Law for High Court Section Officer · Chapter 4

Bharatiya Nyaya Sanhita (BNS): Offences, Punishments and General Exceptions

What to remember

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code, 1860 from 1 July 2024. It has 358 sections in 20 chapters, while the old IPC had 511 sections in 23 chapters.
A crime needs a guilty act and a guilty mind (actus reus and mens rea). The General Exceptions (Chapter III of the BNS) list the cases where an act that looks like an offence is not an offence.
BNS adds new items: community service as a punishment, offences like mob lynching, organised crime, terrorist acts and snatching, and a new offence for acts endangering the sovereignty, unity and integrity of India (in place of sedition).

Background and structure

The IPC was drafted under Lord Macaulay's Law Commission and came into force in 1862. Parliament passed the BNS in 2023, together with the Bharatiya Nagarik Suraksha Sanhita (replacing the Code of Criminal Procedure) and the Bharatiya Sakshya Adhiniyam (replacing the Evidence Act). All three came into force on 1 July 2024.

The BNS opens with short title, definitions and general explanations. Chapter II deals with punishments. Chapter III deals with general exceptions. Later chapters deal with offences against women and children, offences affecting the human body, offences against property, forgery, defamation and so on. Crimes committed before 1 July 2024 are still tried under the IPC.

Some definitions to know. "Child" means a person below eighteen years. "Life imprisonment" means imprisonment for the remainder of the person's natural life. "Voluntarily" means causing an effect by means the person meant to use, or knew or had reason to believe likely to cause it. "Dishonestly" means doing something with the intention of causing wrongful gain to one person or wrongful loss to another. "Fraudulently" means with intent to defraud.

Punishments (Chapter II)

The BNS lists six kinds of punishment: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine, and community service. Community service is new. It is used for minor offences, for example petty theft by a first-time offender, defamation, and an attempt to commit suicide to compel or restrain a public servant. Imprisonment can be rigorous (with hard labour) or simple. The court may also award a mix, such as part rigorous and part simple. A fine may be imposed along with imprisonment, and non-payment can lead to further imprisonment in default. The appropriate government can commute a sentence of death or life imprisonment under the Act.

Punishment	Key point
Death	For the rarest of rare cases such as murder in listed forms, terrorist acts causing death
Life imprisonment	Remainder of natural life
Rigorous imprisonment	With hard labour
Simple imprisonment	Without labour
Fine	Money; default sentence may follow
Community service	New; unpaid work for the community, for minor offences

General exceptions (Chapter III)

These sections say that no offence is committed in the following cases.

1. Mistake of fact: An act done by a person who is bound by law, or by mistake of fact believes in good faith that he is bound by law, to do it. Mistake of law is no defence.
2. Judicial acts: Acts of a Judge acting judicially, and acts done under a court's judgment or order.
3. Accident: An act done by accident or misfortune, without criminal intention or knowledge, in doing a lawful act in a lawful manner by lawful means with proper care.
4. Necessity: An act likely to cause harm but done without criminal intent, to prevent other greater harm.
5. Infancy: A child under seven years is not liable for anything. A child above seven but under twelve is not liable if he has not attained enough maturity to understand the nature and consequences of the act.
6. Unsound mind: An act of a person who, because of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong or contrary to law. This is the legal test of insanity (the McNaghten rule).
7. Intoxication: An act of a person who is incapable of judgement because of intoxication caused against his will or without his knowledge is not an offence. Voluntary intoxication is not a defence, though intention may be considered.
8. Consent: Acts done with consent that cause no more than hurt, and not intended to cause death, and done in good faith for the benefit of the person (for example, a surgeon's operation).
9. Compulsion (duress): Threat of instant death compels a person to do an act, except murder and offences against the State punishable with death.
10. Trivial harm: Acts causing harm so slight that no ordinary person would complain.

Right of private defence (a group of sections from the right itself to its limits). Every person has a right to defend his own body and the body of another, and his property and that of another, against specified offences. The right is not available against acts of public servants acting in good faith under the law, or when there is time to seek the protection of public authorities. It can never exceed the harm needed for defence. The right of the body begins with a reasonable apprehension of danger and continues as long as that apprehension continues. The right extends to causing death only if the attack raises a reasonable fear of death, grievous hurt, rape, unnatural lust, kidnapping or abduction, wrongful confinement, or acid attack. For property, the right extends to causing death only in robbery, house-breaking by night, arson, and theft, mischief or house-trespass causing a fear of death or grievous hurt.

