BNS Lecture 1 Section 1

Introductionto BNS 2023
What is Crime
Elements of Crime
Stages of Crime
Territorial Operation
By : Md Kasif Khan
BALLB, LLM, PhD Pursuing
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Bhartiya Nyaya Sanhita, 2023
The Act is intended to overhaul the Indian legal system and establish a “Justice system based
on Indian thinking”.
These Laws Focus on Justice rather than Punishment.
“Sab Ke Saath Samaan Vyavhar” is the key theme.
They will ensure Victim Centric Justice.
The soul of new laws is Nyaya, Samaanta aur Nishpakshata.
Date of Enactment: 25th December, 2023

Date of Enforcement: 1st July, 2024.
Preamble: An Act to consolidate and amend the provisions relating to offences and for matters
connected therewith or incidental thereto.
Introduced by: Union Home Minister Amit Shah.
Ministry: Home Affairs.
.
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Major Changes in BNS, 2023
1.Total 358 sections in
2 nd Version the first version was having 356.
2.Lesser punishment to doctors for causing death by negligence.
3.Harsh penalties for 'hit and run' cases. [Section 106(2)]
4.Terrorist Act' is defined as a separate offence. [Section 113]
5.The offence of 'sedition' omitted. Sec.152 inserted which punish the act
endangering sovereignty, unity and integrity of India.
6.'Mob lynching' has been made a separate offence. [Section 103]
7.No provision of Adultery and offence of Unnatural sex as suggested by
committee.
8.Community Service added as new punishment.
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What is Crime?
There are lots of evil in our society, one among them is crime. An act
or behaviour that harms others and society in general is crime.
Stephan: Crime is an act forbidden by law and which is at the same Crime
time revolting to the moral sentiments of the society.
Blackstone: A crime is an act committed or omitted in violation of a
public law forbidding or commanding it. Offence
What is Offence?
Bentham: Offences are whatever the legislature has prohibited for
good behaviour or for bad reasons.
Section 2(24) of BNS: Denotes thing punishable by Sanhita or Special
and Local Law.
Elements of crime
1. A human being or a person [Section 2(26)]
There must be a human being under a legal obligation to act in a particular way, and it
must also be capable of being punished.
2. Evil intent (mens res)
Mens rea refers to the mental element that is necessary for a particular crime. Any
wrongful act committed by a human being cannot be called a crime if committed without
evil intent.
3. Act or omission (actus reus)
The criminal intent to be punishable must be obvious in some voluntary act [Section
2(33)] or omission [Section 2(25)]. As per Kenny, ‘actus reus’ is such a result of human
conduct as the law seeks to prevent. The act committed must be one that is forbidden or
punished by the law. An omission is defined as failure to perform a specific act which a
person have duty to perform.
4. Injury to another person
‘Injury’ has been defined in section 2(14) of the BNS as ‘any harm whatever illegally
caused to any person in body, mind, reputation or property.
Maxims of Criminal law
Acts non facit ream nisi mens sit rea: It means that the act itself does not make a
man guilty unless his intentions are so.
Actus me invitio factus non est mens actus: It means that an act done by me
against my will is not my act at all.
In Sherras v. De Rutzen the court held that in every statute mens rea is to be
implied unless the contrary is shown.
In R. v. Prince the court drew a distinction between acts that were themselves
innocent but were made punishable by statute (malum prohibitum) and acts that
were intrinsically wrong (malum in se).
Malum prohibitum: There can be no conviction in absence of mens rea.
Malum in se: A person can be convicted even in absence of mens rea unless the
statute has made it otherwise.

In Queen v. Tolson the court acquitted lady on the ground of her
innocent. She got marriage after full inquiry. But Court also accepted
that by statute mens rea may be excluded.
In State of Maharashtra v. M.H. George the Supreme Court did not
apply the maxim and applied the strict liability principle and convicted
the accused.
Common law has following recognized exceptions to the general

principle of mens rea :-
(1) Criminal Libel (2) Public Nuisance (3) Contempt of Court
(4) Abduction/Kidnapping (5) Bigamy (6) Waging war
(7) Sexual Harrasment (8) Rape (9) Selling of Obscene Books
(10) Essential Commodities Act, 1955 (11) Motor Vehicles Act, 1988.

Stages of Crime
If a person commits a crime voluntarily, it involves four important stages, viz.
(1) Intention of Contemplation
(2) Preparation;
(3) Attempt; and
(4) Commission of Crime or accomplishment/execution.
Intention: The intention is the first stage of any offense and is known as the mental
or psycho stage. Mere intention shall not constitute a crime, as it is almost impossible
to know the intentions of a person. As the famous saying goes “the devil himself
knoweth not the intention of a man”.
Preparation – Generally preparation is also not punishable. But there are some
exceptional cases when at the stage of preparation; offence is punishable, namely,
i) Collecting arms, etc., with intention of waging war against Government of
India. (Section 149)
ii) Making or possessing instruments or materials for forging or counterfeiting
coin, Government stamp, currency-notes or bank-notes. Section 181.
iii) Making preparation to commit dacoity Section 310(4).

(3) Attempt – There exists a very thin line of distinction between the preparation
of a crime and an attempt to commit the same. It may be defined as an action in
furtherance of the intention and preparation of a person to commit a crime. If no
specific provision for punishment is given for attempt of any offence in BNS then
section 62 shall apply.
• Section 147 – Attempt to wage a war;
• Section 159 – Attempt to seduce a soldier, sailor or airman from his duty;
• Section 109 – Attempt to murder;
• Section 110 – Attempt to culpable homicide;
• Section 124(2) – Attempt to throw acid;
• Section 135 – Attempt to wrongfully confine a person;
(4) Execution of Offence – When an offender achieved his desired goal i.e. called
execution of an offence.
PRELIMINARY [Chapter 1, Sections 1]
Section 1: Short title, commencement and application.
(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be appointed for
different provisions of this Sanhita.
Intra-territorial operation of the BNS.
Section 1(3) provides that 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.
Case: Mobarak Ali Ahmed v. State of Bombay (1957)
Exceptions: Head of Foreign Government. Ambassadors and Diplomats, UN
Representative, Foreign Army, President and Governor of India

Extra-territorial operation of the BNS.
Section 1 clause (4) and (5) with extra-territorial operation of the BNS
Section 1(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.
Section 1(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting a
computer resource located in India.
Explanation. In this section, the word “offence” includes every act committed outside India
which, if committed in India, would be punishable under this Sanhita.
Illustration, A, who is a citizen of India, commits a murder in any place without and
beyond India. He can be tried and convicted of murder in any place in India in
which he may be found.
In Jitender Panchal v. Narcotics Control Bureau, (2009) the Supreme Court held
that if the accused has faced the trial in a foreign country for an offence he may be
tried in India for an offence separate and distinct from the previous one charged in a
foreign country. Subsequent trial shall not be hit by prohibition of double jeopardy.
Section 1(6) state that Nothing in this Sanhita shall affect the provisions of any Act
for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the
service of the Government of India or the provisions of any special or local law.

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Introductionto BNS 2023

Date of Enactment: 25th December, 2023

For study materials :- [email protected]

For study materials :- [email protected]

Common law has following recognized exceptions to the general

Call/WhatsApp us: 8337828246

For study materials :- [email protected]

Call/WhatsApp us: 8337828246

Call/WhatsApp us: 8337828246

Follow on Instagram Page: KRK Law Classes

For study materials :- [email protected]

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