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“NK Key Notes”

Bharatiya Nyaya Sanhite

Prepared as per the syllabus prescribed by
Karnataka State Law University (KSLU), Hubballi

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• Syllabus
UNIT CONTENT PAGE
NO.
I General Principles of Crime; Conceptions of Crime; Distinction
between Crime, Morality and other wrongs.
Principles of criminal liability – Actus reus and mens rea and
other related maxims, Variations in liability Mistake, intoxication,
compulsion, legally abnormal person; Possible parties to the
crime, State obligation to detect/punish.
Historical background, Extent and Operation of Bharatiya Nyaya
Sanhita; Definitions and General explanation (Ss 2-3); Trends
towards Gender Neutrality, Punishments-Community Services (Ss
4- 13); Commutation, Amount of Fine, Liability in default of
payment of fine, Solitary Confinement, General exceptions (Ss
14-44).

Inchoate Crimes- Abetment, Abetment of offence by a person

II outside India (Ss45-60); Criminal Conspiracy (S.61); Attempt
(S.62);Offences against women Rape and other sexual offences,
sexual intercourse by employing deceitful means (Ss63-73),
Criminal force and assault against women(Ss74-79), Offences
relating to marriage-Dowry Death (S.80), Bigamy (S.82) & Cruelty
(S.85 & S.86), Kidnapping (S. 87); Offences against child (Ss91-
97).

Offences against the Human Body Offences affecting life

III Culpable Homicide, Mob lynching (Ss 100, 102, 103, 105, 110),
Murder, Hit and Run Cases, causing death by rash or negligent
act (Ss 101, 104, 106, 109), Suicide(Ss 107 108); Organized crimes
(Ss 111 112), Terrorist Act (S.113); Hurt, Grievous Hurt resulting
in vegetative state or permanent disability (Ss 114-125);
Wrongful Restraint and confinement (Ss126-127) Criminal force
and assault (Ss128-136); Kidnapping, Including Kidnapping for
beggary, abduction, slavery and forced labour (Ss137-146).
Offences against State Waging of attempting to wage war against
IV the Government of India, Acts endangering sovereignty, unity
and integrity of India (S4147-156, Offices noting to elections,
Com, Currency notes etc. (Sa 168-18K) Offences against public
tranquility Unlawful Assembly, Rioting. Affray, Promoting enmity
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between groups on the grounds of religion etc., stations,
assertions prejudicial to national integration (Sa189-190g
Offences against public Justice False/fabricating evidence,
Destruction of evidence, Harboring of Offender (Se 227- 218
Public Nuisance (Sec 270-271); Mischief and Criminal Trespass (is
324-334); Forgery Offences relating to property marks (Rs. 335-
344)
Offences against Property Theft, Snatching (354 343-307),
V Extortion (5.308), Robbery (5 309 & 3131, Dacoity(Ss310-3121,
Criminal misappropriation of property (54314-315), Criminal
breach of must (S. 316), Receiving stolen property (5.317),
Cheating(318 -30% Definition, Criminal intimidation, Insult.
Annoyance, etc. 351-356

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UNIT-I
Syllabus
Historical background, Extent and Operation of Bharatiya Nyaya Sanhita;
Definitions and General explanation (Ss 2-3); Trends towards Gender Neutrality,
Punishments-Community Services (Ss 4- 13); Commutation, Amount of Fine,
Liability in default of payment of fine, Solitary Confinement, General exceptions (Ss
14-44).

• PYQ
1. What is crime? Explain the difference between crime and tort ? And its
stages.
2. Define crime and state the essentials of crime.
3. “Actus non-facet rum nisi mens sit rea”
4. Discuss the factor responsible for variation in liability in criminal offence.
5. What are the possible parties to crime ******
6. Explain the territorial and extra territorial jurisdiction of Bharatiya nyaya
sanhita/ Indian penal code (2020, 2018) with exceptions.?
7. Public servant?
8. Explain the various types of punishments to which offenders are liable
under BNS/IPC.
9. Explain the nature of mistake of fact and mistake of law and state the
exemption to a person from criminal liability.
10.Discuss the right of private defense. When does it extends to causing death
while defending the body.

• General Principles of Crime

– Concept of Crime
– Distinction between Crime and other wrongs under common Law.

• Conceptions of Crime Or Meaning or definition

• According to Glanville Williams "a crime is a legal wrong that can be followed
by criminal proceedings which may result in punishment”.
• Professor Kenny defined crimes in the following terms: “Crime is a harmful
human conduct that sovereign desires to prevent.”

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• Difference between crime and tort

• Stages of Crime:
Intention-
• Intention is the first stage in the commission of an offence.
• But the law does not take notice of an intention, mere intention to commit an
offence not followed by any act, cannot constitute an offence.
Preparation-
• It means to arrange the necessary measures for the commission of the
intended criminal act.
• Intention alone or the intention followed by a preparation is not
enough to constitute the crime.
• However, there are exceptions to this rule. For certain offences, even the
preparation is made punishable.
Attempt-
• Attempt is the direct movement towards the commission of a crime after
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the preparation is made.
• As person may be guilty.

Accomplishment or Completion-
• The last stage in the commission of an offence is its accomplishment or
completion.
• If the accused succeeds in his attempt to commit the crime, he will be guilty
of the complete offence and if his attempt is unsuccessful, he will be guilty of
an attempt only.

• Principles of crime:
• Ingredients Of Crime or essential elements of crime:
 Human Being
 Mens Rea (Guilty Mind)
 Actus Reus (Guilty Act or Omission)
 Injury

• Human Being
• The first ingredient required for a crime is that the unlawful act must be done
by a human.

• Mens Rea (Guilty Mind)

• The second significant ingredient of the crime is mens rea or evil mind or
intentions.
• This is based on the maxim, “actus non facit reum nisi mens sit rea” which
means guilty acts and guilty intentions together comprise crime.
• Every crime requires a mental element or ingredient which is considered as
the basic principle of criminal liability.
• Therefore, no person can be punished in a criminal proceeding unless it can
be shown that he had a guilty mind.

• Actus Reus (Guilty Act or Omission)

• The third essential ingredient of crime is Actus Reus or Guilty Act.
• This term (Actus Reus) was first used by Prof.Kenny.
• In criminal law, along with mens rea, it’s important to prove the actus reusof

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the accused in order to convict him for an offence.

• Injury
• The fourth requirement for the commission of crime is Injury.
• This injury could be to a specific person or society as a whole.
• Section 2(14) 0f the BNS /44 of Indian Penal Code (IPC) 1860, describes that
the injury caused should be done illegally by the offender and could be to the
body, mind, reputation or property of the person.

Actus non facit reum nisi mens sit rea

• As a result, every crime has two components, a physical element and a
mental aspect, i.e. actus reus and mens rea respectively.
• Mens rea is the source of the Latin maxim actus non facitreum nisi mens sit
rea.
• Actus non facitreum nisi mens sit rea clarifies the application of mens rea in
criminal law
• It means that there can’t be a crime without a criminal mind.
• It asserts that a person is only guilty of committing a crime if the conduct is
done with the purpose to commit a crime.
• This maxim is used to judge whether certain conduct is illegal or not.
• Crimes done with a particular intent, rather than unforeseen or inadvertent
acts, are subject to harsher penalties.

• Variations in liability:
 Mistake,
 Intoxication,
 Compulsion,
 Legally abnormal persons

• Mistake
• Section (IPC 76 & 79 BNS 14&17) deals with mistake of Fact as a defence to
the offence.
• According to this exception, a person can be excluded from conviction if the
act done by him was not intended i.e., the accused had no mens rea to
perform that act.
• This defence is mostly provided when proof of intention or foresight is
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unnecessary.
• Also, although an act may not be justified by law, yet if it is done under a
mistake of fact, in good faith under the belief that it is justified by law will not
be an offence.
• The question of good faith is always a question of fact to be determined in
accordance with the proven facts and circumstances of each case.
• In a landmark English case of To son, where a woman remarried believing her
husband to be dead. The accused woman was convicted of bigamy. But the
court held that a bona fide belief was made on reasonable grounds that her
husband is dead after desertion for seven years.

• Intoxication,
• Compulsion
• Unsoundness of mind
• ‘Unsoundness of mind’ means a state of mind in which an accused is
incapable of knowing the nature of his act or that he is incapable of knowing
that he is doing wrong or contrary to law.

M’Naghten Rule
• In a landmark case of Re M’Naghten where M’Naghten who was an
Englishman apparently paranoid by Schizophrenia shot and killed the
Secretary of Prime Minister of Britain.
• To the surprise, M’Naghten was acquitted from the offence because it was
proved that he was insane at the time of commission of this act. Since this
case was the first case where insanity as an exception was observed by House
of Lords.
• It was held that every man is presumed to be sane until the contrary is proved
and in order to establish a defense on the ground of insanity, one has to prove
that the accused was laboring under the diseased state of mind and he did not
know about the nature and quality of the act what he was doing.
• The applicability of M’Naghten Rule is very apparent in India because IPC
Section 84 BNS Section 22 clearly brings out the essential ingredients as laid
down in the judgment.
• Assam High Court in the case of State v. Kartik Chandra held that M’Naghten
Rule is the basis of Section 84 and is embodied in it.

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• Possible parties to the crime:

 Principle in the I degree
 Principal in the II degree
 Accessories before the fact
 Accessories after the fact.

1 Principle in the I degree

• Actual offender:
• The person whose guilty mind is the latest blamable mental cause of the
criminal act.
• In most of the cases the person who actually done the act.

2 Principal in the II degree

• The person who aided and abetted at the very time when the offence is
committed.
• Receiver of stolen property

3 Accessories before the fact

• He knows the particular deed contemplated, He approved it
• His views are expressed in such a form which encouraged the principle
perform the deed
• The person is absent at the time when felony is committed
• These things happened before the offence is committed

4 Accessories after the fact.

• He knows that the felony has been committed
• He shelters or relieves any felons
• Enable him to elude justice
• Supplies the felons the means to escape
• Helps the felons to get out of the prison

• General Explanation:
– Definition- (IPC)1-5, 6,7, 21-30, 32-37, 52 & 52A
– Definition-(BNS) 1(3)-1(6) 3,3(2),2(28) 2(31),3(4)-3(7), 2(11)&2(13),

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
 Hitorical background extent and operation of hharathtiya nyaya sanhita :
• The Bharatiya Nyaya Sanhita (BNS) is a new penal code for India that was
enacted on December 25, 2023 and will come into effect on July 1, 2024. The BNS
replaces the Indian Penal Code (IPC), which was in force since 1860. The BNS is a
significant step towards modernizing India's criminal justice system and addressing
contemporary legal and societal challenges.

• Offenses
• The BNS retains most offenses from the IPC, but adds new offenses such as
terrorism, organized crime, and petty organized crime. It also removes sedition as
an offense, but adds a new offense for acts that endanger India's sovereignty,
unity, and integrity

• Punishments
• The BNS adds community service as a form of punishment. It also introduces
new penalties for certain offenses, such as murder by a group of five or more
people.

• Definitions
• The BNS expands the definition of "theft" to include theft of government
property, idols, or icons from places of worship. It also introduces the offense of
"snatching", which is defined as theft carried out in a sudden, quick, or forcible
manner.


 Intra-Territorial Jurisdiction & Extra/auxiliary Territorial Jurisdiction:

 Intra-Territorial Jurisdiction
 Section 2 of the IPC /BNS 1(3) relates to the intra territorial jurisdiction of the
IPC.
 This section helps universalize the scope of the IPC because it includes every
person within the limits of India whether or not a citizen of India, that is not
for question, but every act or absence thereof he/she commits in
contravention to the provisions herein shall be liable to be punished within
India.

 Every Person:
• Every individual is made liable, void of any discrimination based on position,
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race, caste, creed, on the condition that the wrong doing he has been charged
with been committed within the territory of India.

 Following are the exceptions-

 President and Governors
 Foreign Sovereigns
 Diplomats and Ambassadors
 Enemy Aliens
 Armies of other countries

• Extra/auxiliary Territorial Jurisdiction Sec.1(4) and Sec. 1(5) of the

BNS /IPC Sec. 3/4 deal with the auxiliary jurisdiction under this code.

• Section 1(4)bns /ipc 3– In this section is clearly stated that if a person that is
bound by Indian law, and he commits a crime outside the limits of Indian
territory he/she is still liable to be prosecuted in India for the same offence.

o Illustration– Below (Hindu), a citizen of India commits an act of having two

marriages in the city Lahore, in territory of Pakistan. There, it is not a crime to
have two marriages but Belu shall be persecuted in India for his offence of
Bigamy in Pakistan.
o Here by this illustration, we can easily understand that, though B didn’t
commit a crime according to the laws of Pakistan when he was there but that
wouldn’t exempt him from penalty in India under the IPC.

o Section 1(5)bns/ipc 4– Extension of Code to extra- territorial offences.

