Bharatiya Nayaya Sanhita Index, 2023

THE
BHARATIYA NYAYA SANHITA, 2023

[CENTRAL ACT No. 45 OF 2023]

Chapter I: Preliminary

This chapter covers the initial provisions of the Sanhita.

• Section 1: Short title, commencement, and application.

• Section 2: Defines various terms such as "act," "animal," "child," "counterfeit," "Court," "death," "dishonestly," "document," "fraudulently," "gender," "good faith," "Government," "harbour," "injury," "illegal," "Judge," "life," "local law," "man," "month" and "year," "movable property," "number," "oath," "offence," "omission," "person," "public," "public servant," "reason to believe," "special law," "valuable security," "vessel," "voluntarily," "Will," "woman," "wrongful gain," "wrongful loss," "gaining wrongfully," and "losing wrongfully."

• Section 3: Covers general explanations.

Chapter II: Of Punishments

This chapter outlines different types of punishments and their application.

• Section 4: Punishments.

• Section 5: Commutation of sentence.

• Section 6: Fractions of terms of punishment.

• Section 7: Sentence in certain cases of imprisonment may be wholly or partly rigorous or simple.

• Section 8: Amount of fine, and liability in default of payment.

• Section 9: Limit of punishment of an offence made up of several offences.

• Section 10: Punishment of a person guilty of one of several offences when the judgment states that it is doubtful of which one they are guilty.

• Section 11: Solitary confinement.

• Section 12: Limit of solitary confinement.

• Section 13: Enhanced punishment for certain offences after a previous conviction.
  

Chapter III: General Exceptions

This chapter details general exceptions that may be used as a defense.

• Section 14: Act done by a person who is bound or believes themselves to be bound by law.

• Section 15: Act of a Judge acting judicially.

• Section 16: Act done pursuant to a judgment or order of a Court.

• Section 17: Act done by a person who is justified or believes themselves to be justified by law.
• Section 18: Accident in doing a lawful act.
• Section 19: Act done without criminal intent to prevent other harm.
• Section 20: Act of a child under seven years of age.
• Section 21: Act of a child above seven and under twelve years of age with immature understanding.
• Section 22: Act of a person of unsound mind.
• Section 23: Act of a person incapable of judgment due to intoxication caused against their will.
• Section 24: Offence requiring a particular intent or knowledge committed by an intoxicated person.
• Section 25: Act not intended or known to cause death or grievous hurt, done by consent.
• Section 26: Act not intended to cause death, done by consent and in good faith for a person's benefit.
• Section 27: Act done in good faith for the benefit of a child or person of unsound mind, by or with the consent of a guardian.
• Section 28: Consent given under fear or misconception.
• Section 29: Exclusion of acts that are offences independently of the harm caused.
• Section 30: Act done in good faith for a person's benefit without their consent.
• Section 31: Communication made in good faith.
• Section 32: Act to which a person is compelled by threats.
• Section 33: Act causing slight harm.
• Section 34: Things done in private defence.
• Section 35: Right of private defence of body and of property.
• Section 36: Right of private defence against the act of a person of unsound mind, etc.
• Section 37: Acts against which there is no right of private defence.
• Section 38: When the right of private defence of the body extends to causing death.
• Section 39: When the right extends to causing any harm other than death.
• Section 40: Commencement and continuance of the right of private defence of the body.
• Section 41: When the right of private defence of property extends to causing death.
• Section 42: When the right of private defence of property extends to causing any harm other than death.
• Section 43: Commencement and continuance of the right of private defence of property.
• Section 44: Right of private defence against a deadly assault when there is a risk of harm to an innocent person.

Chapter IV: Of Abetment, Criminal Conspiracy and Attempt

This chapter covers various aspects of abetment, criminal conspiracy, and attempt.

• Section 45: Abetment of a thing.
• Section 46: Abettor.
• Section 47: Abetment in India of offences outside India.
• Section 48: Abetment outside India for an offence in India.
• Section 61: Criminal conspiracy.
• Section 62: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

Chapter V: Of Offences Against Woman and Child

This chapter focuses on crimes against women and children, including sexual offenses and those related to marriage.

• Sexual offences

  • Section 63: Rape.
  • Section 64: Punishment for rape.
  • Section 65: Punishment for rape in certain cases.
  • Section 66: Punishment for causing death or persistent vegetative state of the victim.
  • Section 70: Gang rape.
  • Section 74: Assault or use of criminal force with intent to outrage a woman's modesty.
  • Section 75: Sexual harassment.
  • Section 76: Assault with intent to disrobe a woman.
  • Section 77: Voyeurism.
  • Section 78: Stalking.

• Offences relating to marriage

  • Section 80: Dowry death.
  • Section 81: Cohabitation caused by deceitfully inducing belief of lawful marriage.
  • Section 85: Husband or relative subjecting a woman to cruelty.
  • Section 86: Cruelty defined.

• Offences related to miscarriage, etc.

  • Section 88: Causing miscarriage.
  • Section 89: Causing miscarriage without the woman's consent.
  • Section 92: Causing death of a quick unborn child by an act amounting to culpable homicide.

• Offences against children

  • Section 93: Exposure and abandonment of a child under twelve years of age.
  • Section 94: Concealment of birth by secret disposal of a dead body.
  • Section 98: Selling a child for purposes of prostitution.
  • Section 99: Buying a child for purposes of prostitution.

Chapter VI: Of Offences Affecting the Human Body

This chapter details crimes against the human body, including those affecting life, causing hurt, and wrongful confinement.

