211.

Omission to give notice or information to public servant by person legally bound to give it

212.

Furnishing False information

213.

Refusing oath or affirmation when duly required by public servant to make it

214.

Refusing to answer public servant authorised to question

215.

Refusing to sign statement

216.

False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

217.

False information, with intent to cause public servant to use his lawful power to injury of another person

218.

Resistance to taking of property by lawful authority of a public servant

219.

Obstructing sale of property offered for sale by authority of public servant

220.

Illegal purchase or bid for property offered for sale by authority of public servant

221.

Obstructing public servant in discharge of public functions

222.

Omission to assist public servant when bound by law to give assistance

223.

Disobedience to order duly promulgated by public servant

224.

Threat of injury to public servant

225.

Threat of injury to induce person to refrain from applying for protection to public servant

226.

Attempt to commit suicide to compel or restrain exercise of lawful power

Chapter XIV

Of False Evidence and Offences Against Public Justice

227.

Giving false evidence

228.

Fabricating false evidence

229.

Punishment for false evidence

230.

Giving or Fabricating false evidence with intent to procure conviction of capital offence

231.

Giving or Fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

232.

Threatening any person to give false evidence

233.

Using evidence known to be false

234.

Issuing or signing false certificate

235.

Using as true a Certificate known to be false

236.

False Statement made in declaration which is by law receivable as evidence

237.

Using as true such declaration knowing it to be false

238.

Causing Disappearance of evidence of offence, or giving false information to screen offender

239.

Intentional omission to give information of offence by person bound to inform

240.

Giving false information respecting an offence committed

241.

Destruction of document or electronic record to prevent its production as evidence

242.

False Personation for purpose of act or proceeding in suit or prosecution

243.

Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

244.

Fraudulent claim to property to prevent its seizure as forfeited or in execution

245.

Fraudulently Suffering decree for sum not due

246.

Dishonestly making false claim in Court

247.

Fraudulently Obtaining decree for sum not due

248.

False charge of offence made with intent to injure

249.

Harbouring offender

250.

Taking gift, etc., to screen an offender from punishment

251.

Offering gift or restoration of property in consideration of screening offender

252.

Taking gift to help to recover stolen property, etc

253.

Harbouring offender who has escaped from custody or whose apprehension has been ordered

254.

Penalty for Harbouring robbers or dacoits

255.

Public servant Disobeying direction of law with intent to save person from punishment or property from forfeiture

256.

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

257.

Public servant in judicial proceeding corruptly making report, etc., contrary to law

258.

Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

259.

Intentional omission to apprehend on part of public servant bound to apprehend

260.

Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed

261.

Escape from Confinement or custody negligently suffered by public servant

262.

Resistance or obstruction by a person to his lawful apprehension

263.

Resistance or obstruction to lawful apprehension of another person

264.

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

265.

Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for

266.

Violation of condition of remission of punishment

267.

Intentional insult or interruption to public servant sitting in judicial proceeding

268.

Personation of assessor

269.

Failure by person released on bail bond or bond to appear in Court

Chapter XV

Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals

270.

Public nuisance

271.

Negligent act likely to spread infection of disease dangerous to life

272.

Malignant act likely to spread infection of disease dangerous to life

273.

Disobedience to quarantine rule

274.

Adulteration of food or drink intended for sale

275.

Sale of noxious food or drink

276.

Adulteration of drugs

277.

Sale of adulterated drugs

278.

Sale of drug as a different drug or preparation

279.

Fouling water of public spring or reservoir

280.

Making Atmosphere noxious to health

281.

Rash driving or riding on a public way

282.

Rash navigation of vessel

283.

Exhibition of false light, mark or buoy

284.

Conveying person by water for hire in unsafe or overloaded vessel

285.

Danger or obstruction in public way or line of navigation

286.

Negligent conduct with respect to poisonous substance

287.

Negligent conduct with respect to fire or combustible matter

288.

Negligent conduct with respect to explosive substance

289.

Negligent conduct with respect to machinery

290.

Negligent conduct with respect to pulling down, repairing or constructing buildings, etc

291.

Negligent conduct with respect to animal

292.

Punishment for public nuisance in cases not otherwise provided for

293.

Continuance of nuisance after injunction to discontinue

294.

Sale, etc., of obscene books, etc

295.

Sale, etc., of Obscene objects to child

296.

Obscene acts and songs

297.

Keeping lottery office

Chapter XVI

Of Offences Relating to Religion

298.

Injuring or defiling place of worship with intent to insult religion of any class

299.

Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

300.

Disturbing Religious assembly

301.

Trespassing on burial places, etc

302.

Uttering words, etc., with deliberate intent to wound religious feelings of any person

Chapter XVII

Of Offences Against Property

303.

Theft

304.

Snatching

305.

Theft in a dwelling house, or means of transportation or place of worship, etc

306.

Theft by clerk or servant of property in possession of master

307.

Theft after preparation made for causing death, hurt or restraint in order to committing of theft

308.

Extortion

309.

Robbery

310.

Dacoity

311.

Robbery, or dacoity, with attempt to cause death or grievous hurt

312.

Attempt to Commit robbery or dacoity when armed with deadly weapon

313.

Punishment for belonging to gang of robbers, etc

314.

Dishonest Misappropriation of property

315.

Dishonest Misappropriation of property possessed by deceased person at the time of his death

316.

Criminal breach of trust

317.

Stolen property

318.

Cheating

319.

Cheating by personation

320.

Dishonest or Fraudulent removal or concealment of property to prevent distribution among creditors

321.

Dishonestly or Fraudulently preventing debt being available for creditors

322.

Dishonest or Fraudulent execution of deed of transfer containing false statement of consideration

323.

Dishonest or Fraudulent removal or concealment of property

324.

Mischief

325.

Mischief by killing or maiming animal

326.

Mischief by injury, inundation, fire or explosive substance, etc

327.

Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden

328.

Punishment for Intentionally running vessel aground or ashore with intent to commit theft, etc

329.

Criminal trespass and house-trespass

330.

House-trespass and housebreaking

331.

Punishment for house-trespass or housebreaking

332.

House-trespass in order to commit offence

333.

House-trespass After preparation for hurt, assault or wrongful restraint

334.

Dishonestly breaking open receptacle containing property

Chapter XVIII

Of Offences Relating to Documents and to Property Marks

335.

Making a false document

336.

Forgery

337.

Forgery of record of Court or of public register, etc

338.

Forgery of Valuable security, will, etc

339.

Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine

340.

Forged document or electronic record and using it as genuine

341.

Making or Possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338

342.

Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material

343.

Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

344.

Falsification of accounts

345.

Property mark

346.

Tampering with property mark with intent to cause injury

347.

Counterfeiting a property mark

348.

Making or possession of any instrument for counterfeiting a property mark

349.

Selling goods marked with a counterfeit property mark

350.

Making a false mark upon any receptacle containing goods

Chapter XIX

Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc

351.

Criminal intimidation

352.

Intentional insult with intent to provoke breach of peace

353.

Statements conducing to public mischief

354.

Act caused by inducing person to believe that he will be rendered an object of Divine displeasure

355.

Misconduct in public by a drunken person

356.

Defamation

357.

Breach of contract to attend on and supply wants of helpless person

Chapter XX

Repeal and Savings

358.

Repeal and savings


The Bharatiya Nyaya Sanhita, 2023

[No. 45 of 2023]

[25th December, 2023.]

An Act to consolidate and amend the provisions relating to offences and for matters…

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