– (1) any citizen of India in any place without and beyond India
– (2) any person on any ship or aircraft registered in India wherever it may
be
– (3) any person in any place without and beyond India committing offence
targeting a computer resource located in India

o CASE LAWS
o Intra Territorial Jurisdiction:
o St. of Maharashtra v. Mayer Hans Georgee
o The court ruled the foreigner liable under the Foreign Exchange Regulation
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Act, 1973, because he did not make an express declaration about the gold
he was carrying during his flight and was held liable as soon as the plane
touched down in Indian territory.

o Extra-Territorial Jurisdiction
o Sabu Mathew George v. Union of India
o The plaintiff was an activist who filed a writ petition challenging the display
of an advertisement in Indian search engines, claiming that it violated
Section 22 of the Pre-Natal Diagnostic Techniques (Regulation and
Prevention of Misuse Act), 1994 because it was related to pre-natal sex
discrimination. The court addressed the issue and ordered the respondents
Google, Microsoft, and Yahoo to automatically block the advertisement.

o PUBLIC SERVANT:
o SECTION 2 (28) BNS/IPC 21: “Public Servant” – The words “public servant”
denotes a person falling under any of the descriptions hereinafter following,
namely:
o Every Commissioned Officer in the Military, Naval or Air Forces of India;
o Every Judge including any person empowered by law to discharge, whether by
himself or as a member of any body of persons. any adjudicatory functions;
o Every officer of a Court of Justice (including a liquidator, receiver or
commissioner) whose duty it is, as such officer, to investigate or report on any
matter of law or fact, or to make, authenticate, or keep any document, or to
take charge or dispose of any property, or to execute any judicial process, or
to administer any oath, or to interpret, or to preserve order in the Court, and
every person specially authorized by a Court of Justice to perform any of such
duties;
o Every juryman, assessor, or member of a panchayat assisting a Court of
Justice or public servant;Every arbitrator or other person to whom any cause
or matter has been referred for decision or report by any Court of Justice, or
by any other competent public authority;
o Every person who holds any office by virtue of which he is empowered to
place or keep any person in confinement;
o Every officer of the Government whose duty it is, as such officer, to prevent
offences, to give information of offences, to bring offenders to justice, or to
protect the public health, safety or convenience;
o Every person who holds any office in virtue of which he is empowered to
prepare, publish, maintain or revise an electoral roll or to conduct an election
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or part of an election;
o Every officer whose duty it is as such officer, to take, receive, keep or expend
any property on behalf of the Government, or to make any survey,
assessment or contract on behalf of the Government, or to execute any
revenue process, or to investigate, or to report, on any matter affecting the
pecuniary interests of the Government, or to make authenticate or keep any
document relating to the pecuniary interests of the Government, or to
prevent the infraction of any law for the protection of the pecuniary interests
of the Government;
o Every officer whose duty it is, as such officer, to take, receive, keep or
expend any property, to make any survey or assessment or to levy any rate or
tax for any secular common purpose of any village, town or district, or to
make, authenticate or keep any document for the ascertaining of the rights of
the people of any village, town or district;
o Every person
– in the service or pay of the Government or remunerated by fees or
commission for the performance of any public duty by the Government;
– in the service or pay of a local authority, a corporation established by or
under a Central, Provincial or State Act or a Government company as
defined in section 617 of the Companies Act, 1956 (1 of 1956).

• Various types of punishments Under Section 4, BNS /IPC 53, IPC:

o Punishment:
– IPC From Sections 53 to 55A, 63, 64, 65, Section 73 to 75.
– BNS From section 4 to 5(b),8,8(2),8(3), section 11 to 13.
1. Death.
2. Imprisonment for life.
Imprisonment, which is of two descriptions, namely:
 Rigorous, that is, with hard labor;
 Simple.
3. Forfeiture of property.
4. Fine.
5. Solitary confinement.

New offence
6. Community service
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• Death Punishment:
• Punishment of death is also known as capital punishment. Under this
punishment, a person is hanged till he dies.
• It is provided only in the rarest of rare cases.
• This punishment is provided only for serious offences.
• A death sentence is the highest punishment awarded under BNS/ IPC,
and it has always been a controversial subject.
• Death punishment or capital punishment can be provided for the
offences under sections BNS 71 103 104 107 140(2) 147 310(3) 230
/IPC 121, 132, 194, 302, 303, 305, 307, 364A, 376E, 396, and so on of
the Indian Penal Code. In these sections,

• Imprisonment:
• Imprisonment means taking away a person’s freedom and putting him
in prison. According to section 4 of the BNS/IPC 53 there are two kinds
of imprisonment:
• Simple Imprisonment: It is the type of imprisonment where an accused
convicted of a crime is kept in prison without any hard labour. They are
required to do only light duties. The punishment of simple imprisonment
is awarded only for lighter offences such as defamation.
• Rigorous Imprisonment: It is the type of imprisonment under which a
prisoner or an accused convicted for a crime is kept in prison, and they
have to do hard labour such as agriculture, carpentry, drawing water,
etc.
• Rigorous imprisonment is obligatory for the offences given under the
following two sections (no alternative for simple imprisonment is
available):
a. Section 230 BNS & 194, IPC: Giving or fabricating false evidence
with intent to procure conviction of capital offence.
b. Section 332 BNS & 449, IPC: House-trespass in order to commit
offence punishable with death.

• Imprisonment for Life:

• The words “imprisonment for life” was substituted for “transportation
for life”.
• In this type of punishment, an accused convicted of a crime has to
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remain in prison until he is alive or until pardoned or otherwise
commuted to a fixed period.
• In its natural meaning, imprisonment for life means imprisonment for the
whole of the remaining term of the convicted person’s natural life.

• Forfeiture of Property:
• Forfeiture implies the loss of property of the accused. Under this
punishment, the State seizes the property of a criminal. It is the result of
the wrong or default caused by the person. The property forfeited may
be movable or immovable.
• Forfeiture of property as punishment is provided for the offences given
under section 154BNS /IPC 126 (committing depredation on
territories of power at peace with the Government of India) and section
155 BNS/IPC 127 (receiving property taken by war or depredation
mentioned in sections 125 and 126).

• Fine Under IPC:

o The court may impose the punishment of a fine as sole imprisonment or
as an alternative for imprisonment, or in addition to imprisonment. It
depends upon the court to decide whether either imprisonment or fine
or both are to be awarded in a particular case.

• According to section 8(2) BNS & 64 of IPC , the court may order
imprisonment if a person fails to pay the fine.

• Community Service:
• Section 4(f) of BNS has introduced a new form of
• punishment – Community service for the first time.
• Object is to reduce the burden on jails, community service has been
included in BNS as a punishment for the first time and it is being given legal
status. [PIB Press Release, dated 20-12-2023]
• BNS prescribes Community Service as punishment for petty offences like
non-appearance in response to a proclamation, attempt to commit suicide,
to compel or restraint exercise of lawful power of public servant, petty
theft on return of theft money, misconduct in public by a drunken person,
defamation, etc.
• The term “community service” is not defined in BNS. However, it is defined
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by Explanation to section 23 of BNSS to mean the work which the Court
may order a convict to perform as a form of punishment that benefits the
community, for which he shall not be entitled to any remuneration.
• Community Service is a step towards reformative justice.

• Solitary Confinement:
• It is defined under section 11 BNS 73 of the IPC.
• Solitary confinement means keeping the prisoner isolated and away from
any kind of intercourse with the outside world.
• It is believed that a feeling of loneliness may exert a wholesome (good)
influence and reform the criminal.
• Solitary confinement shall in no case exceed three months in total. The
scale, as given in section 11/73, is as follows:
• If the term of imprisonment is less than or up to six months, then
the period of solitary confinement shall not exceed one month.
• If the term of imprisonment is more than six months but less than
one year, then the period of solitary confinement shall not exceed
two months.
• If the term of imprisonment is of more than one year, then the
period of solitary confinement may be up to three months but not
beyond that.

 GENERAL EXCEPTIONS: BNS SEC IN 14-44/IPC SEC IN 76 — 106:

• A person is presumed to know the nature and consequences of his act and is
therefore, responsible for it in law. However, there are some exceptions to
this. Such provisions are deals with in chapter-3 of the bharatiya nyaya sanhita
from section 14 to 44 /IV of the Indian Penal Code from section 76 to 106.
1. Mistake of law and facts
2. Accidents
3. Necessity
4. Infancy
5. Insanity
6. Intoxication
7. Private Defence

• Mistake of law and mistake of facts (BNS sec.in 14&17 /IPC sec in 76 &79):
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• The term mistake literally means commission or omission of an act ignorantly
or unintentionally causing injury. It is an unconscious ignorance or
forgetfulness of a fact, past or present, material to the contract or a belief.
Mistake is one of the defences available to the accused to get exemption from
criminal liability.
• A court has to determine his guilt on the basis of the believed facts and not on
the real facts. Mistake negates the existence of a particular intent or foresight
which penal law requires to make a person liable rather than actus reus.
Mistake as an absolving factor allows a court to look into the mental statues
of the wrong doer. In order to exclude the criminal from the liability on the
ground of mistake three conditions are to be fulfilled,
• The state of things believed to exist would, if true,
• have justified the act done; the mistake must be reasonable; and
• the mistake must relate to fact and not to law,

• Both these mistakes are based on the maxim “ignorantia facti excusat,
ignorantia juris non- excusat” means ignorance of fact excuses and ignorance
of law does not excuse”.\

• Section 14/76 excuses a person from criminal liability who is bound by law to
do something and has done it or who in good faith, owing to a mistake of fact,
believes that he is bound by law to do something and does it whereas section
17/79 absolves a person, who believes, by reason of mistake of fact and not by
reason of mistake of law, in good faith, that his act would be justified by law.

• In R v Tolson, The appellant married in Sept 1880. In Dec 1881 her husband
went missing. She was told that he had been on a ship that was lost at sea.
Seven years later, believing her husband to be dead, she married another.
Sometime after her marriage, her first husband turned up. She was charged
with the offence of bigamy. She was held not guilty since she was afforded the
defence of mistake as it was reasonable in the circumstances to believe that
her husband was dead.

• However in R. v. Prince, prince took a girl below the age of 16 years without
the consent of the parents under the belief that she was above 16 years,
which is an offence in England under Offences against persons Act, 1861. In
this case he didn’t act in good faith because he failed to make enquiries to
find out the actual age of the girl. He was convicted, even though; there is no
mens rea, for the offence of kidnapping.
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• Intoxication:
• Drunkenness is a species of madness for which the man is to blame. If a man
chooses to get drunk, it is his own voluntary act; it is very different from
madness, which is not caused by any act of the person.

• Qui Pecat Ebrius Luat Sobrius: Let him who sins when drunk be punished
when sober. However, BNS sec in 23&24 /IPC sec in 85 and 86 protect an
intoxicated person provided he got intoxicated by mistake (e.g. took a wrong
medicine) or by fraud or force.
• Sec.23/ 85 lays down that nothing is an offence which is done by a person,
who owing to intoxication is incapable of knowing the nature of the act, or that
what he is doing is wrong or contrary to law, provided that the thing which
intoxicated him was administered without his knowledge or against his will.

Thus, the test of drunkenness is the capacity to form an intention' of committing

the offence; in the case of insanity, the test is capacity to knew' the nature of one's
act. However, insanity produced by drunkenness is a defence.
• Sec. 24/86 states the presumption for certain offences committed by
intoxicated persons. Thus, if an act is an offence only when done with a particular
intention or knowledge, and such an act is committed by an intoxicated person, he
will be presumed to have knowledge requisite for the offence, unless he can show
that he was intoxicated without his knowledge or against his will. It may be noted
that there is no presumption as regards his intention.
• The intoxication may be caused by liquor, medicines, bhang, ganja, etc. Where
the accused drank liquor at the persuasion of his father to alleviate his pain, it
cannot be said that administration of liquor to him was against his will. Thus, he
could not claim any benefit under Sec.23/85.
• In Basdev v. State of Pepsu (AIR 1956 SC 488), it was held that drunkenness is
ordinarily neither a defence nor an excuse for crime'. By law, an intoxicated person
is presumed to have the same knowledge as a sober man. However, the intention
must be gathered from the circumstances of the case paying due regard to the
degree of intoxication.

• Defences:
• BNS sec in 34-44/ IPC sec in 96-106 deal with the right of private defence.

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• It is undoubtedly the primary duty of the State to
• protect the life, liberty and property of its subjects.
• In a well-ordered and civilized society, therefore it is assumed that the State
would take care of its citizens.
• But, no State howsoever its resources can afford to depute policeman to
dog the steps of every rogue in the country.
• The right of private defense or self-defense is a very valuable right and has
been recognized in all civilized societies within reasonable limits.
• The primary object of recognizing the rule of private defense is to ensure that
every citizen however law- abiding he may be should not behave like a coward
when confronted with imminent danger or unlawful aggression.
• person and property including the extent and limitation to exercise such right.
• BNS sec 34 /IPC sec 96 lays down the general principle of law and declares
that nothing is an offence which is done in the exercise of the right of private
defense.
• BNS sec 35 / IPC sec 97 relates to subject matter of private defense and states
that every person has right to defend his person as also his property subject
to restrictions contained in bns sec 37/ipc sec 99.

• In R vs. Rose, the accused shot and killed his father whom he believed to be
cutting the throat of his mother. The Court accepted the defense of the
accused of right of private defense to protect his mother against his father's
act.
• BNS Sec in 36 /IPC sec in 98 recognizes right of private defense against an act
of a person who may not be held criminally liable on the ground of unsound
mind, etc.
• Illustration:
• z under the influence of madness, attempts to kill A; Z is guilty of no offence.
But, A has the same right of private defense which he would have if Z were
sane.