• Offences affecting life

  • Section 100: Culpable homicide.
  • Section 101: Murder.
  • Section 103: Punishment for murder.
  • Section 106: Causing death by negligence.
  • Section 108: Abetment of suicide.
  • Section 109: Attempt to murder.
  • Section 110: Attempt to commit culpable homicide.
  • Section 111: Organised crime.
  • Section 113: Terrorist act.
• Of hurt

  • Section 114: Hurt

    Section 116: Grievous hurt.

    Section 124: Voluntarily causing grievous hurt by use of acid, etc.

• Of wrongful restraint and wrongful confinement

  • Section 126: Wrongful restraint.

  • Section 127: Wrongful confinement.

• Of kidnapping, abduction, slavery and forced labour

  • Section 137: Kidnapping.

  • Section 138: Abduction.

  • Section 143: Trafficking of persons.

  • Section 146: Unlawful compulsory labour.

Chapter VII: Of Offences Against the State

This chapter addresses crimes against the state.

• Section 147: Waging, or attempting to wage war, or abetting the waging of war, against the Government of India.

• Section 148: Conspiracy to commit offences punishable by section 147.

• Section 152: Assaulting the President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

• Section 153: Act endangering the sovereignty, unity, and integrity of India.

Chapter VIII: Of Offences Relating to the Army, Navy and Air Force

This chapter covers offenses specific to the armed forces.

• Section 159: Abetting mutiny, or attempting to seduce a soldier, sailor, or airman from his duty.

• Section 160: Abetment of mutiny, if mutiny is committed in consequence thereof.

• Section 164: Harbouring a deserter.

• Section 168: Wearing a garb or carrying a token used by a soldier, sailor, or airman.

Chapter IX: Of Offences Relating to Elections

This chapter deals with crimes related to elections.

• Section 169: Candidate and electoral right defined.

• Section 170: Bribery.

• Section 171: Undue influence at elections.

• Section 172: Personation at elections.

• Section 173: Punishment for bribery.

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

This chapter covers crimes related to currency and stamps.

• Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes.

• Section 179: Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

• Section 180: Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

Chapter XI: Of Offences Against the Public Tranquillity

This chapter outlines crimes that disturb public peace.

• Section 189: Unlawful assembly.

• Section 190: Every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object.

• Section 191: Rioting.

• Section 194: Affray.

• Section 196: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.

Chapter XII: Of Offences by or Relating to Public Servants

This chapter deals with crimes committed by or against public servants.

• Section 198: Public servant disobeying the law with intent to cause injury to any person.

• Section 204: Personating a public servant.

• Section 205: Wearing a garb or carrying a token used by a public servant with fraudulent intent.

Chapter XIII: Of Contempts of the Lawful Authority of Public Servants

This chapter covers acts of contempt against the authority of public servants.

• Section 206: Absconding to avoid service of summons or other proceedings.

• Section 210: Omission to produce a document or electronic record to a public servant when legally bound to do so.

• Section 212: Furnishing false information.

• Section 215: Refusing to sign a statement.

• Section 221: Obstructing a public servant in the discharge of their public functions.

Chapter XIV: Of False Evidence and Offences Against Public Justice

This chapter deals with false evidence and crimes that obstruct public justice.

• Section 227: Giving false evidence.

• Section 228: Fabricating false evidence.

• Section 229: Punishment for false evidence.

• Section 238: Causing the disappearance of evidence of an offence, or giving false information to screen an offender.

• Section 249: Harbouring an offender.

• Section 254: Penalty for harbouring robbers or dacoits.

Chapter XV: Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals

This chapter covers crimes related to public well-being.

• Section 270: Public nuisance.

• Section 271: Negligent act likely to spread infection of disease dangerous to life.

• Section 274: Adulteration of food or drink intended for sale.

• Section 281: Rash driving or riding on a public way.

• Section 282: Rash navigation of a vessel.

• Section 294: Sale, etc., of obscene books, etc.

• Section 296: Obscene acts and songs.

Chapter XVI: Of Offences Relating to Religion

This chapter outlines crimes related to religion.

• Section 298: Injuring or defiling a place of worship with intent to insult the religion of any class.

• Section 299: Deliberate and malicious acts intended to outrage the religious feelings of any class by insulting their religion or religious beliefs.

• Section 300: Disturbing a religious assembly.

• Section 301: Trespassing on burial places, etc.

Chapter XVII: Of Offences Against Property

This chapter covers crimes against property, including theft, robbery, and mischief.

• Of theft

  • Section 303: Theft.

  • Section 304: Snatching.

• Of extortion

  • Section 308: Extortion.

• Of robbery and dacoity

  • Section 309: Robbery.

  • Section 310: Dacoity.

• Of criminal misappropriation of property

  • Section 314: Dishonest misappropriation of property.

• Of criminal breach of trust

  • Section 316: Criminal breach of trust.

• Of cheating

  • Section 318: Cheating.

  • Section 319: Cheating by personation.

• Of mischief

  • Section 324: Mischief.

  • Section 325: Mischief by killing or maiming an animal.

• Of criminal trespass

  • Section 329: Criminal trespass and house-trespass.

  • Section 330: House-trespass and housebreaking.

Chapter XVIII: Of Offences Relating to Documents and to Property Marks

This chapter focuses on crimes involving documents and property marks.

• Section 335: Making a false document.

• Section 336: Forgery.

• Section 338: Forgery of a valuable security, will, etc.

• Section 344: Falsification of accounts.

• Section 347: Counterfeiting a property mark.

• Section 349: Selling goods marked with a counterfeit property mark.

Chapter XIX: Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.

This chapter deals with crimes of intimidation and harm to reputation.

• Section 351: Criminal intimidation.

• Section 352: Intentional insult with intent to provoke a breach of peace.

• Section 353: Statements conducing to public mischief.

• Section 356: Defamation.

Chapter XX: Repeal and Savings

• Section 358: Repeal and savings.