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…