• S.37/99(Exception) enumerates cases wherein right of private defense is not

available. It also controls such right and prescribes limits within which the
right can be exercised.

• The section lays down the following principles:

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• (i) There is no right of private defenses against acts of a public servant.

• In Kesho Ram vs. Delhi Administration, an officer of the Municipal

Corporation acting in good faith seized a buffalo for recovery of milk tax
requirement of issuance of notice was not complied with before seizure. The
Hon'ble SC held that the owner had no right of private defense and hence
could not cause injury to the officer.
(ii) There is no right of private defenses against acts done at the direction of a
public servant.
(iii) There is no right of private defense in cases in which there is time to have
recourse to the protection of public authorities and,
(iv) The right of private defense does not extend to cause more harm than
necessary for defense.

 Private body defense

 BNS Section 38 /IPC Section 100. When the right of private defence of the
body extends to causing death. —
• namely:—
• (First) — Such an assault as may reasonably cause the apprehension that death
will otherwise be the consequence of such assault;
• (Secondly) —Such an assault as may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such assault;
• (Thirdly) — An assault with the intention of committing rape;
• (Fourthly) —An assault with the intention of gratifying unnatural
lust;
• (Fifthly) — An assault with the intention of kidnapping or abducting;
• (Sixthly) — An assault with the intention of wrongfully confining a person,
under circumstances which may reasonably cause him to apprehend that he
will be unable to have recourse to the public authorities for his release.

• In Karamat Hussain vs. Emperor, the accused in order to save/protect his

sister from merciless beating by her husband intervened and killed him. The
Court held that the accused was entitled to the right of private defence
under such circumstances.

• Bns sec 38/ipc sec 101. When such right extends to causing any harm other
than death.
• Bns sec 39 /ipc sec 102. Commencement and continuance of the right of
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private defence of the body.
• S.39/102 states that 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 an offence though the offence
might not have been committed. And, such right continues as long as such
apprehension of danger to the body continues.

• BNS SEC 41/IPC SEC 103.When the right of private defence of property
extends to causing death.
o First.—Robbery;
o Secondly.—House-breaking by night;
o Thirdly.—Mischief by fire 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;
o Fourthly.—Theft, mischief, or house-trespass, under such circumstances
as may reasonably cause apprehension that death or grievous hurt will be
the consequence, if such right of private defence is not exercised.
• BNS SEC 42/IPC SEC 104. When such right extends to causing any harm
other than death.
• BNS SEC 43/IPC SEC 105. Commencement and continuance of the right of
private defence of property.
• BNS SEC 44/IPC SEC 106 extends right of private defence against an innocent
person. It states that where there is reasonable apprehension of death and
the defender cannot effectually exercise the right of private defence without
risk of harm to an innocent person, such right extends to running that risk.

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UNIT-II
• Syllabus
• Inchoate Crimes- Abetment, Abetment of offence by a person outside India
(Ss45-60); Criminal Conspiracy (S.61); Attempt (S.62);Offences against women
Rape and other sexual offences, sexual intercourse by employing deceitful means
(Ss63-73), Criminal force and assault against women(Ss74-79), Offences relating
to marriage-Dowry Death (S.80), Bigamy (S.82) & Cruelty (S.85 & S.86),
Kidnapping (S. 87); Offences against child (Ss91-97).

pyq
1. Explain the essentials of “rape” with its exceptions and punishments.
2. Explain the essentials of criminal force. Distinguish criminal force from assault.
(2019,
3. What is criminal force what are the essentials of criminal force.
4. Explain the rules regarding kidnapping.
(2019,2019,2017).

 INCHOATE CRIMES-
• Inchoate crimes are incomplete crimes that are punished even if the actual
crime doesn't happen. The three main inchoate crimes are: attempt,
conspiracy, and abetment.
• Chapter IV of Bhartiya Nyaya Sanhita, 2023 (BNS) provides for abetment,
criminal conspiracy and attempt.
• In the Indian Penal Code, 1860 (IPC) it is placed in Chapter V.

Abetment (Ss45-60) / (IPC Sections 107 — 120);

•
• Section 45 of BNS defines Abetment.
o Ingredients/Elements of abetment:
1. Instigates any person to do that thing or
2. Engages in any conspiracy for doing of that thing or
3. Intentionally aids the doing of that thing,

• Section 46 (Section 108 of IPC) of BNS defines Abettor. It provides that a

person abets an offence;

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– Who either the commission of an offence;
– Or abet 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.

• Extraterritorial Abetment
• Under IPC Section 108A of IPC provided for abetment
in India of offences outside India.
• Under BNS however, there are two categories of abetment:
• Section 47 provides for abetment in India of offences outside India.
• It provides that the following shall amount to abetment if;
– The person in India.
– Abets the commission of any act without and beyond India
– Which would constitute an offence if committed in India.
• Section 48 provides for abetment outside India for offence in India.
• It provides that the following shall amount to abetment if
– The person without and beyond India.
– Abets commission of any act in India.
– Which would constitute an offence if committed in India.

• Punishment for Abetment:

Section 49of BNS:
Punishment of abetment if an Section 55 of BNS: Section 56 of BNS:
act abetted is committed in Abetment of offence punishable Abetment of offence
consequence and where no with death punishable with
express provision is made for its or imprisonment for life. imprisonment
punishment.

Whoever abets any offence shall, (1)Whoever abets the commission of (1)Whoever abets an
if the act abetted is committed in an offence punishable with death offence punishable with
consequence of the abetment, or imprisonment for life, shall, if imprisonment shall, if that
and no express provision is made that offence be not committed in offence be not committed
by this Sanhita for the consequence of the abetment, and in consequence of the
punishment of such abetment, no express provision is made under abetment, and no express
be punished with the this Sanhita for the punishment of provision is made by this
punishment provided for the such abetment, be punished with Sanhita for the
offence imprisonment of either description punishment of such
for a term which may extend to abetment, be punished
with imprisonment of any
seven years, and shall also be liable
description provided for
to fine.
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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.

(2) If the abettor or the

(2) If any act for which the abettor is person abetted is a public
Explanation. —An act or offence is liable in consequence of the servant, whose duty it is to
said to be committed in abetment, and which causes hurt to prevent the commission of
consequence of abetment, when it any person, is done, the abettor shall such offence, the abettor
is committed in consequence of be liable to imprisonment of either shall be punished with
the instigation, or in pursuance of description for a term which may imprisonment of any
the conspiracy, or with the aid extend to fourteen years, and shall description provided for
which constitutes the abetment. also be liable to fine. 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.
• * Section 49, 55 and 56 of BNS is a replica of Section 109, 115 and 116 of IPC
respectively.

• Criminal Conspiracy (S.61); (IPC Sections 120A & 120B)

• When two or more persons agree to do or cause to be done an illegal act or
an act which is not illegal by illegal means such an agreement is designated a
criminal conspiracy.

 Ingredients/Elements of criminal conspiracy.

1. There should be two or more persons
2. There should be an agreement between themselves
3. The agreement must be to do or cause to be done
a) an illegal act or
b) a legal act by illegal means

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 Attempt (S.62);
• Section 62: Attempting to Commit Offence Punishable with Imprisonment
• the life imprisonment term, or
for Life or Imprisonment - Attempting to commit an offence punishable with life
imprisonment or imprisonment entails one-half of
imprisonment not exceeding one-half of the maximum term, or a fine, or both.
The case's nature is determined by the attempted offence, and it may be bailable
or non-bailable, triable by the court having jurisdiction over the attempted offence.
 Offences against women Rape and other sexual offences, sexual intercourse
by employing deceitful means (Ss63-73) / (IN IPC Rape: custodial rape, marital
rape (Sections 375 — 377):
• Section 63 of the Code deals with rape and,
• Section 64 provides punishment of rigorous imprisonment of a minimum
period of 10 years and up to imprisonment for life and shall also be liable to
fine. (Clause (1) and (2) of this Section are a reproduction of Section 376 (1)
and (2) of IPC).

• An offence of rape can be said to have been committed if the

following conditions are fulfilled:
1. A man must have committed sexual intercourse with a woman and,
2. Such act must have been committed under any of the following circumstances:
(a) Against her will; or
(b) Without her consent; or
(c) With consent obtained under fear of death or hurt; or
(d) With consent given under the belief that the man is her husband, or
(e) Consent given by a woman of unsound mind, under intoxication, etc; or
(f) Consent given by a woman below 18 years; or
(g) When a woman is unable to communicate consent.

• In Bhupinder Sharma vs. State of HP, the Hon'ble SC has observed that rape
or raptus in its simplest form signifies the ravishment of a woman against her will
or without her consent or with her consent obtained by force, fear or fraud.
• Its essence lies in the penetration howsoever slight of the penis or insertion
of any object or part of body or manipulation of any part of the body of a woman
for penetration into the vagina, mouth, urethra or anus of a Woman.

• Case laws
• 1)The Nirbhaya Case (2012)
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• A paramedical student was tortured by six men to such an extent that an
iron rod was shoved into her vagina and her intestines, abdomen, and
genitals were damaged severely. They threw her out of the bus in the wintery
night. One of the accused was juvenile and was sent to a reform facility for
three years.
• One of the accused committed suicide in the jail and rest were given the
death penalty.
• while determining sentence in heinous crimes, Judges ought to weigh its
impact on the society and impose adequate sentence considering the
collective conscience or society’s cry for justice. While considering the
imposition of appropriate punishment, courts should not only keep in view
the rights of the criminal but also the rights of the victim and the society at
large.”

• 2)State vs Deepak Dogra

• The boy established the sexual relations with the victim on the false pretext
that he will marry her later. He performed an invalid marriage when the girl
complained of him to the police when he refused to marry her and she was
pregnant with his child.
• Keeping in view the ghastly and inhuman act of the convict, a substantive and
stern sentence is required to be imposed upon the convict so that it is not
only in commensuration with the gravity of the crime but also serves as an
example for the others who might also venture on the same forbidden path..
The convict does not deserve any leniency.

• Recent developments:
• The Bharatiya Nyaya Sanhita (BNS) has introduced important updates to the
legal framework concerning crimes against women, aiming to strengthen
protections and address evolving challenges. Significant changes include raising the
age for considering victims as minors in gang rape cases from 16 to 18 years, and
criminalising sexual intercourse obtained through deceit or false promises. The
latest provisions expand the scope of existing laws and introduce stricter penalties
for certain offences, reflecting the commitment to enhancing women’s safety and
rights.

• 1. Punishment for Rape (Section 64)

• Anyone who commits the crime of rape shall be punished with rigorous
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imprisonment for a term of at least 10 years, which may extend to life
imprisonment. In this context, life imprisonment refers to imprisonment for the
offender's entire natural life. The offender may also be liable to pay a fine.

• Enhanced Punishment in Specific Situations:

• If the offender falls under any of the following categories, the punishment will
be stricter:
(I) The offender is a police officer, public servant, member of the armed forces,
or staff member of a jail or hospital.
(II) The offender is a relative, guardian, or teacher of the victim.
(III) The offence occurs during communal or sectarian violence.

(IV) The victim is known to be pregnant.

(V) The victim is incapable of giving consent due to a physical or mental
disability.
(VI) The offender is in a position of control or dominance over the victim.
(VII) The crime results in grievous bodily harm, maiming, disfigurement, or
endangers the life of the victim.
(VIII) The offence is committed repeatedly on the same woman.
• In these situations, the offender shall face rigorous imprisonment for a
minimum of 10 years, which may extend to life imprisonment for the remainder of
the offender's natural life, along with a fine.

• 2. Punishment for Rape of Minors (Section 65)

• Victim Under 16 Years:
• The punishment for raping a minor under the age of 16 is rigorous
imprisonment for a minimum of 20 years, which may extend to life imprisonment
for the offender's entire natural life. A fine shall be imposed to cover the victim's
medical expenses and rehabilitation.
• Victim Under 12 Years:
• If the victim is below 12 years of age, the punishment is rigorous
imprisonment for at least 20 years, potentially extending to life imprisonment or
the death penalty. Any fine imposed must be used for the victim's medical
treatment and rehabilitation.

• 3. Causing Death or Persistent Vegetative State (Section 66)

• If a rape victim dies or is left in a persistent vegetative state as a result of the
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crime, the offender shall face rigorous imprisonment for at least 20 years, which
may be extended to life imprisonment for the rest of their natural life or may even
result in the death penalty.
• 4. Marital Rape During Separation (Section 67)
• If a man has sexual intercourse with his wife without her consent while they
are living separately, whether legally or otherwise, he shall be punished with
imprisonment for a term ranging from 2 to 7 years, along with fines.

• 5. Sexual Intercourse Through Deceit (Section 69)

• Engaging in sexual relations with a woman by employing deceitful means,
such as making false promises of marriage or job offers, is punishable with
imprisonment for a term that may extend to 10 years, along with fines. "Deceitful
means" include false promises of employment, promotion, or marriage after
concealing one's identity.

• 6. Assault or Force with Intent to Outrage Modesty (Section 73)

• Anyone who assaults or uses criminal force against a woman with the intent
to outrage her modesty shall face imprisonment for a term of 1 to 5 years, in
addition to fines.

 Criminal force and assault against women(Ss74-79), (In IPC Criminal force
(section- 350),Assault (section- 351)
• Introduction
• This article deals with the terms “force”, “criminal force” and “assault” in the
The Bharatiya Nyaya Sanhita, 2023. In India, we can always see the news about
crimes in regards to battery, assault etc. such crimes are common in our country
and it happens almost every day. Because of this people were facing many
problems, therefore for ensuring strict punishment to those who committed such
crimes, our Government had to step, thus such crimes can be reduced. Besides, the
article also focuses on the distinction between criminal force and assault and also
the important decisions made by courts.

 Criminal force
• Using any force against a woman without her consent is criminal force .
• This includes pushing, shoving, touching inappropriately, or any unwanted
physical contact.

• Essentials of criminal force

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• There must be use of force.
• The force should be used intentionally.
• The force must have been used;
• For committing of an offence; or
• With the intention to cause fear, injury or annoyance to the other with
knowledge.

 Assault
• A person commits assault when they make a woman fear that they will use
force against her.
• The force used can be mild or severe - any non- consensual touch qualifies
• Intent to cause harm is not required - just the deliberate use of force .
• Making threatening gestures, raising a hand to strike, or verbally threatening
physical harm are all forms of assault.
• The woman need not be physically touched for it to be assault.
• 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.
• To constitute assault, it is not necessary that there should be some actual
hurt caused.
• The threat must be credible and immediate to constitute an offence of
assault.

 Sexual Assault
• Any sexual act performed without a woman's consent constitutes sexual
assault.
• It includes unwanted touching of private parts, forced kissing, or other sexual
contact with a woman.

 What are the Legal Provisions for the Offence Related to Criminal Force and
Assault?
• Assault or Criminal Force to Woman with Intent to Outrage her Modesty.
(Section 74):
• It includes acts like inappropriate touching, forcible disrobing, indecent
gestures or remarks with the intent to insult modesty.
• states that whoever assaults or uses criminal force to any woman, intending
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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.

• Sexual Harassment (Section 75):

• Offences Covered:
Sexual harassment includes acts such as:
(i) Unwelcome physical contact and advances with explicit sexual
overtones.
(ii) Requests or demands for sexual favors.
(iii) Showing pornography against the will of the woman.
(iv) Making sexually colored remarks.

• Punishment:
• For acts involving physical contact, demands for favors, or showing
pornography, the punishment may extend to 3 years of imprisonment, fines, or
both.
• For making sexually coloured remarks, the sentence may extend to 1 year of
imprisonment, along with fines.

• Assault or use of Criminal Force to Woman with Intent to Disrobe (Section

76):
• This section states that 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.

• Voyeurism (Section 77):

• Punishable Acts:
• Watching or capturing images of a woman engaging in a private act without
her consent is considered an offence.
• A "private act" includes situations where the woman has a reasonable
expectation of privacy, such as using the restroom, being partially undressed,
or engaging in intimate activities.

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• Punishment:
• For a first-time conviction, the punishment is 1 to 3 years in prison, along
with fines.
• For subsequent offences, the sentence ranges from 3 to 7 years, along with
fines.
• Stalking (Section 78)
• Acts Constituting Stalking:
• Stalking includes:
(i) Following a woman or attempting to contact her repeatedly despite her
clear indications of disinterest.
(ii) Monitoring her online activities or communications.
• Exceptions:
• The act may not be considered stalking if it is done to prevent or detect
crime, in accordance with legal obligations, or under reasonable
circumstances.
• Punishment:
• A first conviction can result in up to 3 years of imprisonment, while repeat
offenders face up to 5 years in prison, in addition to fines.

• Word, Gesture or Act Intended to Insult Modesty of a Woman (Section 79):

• Offence Description:
• Using words, gestures, or objects intended to insult a woman's modesty, or
intruding upon her privacy, is punishable.
• Punishment:
• The offender may face imprisonment for up to 3 years and may also be
subject to fines.
• Union of India & Ors. v. Dilip Paul (2023)
• The Supreme Court has held that the allegations of sexual harassment should
be considered within the broader context of the case and should not be
judged merely on the basis of a procedural violation.

• State of Punjab v. Major Singh (1967):

• The ultimate test is whether the act is perceived as capable of shocking a
woman's sense of decency.
• A woman possesses modesty by virtue of her sex from birth.
• The victim's age is irrelevant in determining outrage of modesty.
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 Offences relating to marriage-Dowry Death (S.80):

• Dowry Death
• Section 80 of BNS states the provisions for dowry death as:
• Death caused:
• By burns.
• By bodily injury.
• Or
• Occurs otherwise than under normal circumstances.
• Time of death:
• Death occurred within seven years of marriage.
• It should be shown:
• 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 deemed to have been caused by such husband or relative of
her husband.
• Punishment:
• 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.

 Bigamy (S.82) & Cruelty (S.85 & S.86),:

• (IN IPC Bigamy-Ss. 494-496 & Cruelty-S.498-A)
Bigamy:
• BNS-82(1) criminalizes the act of marrying again during the lifetime of one's
current spouse. The second marriage is void, meaning it holds no legal
validity. The offender is subject to imprisonment for up to seven years and
may also face a fine.
• This applies to both men and women, making it gender-neutral in its
application.
• Definitions:
• Bigamy: The act of marrying someone while already being legally married to
another person.
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• Void Marriage: A marriage that has no legal recognition, either due to fraud,
failure to meet legal conditions, or existing legal marriage.
• Imprisonment of Either Description: This term refers to both rigorous and
simple imprisonment, depending on the severity of the offense.

• Punishment for Concealment:

Under BNS-82(2), if a person knowingly hides the fact of their previous marriage
when remarrying, they face more severe punishment: up to ten years of
imprisonment and a fine. This provision is aimed at punishing deceit in marriage.

• Exceptions:
• Marriage Declared Void by Court: If the first marriage has been declared void
by a court, remarrying is not illegal.
• Absence of Spouse for Seven Years: If the former spouse has been absent for
seven years or more and there has been no communication or evidence of
life, the person can remarry, provided they inform their new spouse of the
circumstances. This clause prevents penalizing someone who genuinely
believes their spouseis no longer alive. 

• Cruelty
• Meaning of Cruelty:
• Cruelty Means as per Section 86 of BNS:
• Any willful 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
• 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.

• Essential Elements:
• For commission of an offence under Section 498A of IPC, following necessary
elements are required to be satisfied:
• The woman must be married;
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• She must be subjected to cruelty or harassment;
• Such cruelty or harassment must have been shown either by
husband of the woman or by the relative of her husband.

• Section 85: Husband or relative of husband of awoman subjecting her

to cruelty:
• 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.

• CASE LAWS:
• Arun Vyas v. Anita Vyas, (1999): the Supreme Court held that the essence
of the offence in Section 498-A is cruelty. It is a continuing offence and on each
occasion on which the woman was subjected to cruelty, she would have a new
starting point of limitation.
• Japani Sahoo v. Chandra Sekhar Mohanty (2007): In this case, it was held that
for the purpose of computing the period of limitation, the relevant date must be
considered as the date of filing of complaint or initiating criminal proceedings and
not the date of taking cognizance by a Magistrate or issuance of process by court.

 Kidnapping (S. 87)/(IPC Ss. 359 to 369 );

• Section 87. Kidnapping, abducting or inducing woman to compel her
marriage, etc.
• 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.
• Kidnapping:
• The term kidnapping is not defined in IPC. But, it is derived from two words:

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1. Kid meaning child and
2. Napping meaning to steal

• Abduction:
• According to dictionary meaning, "to abduct" means to carry, to take away,
especially a human being by force, fraud, deception or by inducement.
• S.362, IPC enacts that whoever by force compels or by any deceitful means
induces any person to go from any place is said to abduct that person.

• Kidnapping, Abducting or Inducing Woman to Compel Her Marriage,

Etc:
• This section is covered under Section 87 of BNS;
• It is stated that Kidnapping, abducting or inducing woman to compel her
marriage, etc. with an intent to:
• Compel her to marry against her will.
• Force or seduce her to illicit intercourse Shall be punished with imprisonment
(simple or rigorous) upto 10 years and fine.

• In State of Haryana v. Raja Ram (1974), the Supreme Court upheld the
conviction of the accused under section 361 of IPC and clarified that
taking or enticing a person out of their lawful guardianship amounts to
kidnapping. The Hon’ble Court also established that the consent must
be free and voluntary and any coercion or force used to obtain such consent
would invalidate it.

• Offences against child (Ss91-97).

• Injury to an unborn child:
• Sec 91 (IPC Sections 315) & Sec 92 (IPC Sec 316 ) envisage the provisions
concerning injury caused to an unborn child.

• Exposure and Abandonment of Child

• Provision:
• Section 93 of the BNS criminalizes the act of a parent or a person having care
of a child under the age of 12 years exposing or leaving the child in any place
with the intention of wholly abandoning the child.

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• Essentials:
– Father or Mother/ Person having care of child
– Child under 12 years of age
– Act of exposing or leaving of child
– Intention
• Punishment:
• Imprisonment for a term extending up to seven years, or fine, or both.
• Explanation:
• However, the provision expressly states that it does not prevent the trial of
the offender for more serious offences such as murder or culpable homicide,
in the event the child dies as a consequence of the exposure.

• Position under IPC:

• This was earlier contained in Section 317 of Indian Penal Code, 1860 (IPC).

• Concealment of Birth by Secret Disposal of Dead Body Section 94 :

(Section 318 of IPC);
• Essentials:
1. The offender secretly buries or otherwise disposes of the dead body of
a child.
2. The child may have died before, after, or during its birth.
3. The offender intentionally conceals or endeavors to conceal the birth of
such child.

• Punishment:
• punishable with imprisonment for a term which may extend to two years, or
with fine, or with both.

• Section 95 : Hiring, Employing or Engaging a Child to Commit an Offence (his

Section was not contained earlier in IPC. )
• The punishment for this offence is imprisonment for a term not less than three
years but which may extend to ten years, along with a fine.

• Section 96 of the BNS establishes the offence of procuration of a child. (IPC-

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procuration of minor girl under Section 366A of IPC.)
• Any Person by any means whatsoever
• Inducement
• A child to go from any place or to do any act
• Having Intention or Knowledge that it is likely that the child will be,
forced or seduced to illicit intercourse with another person
• Punishment:
• Imprisonment which may extend to ten years, and fine.

• Kidnapping or Abducting a Child Under 10 for Theft

• Section 97 of the BNS (Section 369 of IPC) criminalizes the act of kidnapping
or abducting any child under the age of ten years with the intention of
dishonestly taking any movable property from the person of such child.
• The punishment for this offence is imprisonment for a term which may
extend to seven years, and a fine.

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UNIT - III
Syllabus
• Offences against the Human Body, Offences affecting life, Culpable Homicide,
Mob lynching (Ss 100, 102, 103, 105, 110), Murder, Hit and Run Cases,
causing death by rash or negligent act (Ss 101, 104, 106, 109), Suicide(Ss 107
108); Organized crimes (Ss 111 112), Terrorist Act (S.113); Hurt, Grievous Hurt
resulting in vegetative state or permanent disability (Ss 114-125); Wrongful
Restraint and confinement (Ss126-127) Criminal force and assault (Ss128
136); Kidnapping, Including Kidnaping for beggary, abduction, slavery and
forced labour (Ss137-146).

• PYQ
• Define murder, explain when culpable homicide does not amount to murder.
(2021,2018JJ,2017,2017,2016)
• Define culpable homicide. Distinguish it with murder. (2019,
• Define murder. what are the ingredients of Murder.
• What is hurt? When does hurt becomes grievous hurt. (2019,2019)
• Distinguish between “wrongful Restraint” and “wrongful confinement” with
suitable case laws.(2017)

 Offences against the Human Body, Offences affecting life, Culpable

Homicide, Mob lynching (Ss 100, 102, 103, 105, 110):

• Culpable Homicide Section 100 (299. Culpable homicide):

• Definition of Section 100 BNS
• 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.
• A lays sticks and turf over a pit, with the intention of thereby causing death,
or with the knowledge that death is likely to be thereby caused. Z, believing
the ground to be firm, treads on it, falls in and is killed. A has committed the
offence of culpable homicide.
• Culpable homicide by causing death of person other than person whose
death was intended :
• Section 102 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE
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HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act.

• Definition of BNS Section 102: where someone commits culpable

homicide by causing the death of a person other than the one they intended
or expected to kill. This means that the person who died was not the
intended target, but the offender is still responsible for the death under the
law. The legal consequences are based on the same intent or knowledge of
likely death as if the original target had been the one killed.

• Example:
A man, in a fit of rage, throws a large stone at his neighbor, intending to hurt
him. However, the stone misses the intended person and accidentally hits a
passerby, causing their death. The man is still responsible for the passerby’s
death under Section 102, as he knew his actions were likely to cause serious
harm.

• BNS 102 Punishment

• Imprisonment: imprisonment for a term that could extend up to life, or
Fine: liable to pay a fine.

• Punishment for culpable homicide not amounting to murder.

• Section 105 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE
HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act;
Being an offence that is less grave than murder, the punishment for culpable
homicide not amounting to murder does not extend to the death penalty but
goes up to life imprisonment, depending upon the degree of intention and
knowledge as mentioned under Section 304 of the IPC.

• Section 110 BNS “Attempt to commit culpable homicide.“( Section 308 of

the IPC): even if the actual death does not occur, by focusing on the intention
and knowledge behind the act and the circumstances under which it is carried
out, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.”

• Mob lynching:
Introduction

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 Mob lynching refers to extrajudicial execution of people based on various factors
like race, caste, community, language etc. Earlier there was no separate
provision for mob lynching under the Indian Penal Code, 1860 (IPC).
 The offence of mob lynching has been newly introduced in Bhartiya Nyaya
Sahita, 2023 (BNS) under Section 103 (2).
 Section 117(4) of BNS provides for the offence where the mob causes grievous
hurt to the person.
 Shall be punished with death or with imprisonment for life, and shall also be
liable to fine.

• Murder, Hit and Run Cases, causing death by rash or negligent act (Ss 101,
104, 106, 109):

MURDER
• Section 101 BNS or Section 101 of Bharatiya Nyaya Sanhita talks about
“Murder“(Section 300 in ipc)
• Someone who causes the death of another by doing an act likely to cause
that person’s death.
INGREDIENTS OF MURDER
• Causing death: There should be an intention of causing death
• Doing an act: There should be an intention to cause such bodily injury that is
likely to cause death or
• The act must be done with the knowledge that the act is likely to cause the
death of another.

ILLUSTRATIONS
• A shoots B with an intention of killing him. As a result, B dies, murder is
committed by A.
• D intentionally gives a sword-cut to C that is sufficient to cause death of
anyone in the ordinary course of nature. As a consequence, C dies. Here, D is
guilty of murder though he did not intend to cause C's death.

• The exceptions or when murder become culpable homicide

1. Grave and sudden provocation
2. Private defence
3. Exercise of legal power
4. Without premeditation in sudden fight and
5. Consent in case of passive euthanasia

1. sudden and grave provocation

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• If the offender is deprived of the power of self-control due to sudden and
grave provocation, and his act causes the death of the person who provoked
or death of any other person by accident or mistake.
• A is given grave and sudden provocation by C. A fires at C as a result of this
provocation. A didn't intend or have knowledge that his act is likely to kill C,
who was out of A's sight. A kills C. A is not liable to murder but is liable to
culpable homicide.

• K.M. Nanavati v. State of Maharashtra, 1961 (AIR 1962 SC 605):In this case,
the Supreme Court had extensively explained the law relating to provocation
in India. It was observed by the court:
• The test of "sudden and grave provocation" is whether a reasonable man,
who belongs to the same society as the accused, is placed in the situation in
which the accused was placed would have been so provoked as to lose his
self-control.
• Under certain circumstances, words and gestures may also lead to sudden
and grave provocation to an accused, so as to bring his act under an
exception.
• The mental background of the victim can be taken into consideration,
taking account of his previous act to ascertain whether the subsequent act
leads to sudden and grave provocation for committing the offence.

• Muthu v. State of tamilnadu,((2007) illj 9 mad)In this case, it was held by the
Supreme Court that constant harassment might deprive the power of self-
control, amounting to sudden and grave provocation.

• 2. When the person exceeds his right to private defense

• Act of private defence can said to have been exercised, when the act is
committed in order to defend oneself from further harm. If the accused
intentionally exceeds his right to private defense, then he is liable to
murder. If it is unintentional, then the accused will be liable to culpable
homicide not amounting to murder.

• Nathan v. State of madras, air 1973 Sc 665 in this case the landlord was
trying forcefully to evict the accused. The accused killed the landlord while
exercising his right to private defense. There was no fear of death to the
accused as the deceased was not holding any deadly weapon that could have
caused grievous hurt or death of the accused. The deceased had no intention
to kill the accused, thus, the accused exceeded his right of private defence.
The accused was liable to culpable homicide not amounting to murder.
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3.Culpable homicide in case of public servant

• The act is done by a public servant who is acting to promote public justice. If
the public servant commits an act which is necessary to discharge his duty as
is done in good faith and he believes it to be lawful.

Illustration
• If the police officer goes to arrest a person, the person tries to run away and
during that incident, if the police officer shoots the person, the police officer
will not be guilty of murder.

4.Sudden fight/rage
• The sudden fight is when the fight is unexpected or premeditated. Both the
parties don't have any intention to kill or cause the death of another. The
fact that which party had assaulted or offered a provocation first is not
important.

• Punishment for murder.

• Definition of Section 103 BNS
• Whoever commits murder shall be punished with death or imprisonment for
life, and shall also be liable to fine.
• 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.

 “Punishment for murder by life-convict“

• Section 104 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN
BODY in Bharatiya Nyaya Sanhita 2023 Act:
• 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.

• Hit and Run Cases: (IN IPC Sec-304A. Causing death by negligence.)
• Section 106 BNS or Section 106 of Bharatiya Nyaya Sanhita talks about
“Causing death by negligence.“
• Summary of Hit and Run New Law:
• However, Section 106(2) of the BNS, 2023, punishes drivers who leave the
accident site and fail to report to the nearest police station with imprisonment
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for up to 10 years and a fine. And for those drivers who report to police, the
punishment is up to 5 years.

 Section 109 BNS : “Attempt to murder.“

 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 for Attempt to Murder.
 Imprisonment for 10 years and fine. If such act causes hurt to any person –
Imprisonment for life, or as above. Attempt by life-convict to murder, if hurt is
caused – Death, or imprisonment for life which shall mean the remainder of that
person's natural life.

 Suicide(Ss 107,108):
• Section 107 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE
HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act:
• 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.

• Section 108 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE

HUMAN BODY in Bharatiya Nyaya Sanhita 2023 Act
• 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.

• Organized crimes (Ss 111 112):

• BNS Section 111 defines organised crime as any continuing unlawful activity that
involves criminal acts like kidnapping, robbery, cybercrimes, trafficking, contract
killing, etc., carried out by individuals or groups with the intent to gain material
benefit through illegal means.
• Any person who is a member of an organised crime syndicate shall be punished
with imprisonment for a term which shall not be less than five years but which
may extend to imprisonment for life, and shall also be liable to fine which shall
not be less than five lakh rupees.

• BNS Section 112 : Petty Organized crime:

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• 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.

• 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.

• Terrorist Act (S.113): New Offence

• Section 113 of the BNS provides for the offence of Terrorist Act.
• Any person who is a member of a terrorist gang or a terrorist organisation, which
is involved in terrorist acts, shall be punishable with imprisonment for a term
which may extend to imprisonment for life or with fine which may extend to
rupees ten lakh or with both.
• Explanation.—For the removal of doubts, it is hereby declared that the officer
not below the rank of Superintendent of Police shall decide whether to register
the case under this section or under the Unlawful Activities (Prevention) Act,
1967.
• Issues of Overlap with UAPA (General Law later in time, prevails over the earlier
Special Law if it clearly and directly supersedes the said Special Law, R S
Raghunath v State of Karnataka 1991 SC).

 Hurt, Grievous Hurt resulting in vegetative state or permanent disability (Ss

114-125);
• (IN IPC- Simple hurt. Ss. 319, 321, 323, 324, 327, 328, 330, 332 & 334.
• (IN IPC- Grievous hurt. Ss. 320, 322, 325, 326, 326-A, 326-B, 329, 331, 333 &
335 c).

 Hurt :
• Section 114 – Hurt.
• It states that whoever causes bodily pain, disease or infirmity to any person is
said to cause hurt.

• 1) Bodily pain-
• It may be caused by direct physical contact or otherwise. Thus, if a person
administers blow on the chest with an umbrella, he is said to have caused
hurt, but it is not necessary that visible injury should be caused to the victim.
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• 2) Discase-
• If a person communicates a disease to another person, he would be guilty of
causing hurt. Thus, a person suffering from VD, Venereal Disease may cause
hurt to a women if he has sexual intercourse with her communicating the
disease to her.

• 3) Infirmity-
• It has been interpreted to mean physical inability of an organ to perform its
normal function which may either be temporary or permanent.

 Grievous hurt:
• Section 116 – Grievous hurt.
• Since the Code makers were aware that it was difficult to draw a line between
hurt (simple) and grievous hurt, they thought it better to draw such a line so
as to distinguish bodily hurts which are serious and those which are slight.

• following kinds of hurt only are designated as grievous or When hurt become
grievous hurt .
i. Emasculation.
ii. Permanent privation of the sight of either eye.
iii. Permanent privation of the hearing of either ear.
iv. Privation of any member or joint.
v. Destruction or permanent impairing of the powers of any member or joint.
vi. Permanent disfiguration of the head or face.
vii. Fracture or dislocation of a bone or tooth.
viii. Any hurt which endangers life or which causes the sufferer to be during the
space of fifteen days in severe bodily pain, or unable to follow his ordinary
pursuits.

• Punishment:
• voluntarily causes grievous hurt, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine.
• Case laws
• In Anta Dadoba, a girl's cheeks were branded with a red-hot iron which left
scars of a permanent character. The Court held that the disfigurement
contemplated u/s. 320 was caused.
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• In Narinder Singh vs. Sukhbir Singh, the Hon'ble High Court of Punjab &
Haryana has held that a mere partial cut of the bone amounts to fracture and is
therefore a grievous injury within the meaning of S.320
• In BassooRannah, the accused caused hurt to a woman who remained in
hospital only for 17 days out of which she was in danger for 3 days. The Court
held that the accused had caused grievous hurt.

 Wrongful Restraint and confinement (Ss126-127):

• Section 126 – Wrongful restraint.
• Section 127 – Wrongful confinement.

• Wrongful restraint Section 126 (IN IPC sec 339 )

• whoever voluntarily obstructs any person.
• the obstruction must be such as to prevent that from proceeding in any
direction in which that person has right to proceed.
•
• Exception (when obstruction not amount to wrongful restraint)
• when Obstruction is on private way over land and water.
• when does in good faith believes himself to have a lawful right to obstruct.

• Illustration
• A obstruct a path along which Z has a right to pass, A not believing in good
faith that he has a right to stop the path. Z is thereby prevented from passing.
A wrongfully restraint Z.

• Punishment for wrongful restraint

• Whoever wrongfully restrains any person 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.

• Related case law:

• In case re M. Abraham 2 AIR 1950 mad.233
• Fact:driver of a bus purposely stopped the bus across the road in such a
manner as to prevent another bus which was coming from behind from
proceeding further.
• Judgment: the bus driver was held guilty of an offence under this section,
because the offence is complete as soon as the person proceeding is
obstructed.
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• Wrongful confinement Section 127 ( In IPC sec 340)

• whoever wrongfully restraints any person.
• In such a manner as to prevent that person from proceeding beyond certain
circumscribing limits, is said wrongfully to confine that person.
•
• Illustrations:
• A causes Z to go within a walled space, and locks Z in, Z is thus prevented
from proceeding in any direction beyond the circumscribing line of wall. A
wrongfully confines Z.
• A places man with firearms at the outlets of building and tells Z that they will
fire at Z if Z attempts to leave the building. A wrongfully confines Z.

• Punishment for wrongful confinement :

• Whoever wrongfully confines 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 five thousand rupees, or with both.

• Related case laws:

• S.A. Aziz vs PasamHaribabu and another 2003 6 Cri.L.j. 2462(A.P.)
• Fact: police officer arrested a person in execution of non bailable warrant and
kept him under detention for a week and produced him before magistrate.
• Judgment: the police officer was held guilty for the offence of wrongful
confinement under sec 343 and high court of Andhra Pradesh held that use of
physical force is not necessary for the offence of wrongful confinement.

• Difference between wrongful restraint and wrongful confinement:

Wrongful restraint Wrongful confinement

Discussed in section 126 define in sec 127

It is a partial restraint of personal liberty it is an absolute or total restraint or

of person obstruction of personal liberty.

Wrongful confinement implies wrongful wrongful confinement is a form of

restraint but vice-versa is not correct. wrongful restraint.

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No circumscribing limits or boundaries
certain circumscribing limits are always
are required Movement in only one
necessary.
direction is obstructed.

Choice for the victim to move in any Movement in all directions is

other direction. obstructed.

 Criminal force and assault (Ss128 136);

 Section 128 – Force.

• Definition: Force, as per Section 128 of BNS, involves causing motion, change of
motion, or cessation of motion to another person or any substance. This includes
bringing substances into contact with a person's body or anything they are
wearing or carrying.

• Criminal Force (Section 129 of BNS):

• - Whoever intentionally uses force to any person without their consent, with the
intention of committing an offense or causing injury, fear, or annoyance, is said
to use criminal force. .

• Examples:
• - Pushing someone abruptly in the street to cause discomfort or annoyance.

Assault (Section 130 of BNS):

Definition:
Assault under Section 130 BNS occurs when a person makes any gesture or
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.

Punishment for Assault and criminal force (Section 131 of BNS):

- 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
or three minutes or fine, or both.

Assault on Public Servant (Section 132 of BNS):

Definition:

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Assault on a public servant under Section 132 BNS occurs when a person assaults or
uses criminal force to any person being a public servant in the execution of his duty.
The intent might be to prevent or deter the public servant from discharging his duty.

Punishment for Assault on Public Servant:

- The punishment includes imprisonment for a term that may extend to two years, a
fine, or both.

Example:
- Physically obstructing a police officer from performing their duty during an arrest
or investigation.

Intent to Dishonour (Section 133 of BNS):

Definition:
Assault with the intent to dishonour under Section 133 BNS involves assaulting or
using criminal force to any person intending to dishonour that person, other than on
grave and sudden provocation given by that person.

Punishment for Assault with Intent to Dishonour:

- The punishment includes imprisonment for a term that may extend to two years, a
fine, or both.

Example:
- Engaging in an act that humiliates or disrespects an individual in public with the
intention to cause dishonour.

Attempted Theft (Section 134 of BNS):

Definition:
Assault or criminal force in attempting to commit theft under Section 134 BNS
involves assaulting or using force while attempting to commit theft on any property
carried by a person.

Punishment for Attempted Theft:

- The punishment includes imprisonment for a term that may extend to two years, a
fine, or both.

Example:
- Trying to forcefully snatch a bag or wallet from a person with the intent to steal.
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Assault or criminal force in an attempt to wrongfully confine (Section 135 of BNS):

Definition:
Section 135 of BNS deals with assault or criminal force in an attempt to wrongfully
confine a person.
- The punishment includes imprisonment for a term that may extend to one year, a
fine that may extend to five thousand rupees, or both.

Example:
- Restraining someone against their will, restricting their freedom of movement
without legal justification.

Grave and Sudden Provocation (Section 136 of BNS):

Definition:
Assault on grave and sudden provocation under Section 136 BNS occurs when a
person assaults or uses criminal force on another due to provocation provided by
that person.

Punishment for Assault on Grave and Sudden Provocation:

- The punishment includes simple imprisonment for a term that may extend to one
month, a fine that may extend to one thousand rupees, or both.

Example:
- Reacting violently in the heat of the moment to an immediate and serious
provocation, such as a sudden physical attack.

 Kidnapping, Including Kidnaping for beggary, abduction, slavery and forced

labour (Ss137-146).

• Section 137 – Kidnapping.

• Whoever kidnaps any person from India or from lawful guardianship shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

• Section 138 – Abduction:

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• Whoever by force compels, or by any deceitful means induces, any person to
go from any place, is said to abduct that person.

• Section 139 – Kidnapping or maiming a child for purposes of begging.

• In this section “begging” means,
1. soliciting or receiving alms in a public place, whether under the pretence of
singing, dancing, forture-telling, performing tricks or selling articles or
otherwise;
2. entering on any private premises for the purpose of soliciting or receiving
alms;
3. exposing or exhibiting, with the object of obtaining or extorting alms, any
sore, wound, injury, deformity or disease, whether of himself or of any other
person or of an animal;
4. using such child as an exhibit for the purpose of soliciting or receiving alms.

• The punishment for these offences range between three years to fourteen
years. In addition, Section 139 of the BNS provides punishment against
kidnapping or maiming of a child for the purposes of begging.

• Section 140 – Kidnapping or abducting in order to murder or for ransom etc.

• 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 kidnaps Z from India, intending or knowing it to be likely that Z may be
sacrificed to an idol. A has committed the offence defined in this section.
• A forcibly carries or entices B away from his home in order that B may be
murdered. A has committed the offence defined in this section.

• Section 141 – Importation of girl or boy from foreign country.

• 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.

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• Section 142 – Wrongfully concealing or keeping in confinement, kidnapped or

abducted person.
• BNS Section 142 criminalizes the act of wrongfully concealing or confining a
person who has been kidnapped or abducted. The punishment is equivalent
to that of the original kidnapping or abduction, depending on the intention or
purpose behind the concealment or confinement.

• Section 143 – Trafficking of person.

• (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
order to achieve the consent of any person having control over the person
recruited, transported, harboured, transferred or received, commits the
offence of trafficking.

• Whoever commits the offence of trafficking shall be punished with rigorous

imprisonment for a term which shall not be less than seven years, but which
may extend to ten years, and shall also be liable to fine.

• Section 144 – Exploitation of a trafficked person.

• (1) Whoever, knowingly or having reason to believe that a child below the age
of eighteen years 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 by 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.

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 slavery and forced labour

• Section 145 – Habitual dealing in slaves.
Indian Penal Code, 1860
Bhartiya Nyaya Sanhita, 2023
(corresponding section)

145. Whoever habitually imports, exports, 371. Habitual dealing in slaves.—

removes, buys, sells, traffics or deals in Whoever habitually imports, exports,
slaves, shall be punished with imprisonment removes, buys, sells, traffics or deals in
for life, or with imprisonment of either slaves, shall be punished with 1
description for a term not exceeding ten [imprisonment for life], or with
years, and shall also be liable to fine. imprisonment of either description for a
term not exceeding ten years, and shall
also be liable to fine.

• Section 146 – Unlawful compulsory labour.

Indian Penal Code, 1860

Bhartiya Nyaya Sanhita, 2023
(corresponding section)

374. Unlawful compulsory

labour.—Whoever unlawfully
146. Whoever unlawfully compels any person to compels any person to labour
labour against the will of that person, shall be against the will of that person,
punished with imprisonment of either description shall be punished with
for a term which may extend to one year, or with imprisonment of either description
fine, or with both. for a term which may extend to
one year, or with fine, or with
both.

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UNIT-IV
SYLLABUS
Offences against State: Waging or attempting to wage, war against the
Government of India, Acts endangering sovereignty, unity and integrity of India
(S147-158); Offences relating to election, Coin, Currency notes etc. (Sa 168-188);
Offences against public tranquility, Unlawful Assembly, Rioting, Affray, Promoting
enmity between groups on the grounds of religion etc., Imputations, assertions,
prejudicial to national integration (Sa189-190); Offences against public Justice
False/fabricating evidence, Destruction of evidence, Harboring of Offender (Se 227-
238); Public Nuisance (Sec 270-273); Mischief and Criminal Trespass (Ss 324-334);
Forgery Offences relating to property marks (Ss. 335-344).

PYQ
1. Explain the provisions of IPC relating to the offence against the state
(2020)
2. Define Unlawful Assembly. Distinguish it with Riot.
3. Write a note on criminal trespass.
4. What is giving false evidence? Distinguish from fabricating false
evidence.
5. Write a note on offences relating to public tranquility.
6. Offences relating to election.
7. Define forgery and false documents under Indian penal code.

 OFFENCES AGAINST STATE (S 147-158) / (S 121 — 130 IN IPC)

All crimes are seen as offences against the state or the government, some of them
against the state's existence, such as treason, and rebellion.
The offences against the state lie under chapter VI of Sections 147-158 in the
Bharatiya Nyaya Sanhita 2023

Waging war Section 147;

Waging war against a foreign state that is at peace with India, or attempting to do
so, is punishable by imprisonment for life, a fine, or up to seven years in prison.

Illustration.
A joins an insurrection against the Government of India. A has committed the
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offence defined in this section

Concealing a design to wage war section 150:

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, is punishable by imprisonment.

Assaulting the president or governor,section 151

Assaulting the president or governor with the intent to restrain or compel the
exercise of their lawful powers is an offense.

Endangering India's sovereignty,section 152

The Bharatiya Nyaya Sanhita (BNS) does not have a sedition law, but it does have a
similar offense that is described as acts that endanger the sovereignty, unity, and
integrity of India:
 Section 152 of the BNS
This section penalizes activities that encourage feelings of separatist activities,
excite subversive activities, or endanger the sovereignty, unity, and integrity of
India.
 Comparison to IPC
The previous IPC's Section 124A defined sedition, but the BNS recharacterizes
the offense.
 Emphasis
The BNS emphasizes protecting the sovereignty, unity, and integrity of India,
rather than sedition.
 Vagueness
The BNS does not define what constitutes exciting subversive activities or
encouraging separatist feelings.
 Potential consequences
The BNS could lead to enhanced monitoring and crackdowns on digital
platforms, which could affect freedom of speech and privacy.

Section 155 – “Receiving property taken by war or depredation

Receiving property that was taken in a war or depredation is punishable by up to
seven years in prison, a fine, and forfeiture of the property.

Public servant allowing a prisoner to escape, section 156

A public servant who voluntarily or negligently allows a prisoner of war or state to
escape is guilty of an offense.

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Offences relating to election:

• Offences related to elections include various electoral malpractices such as
bribery, undue influence at elections, Personation and other unlawful
activities that may influence the outcome of elections.

• What are the Objectives of Law on Offences Related to Elections?

• Free and fair election
• Control electoral malpractices
• Maintain the integrity of election process
• Protect the democracy of the state

Q.What are the Provisions for Offences Related to Elections?

• Bribery : Section 170 of BNS prohibits giving or receiving of any gratification to
induce a person to exercise their electoral right.
• Undue Influence at elections: (171 of BNS)
• Undue influence refers to any act or threat that compels a person to vote or
refrain from voting in a certain way.

• Personation: (172 of BNS) (Section 171-D IPC)

• Personation occurs when an individual pretends to be someone else to cast a
vote.
•
• False Statement in Connection with an election: (175 of IPC)
• Section 175 of BNS deals with the publication of false statements or information
with the intent to affect the outcome of an election.

• Illegal payment in connection with an election: (176 of IPC)

• Section 176 of IPC prohibits the payment of any expenses incurred in connection
with an election in cash, exceeding the amount specified by law.
• punishable with fine which may extend to five hundred rupees.

• Failure to keep election accounts: (177 of BNS)

• Candidates and political parties are required to maintain proper accounts of their
election expenses as per the law.
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• Failure to keep election accounts shall be punished with a fine which may extend
to five hundred rupees.

CASE LAW
E Anoop v. State of Kerela (2012):
o In this case, the petitioner allegedly appeared at the polling station by
personating himself as Kuttikkattu Pavitharan to obtain a voting paper, even
though he was not the person that he claimed to be
o The Kerala High Court found him guilty under Section 171-D and 171-F of IPC.

Offences relating to coins and Government Stamps

– Rarely ask to questions.
– Section 178
Covers the act of counterfeiting coins, currency-notes, bank-notes, or government
stamps, as well as participating in any part of the counterfeiting process. The
punishment for this offence is imprisonment for up to life or up to ten years, along
with a fine.
– Section 179
Covers using, selling, buying, importing, or exporting forged or counterfeit coins,
currency-notes, bank-notes, or government stamps as genuine. The punishment
for this offence is imprisonment for up to life or up to ten years, along with a fine.

Public Nuisance & Private Nuisance

• The Bharatiya Nyaya Sanhita (BNS) defines public nuisance in Section 270 and
provides for punishment in Section 292:
• Section 270
• Defines public nuisance as any act or omission that causes injury, danger, or
annoyance to the public or to people who live nearby. It also states that a
public nuisance cannot be excused if it offers some convenience or advantage.
• Section 292
• Provides for a fine of up to one thousand rupees for public nuisance cases that
are not otherwise punishable.

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• Leanse v. Egerton (1945):
o The English Court stated that if the defendant has not done his duty of
taking reasonable care or opting reasonable measures then he shall be
liable for creating public nuisance in case of any mishap taken place with
the public.

• Private nuisance occurs when someone's use or enjoyment of their property is

interfered with by another person's actions. The interference must be substantial
and unreasonable, meaning that it goes beyond what is considered acceptable in
a civilized society.

 Offences against public tranquility:

• Offenses against public tranquility are acts that disturb the peace and order of
society. They are considered serious crimes that can lead to: Inconvenience,
Alarm, Annoyance, and Disruption of normal society functioning.
• Offences against public tranquility in the Bharatiya Nyaya Sanhita (BNS) include:
o Unlawful assembly:
o Rioting
o Overawing
o Resisting legal process:
o Mischief or criminal trespass:

Q. Define Unlawful Assembly. Distinguish it with Riot.

• Section 189. Unlawful assembly —
• An assembly of five or more persons is designated an "unlawful
assembly", if the common object of the persons composing that
assembly is—
• First — To overawe by criminal force, or show of criminal force, 1the
Central 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
• Second — To resist the execution of any law, or of any legal process; or
• Third — To commit any mischief or criminal trespass, or other offence; or
• Fourth — By means of criminal force, or show of criminal force, to any
person, to take or obtain possession of any property, or to deprive any
person of the enjoyment of a right of way, or of the use of water or other
incorporeal right of which he is in possession or enjoyment, or to enforce
any right or supposed right; or
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• Fifth — By means of criminal force, or show of criminal force, to compel
any person to do what he is not legally bound to do, or to omit to do what
he is legally entitled to do.
• Explanation — An assembly which was not unlawful when it assembled,
may subsequently become an unlawful assembly.

• Section 189(2). Being member of unlawful assembly — Whoever, being aware

of facts which render any assembly an unlawful assembly, intentionally joins
that assembly, or continues in it, is said to be a member of an unlawful
assembly.
• Section 189(2). Punishment — Whoever is a member of an unlawful assembly,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.

• Section 191 (1). Rioting — 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.
• Section 191 (2). Punishment for rioting — 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.

• Affray
In the Bharatiya Nyaya Sanhita (BNS), Section 194 defines affray as a public fight
that disturbs the peace:
 Definition: Two or more people fighting in a public place, disturbing the peace
 Punishment: Up to one month in prison, a fine of up to ₹1,000, or both.

 Promoting enmity between groups on the grounds of religion etc.

According to the Bharatiya Nyaya Sanhita (BNS), Section 196 addresses the
promotion of enmity between groups based on religion, race, language, place of
birth, and other grounds. This includes actions that disturb public tranquility or
create fear and insecurity among communities.

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The punishment for promoting enmity between groups on the grounds of religion
under BNS Section 196 is imprisonment up to three years, and in certain cases, up to
five years, along with fines.

 Section 197 – Imputations, assertions prejudicial to national integration:

 Imputations
 Anyone who makes or publishes an imputation that a class of people cannot
uphold India's sovereignty or integrity, or bear true faith and allegiance to the
Constitution of India, can be punished.
 Assertions
 Anyone who asserts, counsels, or advises that a class of people should be
denied their rights as citizens of India can be punished.
 Punishment
 The punishment for these offenses is imprisonment of up to three years, a fine,
or both. If the offense is committed in a place of worship or during a religious
ceremony, the punishment is imprisonment of up to five years, plus a fine.

 The Bharatiya Nyaya Sanhita (BNS) of 2023 includes several sections that deal with
offenses against public justice, including:

Q. What is giving false evidence? Distinguish from fabricating false

evidence.

 Section 227 to 242 deals with giving or fabricating false evidence, issuing or
signing false certificates, using false statements as true, etc. :
 Section 227 : Giving false evidence
 Section 228: Fabricating false evidence

Definitions:
• Giving false evidence: It states that when a person who is legally bound by an
oath to state the truth makes any statement which is false, it can be said that
he has given false evidence.
• Illustration:

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• A in support of a just claim which B has against Z for Rs. 1000/- falsely swears
on a trial that he heard Z admit the justice of B's claim. A has given false
evidence.

• Fabricating false evidence:

• Under this section, if a person causes any circumstance to exist or makes any
document containing a false statement so as to mislead the person dealing
with the matter, it can be said that he has fabricated false evidence.

• Illustration:
• A puts jewels into a box belonging to Z with the intention that they may be
found in that box and that this circumstance may cause Z to be convicted of
theft. A has fabricated false evidence.
• In Mohamod Javed vs. Govt. Of NCT of Delhi, the accused was charged and
detained under TADA and Arms Act and the trial court convicted him. On
appeal, the Court acquitted the accused on the ground that the police falsely
fabricated the evidence.

• Difference between Giving false evidence and fabricating false evidence

Following are the differences of giving false evidence and fabricating false
evidence –

Section Sec 227 (Section 191 in ipc ) Sec 228 (Section 192 in ipc )

Refers to creating or
Refers to making false manufacturing false evidence
statements while under oath or with the intention to use it
Meaning
affirmation during a judicial during a legal process or to
proceeding. cause harm to someone's legal
position.
General mens rea in the form
Core
of knowledge and reason to Particular intention
Concept
believe it

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The act must be such as to lead
the court or officer concerned
Effect of
Immaterial to form an erroneous opinion
offence
about the commission of
offence

 Section 229: Punishment for false evidence etc

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.

 Mischief
Q. Explain the ingredients of the offence of mischief with Illustration. (2019)
Section 324 to 328 deals with Mischief.
• What is Mischief
• As per the Section 324 of the BNS that whenever anyone performs an act
either having an intention to cause or is aware that his act is likely to bring,
some destruction or damage to any property, destroying or diminishing its
value and utility, hence, resulting in an undue loss or damage to the public
or any person is said to commit mischief.

• Ingredients of Mischief
• Essentially there are three key elements to establish Mischief as per the
definition laid down in section 324 of BNS which are as follows:
i. Intention or the knowledge of the act (mens rea);
ii. The act resulting in destruction, damage or change in the property or
situation thereof; and (actus rea)
iii. The change must lead to diminishing the value or utility.

• Illustrations
• “A” intentionally sets X’s home on fire causing him wrongful loss or injury.
• “A” a doctor deliberately prescribed wrong medicine to “B’s” cattle with an
intent to cause wrongful loss or injury.
•
• Case laws
• Intention or the knowledge of the act (mens rea);
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• Similar was the judgement pronounced in the case of Nagendranath Roy v.
Dr. Bijoy Kumar Dasburma where the court observed that mere negligence
does not constitute mischief. However in certain situations when facts
indicate that intention to cause wrongful loss was present along with the
negligence causing damage will amount to mischief.

• The act resulting in destruction, damage or change in the property or

situation thereof and (actus rea):
• In Arjuna vs. State (AIR 1969 Ori 200) case, the court found the accused guilty
for damaging the standing crops grown by the complainant on the land
belonging to the Government as it caused wrongful loss to the government
by diminishing its value.

2. Write a note on criminal trespass.

 329. Criminal trespass and house-trespass.

 criminal trespass.
 This Section deals with the offence of criminal trespass.
 It states that whoever enters into or upon property in the possession of
another with intent to commit an offence or to intimidate, insult or annoy any
person in possession of such property, or having lawfully entered into or upon
such property, unlawfully remains there with intent thereby to intimidate,
insult or annoy any such person, or with intent to commit an offence, is said to
commit criminal trespass.
 The object of making criminal trespass as an offence is to ensure that people
can enjoy their private property without any kind of interruption from
outsiders.
 The use of criminal force is not an essential element under this Section.

 Illustration:
 X unlawfully and without Y’s permission enters Y’s house to steal his
grandfather’s antique watch, X would be liable for theft as well as criminal
trespass.

 House-trespass.
Whoever commits criminal trespass by entering into or remaining in any building,
tent or vessel used as a human dwelling or any building used as a place for worship,
or as a place for the custody of property, is said to commit house-trespass.
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 Essential Elements of Criminal Trespass

 Entering or remaining unlawfully on real property owned by another.
 If entry is lawful, continuing unlawfully on such property.
 Such entry or unlawful remaining must be done with intent.
 Commit an offence.
 Intimidate the owner of the property.

Punishment:

 Whoever commits criminal trespass 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 commits house-trespass 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.

 forgery offences relating to property marks (Sec 335-344)

Q. What is false forgery. when person is said to have made a false document.
Q. What are the essentials of forgery
• forgery
• Section 336- definition :
“whoever by making any false document or electronic record or part of a
document or electronic record to cause damage or injury, to the public or any
person, or to support any claim or title, or to cause any person to part with
property, or to enter into any express or implied contract, or with intent to
commit fraud or that fraud may be committed, commits forgery.”

• Elements of Forgery:
i. A person must make, alter or use a fake document.
ii. The writing must have legal significance.
iii. The writing must be untrue.
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iv. There should be an intention to commit the act.

• What are the documents that are commonly forged?

• Identification documents.
– E.g. Aadhar Card,
– Driving License, etc
– Cheques
– Wills
– Contracts
– Patents
– Drug
– prescriptions
– Deeds
– Certificates

• 335. Making a false document. A person is said to make a false document or

false electronic record—
• Who dishonestly or fraudulently
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity
of the[electronic signature],

• Illustrations
• (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to
defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending
that it may be believed by B that Z so wrote the letter. A has committed forgery.

• Case laws
• In Jibrial Diwan v. State of Maharashtra, it was held that an offence under
section 471 requires some action resulting in a disadvantage which but for the
deception, the person defrauded would have avoided.
•
• In Dr.Vimla v. Delhi Administration, the Hon’ble Supreme Court explained that
the expression ‘defraud’ involves two elements, namely, deceit and injury (other
than economic loss) to the person deceived and; any harm caused to any person
in body, mind. Reputation etc.

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UNIT-V
Offences against Property ; Theft, Snatching (303-307), Extortion (5.308), Robbery (5
309 & 313), Dacoity (Ss 310-312), Criminal misappropriation of property (314-315),
Criminal breach of Trust (S. 316), Receiving stolen property (5.317), Cheating(318 -
319) Defamation, Criminal intimidation, Insult. Annoyance, etc. 351-356

PYQ

1. In all robbery there is either theft or extortion? Explain?

2. What is robbery? When does it become dacoity?
3. What is criminal misappropriation of property? How does it differ from
criminal breach of trust?
4. Explain the ingredients of the offense of cheating with illustration?

---------------------------------------------------------------------------------------------------------------

The major offences against property under IPC are as follows:

1. Theft
2. Extortion
3. Robbery
4. Dacoity
5. Criminal misappropriation
6. Criminal breach of trust
7. Receiving of stolen property
8. Cheating Fraudulent deeds and disposition of property:

Theft, Snatching (303-307)

It says “whoever intends to take dishonestly any movable property out of the
possession of any person without that person’s consent and moves it, he/she is said
to have committed a theft.”

For example: If A is employed by B and entrusted by C with the care of D’s cash,
dishonestly runs away with that cash, without D’s consent. Then A has committed
theft.

• In the case of Pyare Lal Bhargava v. State of Rajasthan, a government

employee took a file from the office and gave it to Mr. A and brought it back
two days later. It was held that he took the property away with a dishonest
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or malicious intention and that is enough to term it as a theft.

• Essentials of theft

• Intention to take dishonestly.

• Any movable property.
• Taking out possession of another person.
• Taking without consent.
• Moving property in order to such taking.

• Punishment for theft:

the punishment for theft is up to three years in prison, a fine, or both. If the
offender is convicted of theft again, they can be punished with at least one year in
prison, up to five years, and a fine.

• Extortion (Section 308)

This section says that any person who intentionally puts another person in fear of
injury and dishonestly induces him or her to deliver any valuable property or
anything signed which can be converted into valuable security is said to have
committed extortion.

For example, if D threatens A that he will keep A’s child in wrongful confinement
and will kill him unless A delivers to him a sum of Rupees one lakh. Then D has
committed extortion.( like hafta)

• Essentials of extortion

• The essentials of extortion are:

– Putting any person in fear of injury
– Dishonest inducement
– Delivery of property or valuable security by the person in
fear to any person.

• Punishment for extortion:

• The punishment for extortion under the Bharatiya Nyaya Sanhita (BNS) Act depends
on the severity of the threat involved:

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Threat Punishment
Fear of injury Imprisonment of up to
seven years, fine, or both
Fear of death or grievous hurt Imprisonment may
(This covers more serious threats where the victim’s extend to 10 years, fine,
life or physical well-being is at risk.) or both
ten years of
threatening the victim with accusations of having imprisonment and a fine
committed a capital offense or an
offense punishable with life imprisonment

• Difference between Extortion and Theft

BASIS
EXTORTION THEFT
Consent The offence involves taking The offence does not involves
wrongful consent of the owner of taking any type of consent from
the property. the owner of the property.
Property Extortion can be committed Only movable property is
against movable as well as subject to theft.
immovable property.
Force There is element of force and the
property is obtained by putting There is no element of force
the person in fear of injury. involved
Delivery
of The property is delivered to the The property is taken away by
Property offender. the offender.

Q. In all robbery there is either theft or extortion? Explain?

Robbery

Causing Death, Hurt or Wrongful Restraint or Fear :

Death, hurt, wrongful restraint or fear can be caused when theft is a robbery or
when extortion is robbery. These two are explained below with the help of
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illustrations.

When theft is robbery:

Theft is a robbery when in order to commit theft, the offender voluntarily causes or
attempts to cause to any person death, subject him to wrongful restraint, cause
hurt or induce fear of instant death, instant wrongful restraint or cause instant hurt.

• Theft can be called as a robbery when the conditions given below are
satisfied:

• When the offender voluntarily attempts to cause death;

• wrongful restraint;
• fear of instant death;
• instant wrongful restraint;
• instant hurt.

• And the above acts are done:

• while committing the theft,

• While carrying away the property acquired by theft, or
• While attempting to carry away property.

• For example, if A holds B down and fraudulently takes B’s money from B’s
clothes without B’s consent. Here A has committed theft and by committing
theft he has voluntarily caused wrongful restraint to B. Therefore, A has
committed robbery.

• When extortion is robbery

• According to Section 309 (4) BNS, ‘extortion’ amounts to ‘robbery’ when..

• When the offender is present before the person and puts him or any other
person in the fear of instant death/hurt/wrongful restraint:
• And due to inducement, the person delivers up the thing extorted:

• In nutshell section 309 (4) BNS can be summarized as:

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• Robbery = [theft + violence or fear of instant violence]OR

• [ extortion+ presence of offender+ fear of instant violence+ immediate

delivery].

• Illustration: A person on road stops you and points gun on your head and
asks to give away all the valuable things that you have right away. The person
is said to have committed the offence of robbery.

• Punishment for Robbery : 309 (4)

• A person who commits robbery can be imprisoned for up to 10 years and

may also face a fine. If the robbery takes place on a highway between
sunset and sunrise, the prison sentence can be extended to 14 years.

Q. What is robbery? When does it become dacoity?

Dacoity means and includes 5 or more than 5 members who are jointly committing
or attempt to commit a robbery or aiding in the commitment of robbery is said to
be and offence of dacoity. Preparation for commitment of robbery is an offence in
itself with punishment of imprisonment which may extend to 10 years with fine.

The essential elements for dacoity are:

1. There must be 5 or more members and all these members should act
conjointly.
2. There must be an instant robbery.
3. Dishonest intention with use of force.

Attempt to commit dacoity with a deadly weapon

The punishment for attempting to commit dacoity while armed with a deadly
weapon is imprisonment for at least seven years.

 Criminal misappropriation of property (314-315), Criminal breach of

Trust (S. 316),

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Q. What is criminal misappropriation of property? How does it differ from
criminal breach of trust?
Q. Write a short note on criminal breach of trust .
• criminal misappropriation of property

 The word ‘misappropriation’ means a dishonest appropriation and use of another

person’s property for one’s own use.

• Criminal misappropriation takes place when the possession has been

innocently come by, but where, by a subsequent change of intention, or the
knowledge of new fact with which the party was not previously acquainted,
the retaining becomes wrongful and fraudulent. A person commits criminal
misappropriation, if he:
 Dishonestly misappropriates or converts any property into his own use,
 Such property should be movable.

The essential elements are:

• There must be a movable property belonging to any other person.

• The property must be taken away or converted for own use with knowledge
that it does not belong to him.
• There should be dishonest intention to do so.

Illustrations

 A takes property belonging to Z out of Z’s possession, in good faith, believing, at the
time when he takes it, that the property belongs to himself. A is not guilty of theft;
but if A, after discovering his mistake, dishonestly appropriates the property to his
own use, he is guilty of an offence under this section.

Criminal breach of trust (Section 405)

The person who is entrusted with any property or with any dominion over the
property is dishonestly:

• misappropriating the property or

• converting the property for his own use or
• dishonestly uses or

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• disposes off such property
which resulted into violation of any direction of law prescribing the mode in which
such trust is to be discharged or of any legal contract which he made for lawful
discharge of such contract or willfully suffers any other person so to do commits
criminal breach of trust.

Illustration

A, a revenue-officer, is entrusted with public money and is either directed by law, or

bound by a contract, express or implied, with the Government, to pay into a certain
treasury all the public money which he holds. A dishonestly appropriates the
money. A has committed criminal breach of trust

The essential elements are:

• There should be entrustment of one person over the property or to have

dominion over any property.
• There should be trust between the parties for such entrustment.
• The property should be converted for the personal use deceitfully.
• Such conversion of property or misappropriation of property should be
against the:
– Direction of legally discharging of trust.
– Lawful contract of discharge of trust.

 U.Dhar v. State of Jharkhand (2003):

o The Supreme Court held that the word ‘dishonestly’ and ‘misappropriate’ are
necessary ingredients of an offence under Section 403. Any dispute being about
recovery of money is purely of civil nature. Hence, a criminal complaint regarding
such a matter is not maintainable.

– Difference Between Criminal Misappropriation & Criminal Breach of Trust

Basis of Criminal Misappropriation Criminal Breach of Trust

Difference

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Provision Offence of criminal Offence of Criminal Breach of Trust

under BNS misappropriation is defined under is defined under section 316 of
section 314 of BNS. BNS.

Relationship But in Criminal Breach of Trust,

In misappropriation, there is no there is a contractual relationship
contractual relationship of the offender regarding the
property.

Possession In criminal breach of trust, the

In misappropriation, the property
property is obtained due to the
is obtained by some casualty or
trust vested by the owner on the
otherwise.
offender.

Misappropriati In criminal breach of trust, the

on property is misappropriated for his
The property is misappropriated
own personal use. A breach of trust
by the offender for his own use.
includes criminal misappropriation,
but the converse is not always true.

Nature of In, Criminal misappropriation the Whereas, in criminal breach of

Property property is always movable in trust, the nature of property can
nature. either be movable or immovable

Punishment Offence of Criminal

Offence of Criminal Breach of Trust
Misappropriation is punishable
is punishable with imprisonment of
with imprisonment of either
either description for a term which
description for a term which may
may extent to 2 years or with fine,
extent to 2 years or with fine, or
or with both
with both

 Receiving stolen property (5.317)

Stolen property means the possession of such properties which is transferred by:
• Theft
• Extortion
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• Robbery
• Criminal misappropriation
• Criminal breach of trust

whereas such transfer or misappropriation or breach of trust is committed in India

or outside the India. But if such property came into the possession of the actual
owner of the property, then it does not said to be a stolen property or it will ceases
to be a stolen property.

Q. Explain the ingredients of the offense of cheating with illustration?

• Cheating(318 -319):

Whoever, by deceiving any person, fraudulently or dishonestly induces the person

so deceived:

• to deliver any property to any person, or

• to consent that any person shall retain any property, or

Intentionally induces the person so deceived

• to do or
• omit to do

anything, which he would not have done if he were not deceived to do so, and
which act or omission causes or is likely to cause damage or harm to that person in
body, mind, reputation or property, is said to cheat A dishonest concealment of
facts is deception within the meaning of section 318 (1).

Illustration
A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief
that this article was made by a certain celebrated manufacturer, and thus
dishonestly induces Z to buy and pay for the article. A has done cheating.

The essential elements are:

• The person should be deceived.

• There should be fraudulent or dishonest inducement of a person
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• The person so deceived should be induced to deliver any property to any person
or to consent that any person shall retain any property.
• The person so deceived should be intentionally induced to do or to omit to do
anything which he would not do if not deceived to do.

 Sections 351–356 of the Bharatiya Nyaya Sanhita (BNS) cover offenses such as
criminal intimidation, intentional insult, defamation, and breach of contract:

Q. Write the essentials of defamtion and state exceptions.

•Defamation
•To defame means to attack the good name or reputation of another person
Defamation thus is the act of defaming. It is an act of causing harm or injury to
the reputation of another.

•Defamation is a statement either written or spoken which exposes a person to

contempt, hatred or ridicule. Defamation thus tends to lower a person in the
estimation of right-thinking members of society generally or tends to make them
shun or avoid him.

•S.356 defines defamation with the help of 4 explanations. The section also
contains 10 exceptions where under a person will not be held guilty for the
offence of defamation. They are based on truth, good faith, public interest, etc.

•It is certainly a tort (civil wrong), but it is also a crime under BNS for which 356 (2),
BNS provides for punishment of simple imprisonment of up to 2 years or fine or
with both

•Illustration

•A draws a picture of Z running away with B's watch intending it to be believed that
Z stole B's watch. This is defamation unless it falls within one ofthe exceptions.

• Essential or ingredients of defamation:

(a) The making or publishing of an imputation concerning any person;

(b) The means of such imputation are words, writing, signs or visible
representations;

(c) Such imputation must have been made with the intention of harming the
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reputation of the person about whom the imputation is published.

 Exceptions of Defamation:

1. Imputation of Truth Which Public Good Requires to Be Made or Published.

2. Public Conduct of a Public Servant.
3. Conduct of Any Person Approaching Any Public Question.
4. Publication of Reports of Proceedings of Courts.
5. Merits of a Case Decided in Court or Conduct of Witnesses and Other
Related to the Case.
6. Merits of Public Performance.
7. Censure Passed in Good Faith by a Person Having Lawful Authority Over
Another.
8. Accusation Desired in Good Faith to Authorized Person.
9. Imputation Made in Good Faith by a Person for the Protection of His or
Others Interests.
10. Caution Intended for the Good of a Person to Whom Conveyed or the
Public Good.

 Criminal intimidation and annoyance and attempt to commit such offences .

• Criminal intimidation

•The offense of Criminal Intimidation is defined in section 351 of BNS. The Provisions
states that any person who threaten another person on bellow mentioned grounds
is liable for criminal intimidation:

a. Threatens injury to his person

b. Threatens injury to his reputation
c. Threatens injury to his property
d. Threatens injury to the person or reputation of anyone in whom the person has
vested interest in order to make such person do any illegal act or omit any act he
is legally authorized to do in order to escape such fear of threat.

However the supreme court in the case of Vikram Johar vs. State of Uttar Pradesh
(2019) has observed that the mere act of abusing a person in a filthy language does
not satisfy the essential ingredients of the offence of criminal intimidation. And in
the case of Amitabh Adhar vs. NCT of Delhi (2000), it was held that a mere threat
does not amount to criminal intimidation. There must be an intention to cause
alarm to the person threatened.

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Intentional Insult Section 352:

Whoever intentionally insults in any manner, and thereby gives provocation to any
person, intending or knowing it to be likely that such provocation will cause him to
break the public peace, or to commit any other offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

Section 353 – Statements conducing to public mischief : with intent to incite, or

which is likely to incite, any class or community of persons to commit any offence
against any other class or community, shall be punished with imprisonment which
may extend to three years, or with fine, or with both.

BNS Section 354 addresses the act of inducing another person to believe that they
or someone they care about will face Divine displeasure, compelling them to act
against their will. The section outlines penalties for such coercive actions.

Illustrations

(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so
sitting, he renders Z an object of Divine displeasure. A has committed the offence
defined in this section.

Section 355 – Misconduct in public by a drunken person.

Whoever, in a state of intoxication, appears in any public place, or in any place

which it is a trespass in him to enter, and there conducts himself in such a manner
as to cause annoyance to any person, shall be punished with simple imprisonment
for a term which may extend to twenty-four hours, or with fine which may extend
to one thousand rupees, or with both or with community.

• Punishment for criminal intimidation

• Punishment
• The punishment for criminal intimidation can be up to two years in prison, a
fine, or both.

• More severe punishment

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• If the intimidation involves threatening to cause death or grievous hurt, or to
destroy property by fire, the punishment can be up to seven years in prison, a
fine, or both.

• Anonymous communication
• If the intimidation is anonymous or the perpetrator takes steps to conceal their
identity, the punishment can be up to two years in prison in addition to the
punishment for the offense

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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
Punishment of person guilty of one of several offences, judgment stating that it is doubtful of
10.
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
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Act done in good faith for benefit of child or person of unsound mind, by, or by consent of
27.
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
Punishment of abetment if act abetted is committed in consequence and where no express
49.
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
Punishment for attempting to commit offences punishable with imprisonment for life or other
62.
imprisonment

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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
Exposure and abandonment of child under twelve years of age, by parent or person having
93.
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

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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
Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of
120.
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

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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
Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful
151.
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
Of Offences Relating to The Army, Navy and Air Force
VIII
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
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his
161.
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

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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
Making or Possessing instruments or materials for forging or counterfeiting coin, Government
181.
stamp, currency-notes or bank-notes
182. Making or Using documents resembling currency-notes or bank-notes
Effacing writing from substance bearing Government stamp, or removing from document a
183.
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
Person employed in mint causing coin to be of different weight or composition from that fixed
187.
by law
188. Unlawfully taking coining instrument from mint
Chapter XI Of Offences Against The Public Tranquillity
189. Unlawful assembly
Every member of unlawful assembly guilty of offence committed in prosecution of common
190.
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
Promoting Enmity between different groups on grounds of religion, race, place of birth,
196.
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

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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
Of Contempts of The Lawful Authority of Public Servants
XIII
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
Nonappearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha
209.
Sanhita, 2023
Omission to Produce document or electronic record to public servant by person legally bound
210.
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
False statement on oath or affirmation to public servant or person authorised to administer an
216.
oath or affirmation
False information, with intent to cause public servant to use his lawful power to injury of
217.
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
Of False Evidence and Offences Against Public Justice
XIV
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
Giving or Fabricating false evidence with intent to procure conviction of offence punishable with
231.
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

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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
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
243.
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
Public servant Disobeying direction of law with intent to save person from punishment or
255.
property from forfeiture
Public servant framing incorrect record or writing with intent to save person from punishment or
256.
property from forfeiture
257. Public servant in judicial proceeding corruptly making report, etc., contrary to law
Commitment for trial or confinement by person having authority who knows that he is acting
258.
contrary to law
259. Intentional omission to apprehend on part of public servant bound to apprehend
Intentional omission to apprehend on part of public servant bound to apprehend person under
260.
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
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
264.
otherwise provided for
Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise
265.
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

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269. Failure by person released on bail bond or bond to appear in Court
Chapter
Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals
XV
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
Of Offences Relating to Religion
XVI
298. Injuring or defiling place of worship with intent to insult religion of any class
Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its
299.
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 Of Offences Against Property

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XVII
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
Dishonest or Fraudulent removal or concealment of property to prevent distribution among
320.
creditors
321. Dishonestly or Fraudulently preventing debt being available for creditors
Dishonest or Fraudulent execution of deed of transfer containing false statement of
322.
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
Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty
327.
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
Of Offences Relating to Documents and to Property Marks
XVIII
335. Making a false document
336. Forgery

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337. Forgery of record of Court or of public register, etc
338. Forgery of Valuable security, will, etc
Having possession of document described in section 337 or section 338, knowing it to be
339.
forged and intending to use it as genuine
340. Forged document or electronic record and using it as genuine
Making or Possessing counterfeit seal, etc., with intent to commit forgery punishable under
341.
section 338
Counterfeiting device or mark used for authenticating documents described in section 338, or
342.
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
Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc
XIX
351. Criminal intimidation
352. Intentional insult with intent to provoke breach of peace
353. Statements conducing to public mischief
Act caused by inducing person to believe that he will be rendered an object of Divine
354.
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
Repeal and Savings
XX
358. Repeal and savings

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