Key concepts: abetment, conspiracy, attempt, groups

Common intention (joint liability): when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he alone did it. It needs a pre-arranged plan and participation.
Unlawful assembly: five or more persons with a common object listed in law. Every member is liable for offences committed in prosecution of the common object. Here, a common object is enough; a prior meeting of minds is not needed.
Abetment: by instigation, by conspiracy, or by intentional aid. Abetment is complete once the instigation is made, even if the crime is not committed.
Criminal conspiracy: an agreement between two or more persons to do an illegal act, or a legal act by illegal means. For an agreement to do an illegal act that is not an offence, some overt act besides the agreement is needed; an agreement to commit an offence is enough by itself.
Attempt: four stages of crime are intention, preparation, attempt and commission. Intention and preparation are generally not punishable (with exceptions, such as preparation to commit dacoity). Attempt is punishable with up to half the longest term for the offence, or fine, or both, where no specific punishment is given.

Offences against the human body

Culpable homicide is causing death with the intention of causing death, or such bodily injury as is likely to cause death, or with knowledge that the act is likely to cause death. It is murder when the act is done with the intention of causing death, or an injury the offender knows is likely to cause death of that person, or an injury sufficient in the ordinary course of nature to cause death, or when the act is so imminently dangerous that it must in all probability cause death. Murder is punished with death or life imprisonment, and fine. Culpable homicide not amounting to murder carries a lower punishment.

Exceptions that reduce murder to culpable homicide: grave and sudden provocation, exceeding the right of private defence in good faith, a public servant exceeding his powers, a sudden fight in the heat of passion without premeditation, and death with the consent of a person above eighteen.

Other offences: causing death by a rash or negligent act (a lighter punishment than murder), abetment of suicide, attempt to murder, dowry death (death of a woman within seven years of marriage in connection with dowry demands; minimum seven years, may extend to life), cruelty by husband or relatives, voluntary hurt, grievous hurt (for example loss of sight or hearing, loss of a limb or joint, permanent disfiguring of head or face, fracture, or hurt endangering life), acid attack, wrongful restraint and wrongful confinement, kidnapping and abduction, human trafficking, rape and gang rape, stalking, voyeurism, and assault or criminal force to outrage the modesty of a woman. BNS prescribes a minimum of ten years rigorous imprisonment, which may extend to life, for rape. Sexual intercourse by deceitful means or with a false promise to marry is a separate offence. The exception for a husband's intercourse with a wife of eighteen years or above remains.

Offences against property

Offence	Basic idea
Theft	Dishonestly moving movable property out of another's possession without consent
Snatching	New offence: sudden or quick seizing of movable property from a person or taking it away
Extortion	Putting a person in fear of injury and dishonestly making him deliver property
Robbery	Theft or extortion with instant death, hurt or restraint (or fear of it)
Dacoity	Robbery by five or more persons together
Criminal misappropriation	Dishonest use of property that has come into one's possession
Criminal breach of trust	Dishonest misuse of property entrusted to the person
Cheating	Deceiving a person to dishonestly induce him to deliver property
Mischief	Causing loss or damage with intent
Criminal trespass	Entering property with intent to commit an offence or to intimidate or annoy

Theft, robbery and dacoity have separate numbered sections, and the BNS punishes dacoity with life imprisonment or rigorous imprisonment up to ten years, and fine. Receiving stolen property dishonestly is also an offence.

Other important offences

Organised crime (continuing unlawful activity by a gang for gain, including kidnapping, extortion, cyber crime) and petty organised crime are new. Terrorist act (threatening the unity, integrity, sovereignty or security of India or striking terror in the people) is defined in the BNS. Mob lynching: when a group of five or more persons acts together and kills on grounds such as race, caste, community, sex, place of birth, language or personal belief, each member can be punished with death or life imprisonment. Acts endangering sovereignty, unity and integrity of India replace the old sedition offence, which is no longer in the Code. Defamation by words, signs or visible representations is punishable with simple imprisonment up to two years, fine, or community service. Criminal intimidation, insult and forgery are further offences, as are offences relating to public tranquillity (rioting, affray, promoting enmity between groups).

Exam traps

IPC had 511 sections; BNS has 358. Do not mix them up.
A child below seven is absolutely immune; a child aged seven to twelve is immune only when immature. Above twelve there is no special protection.
Intention and preparation are not punished in general; attempt is.
Common intention needs a prior plan; common object (unlawful assembly) needs no prior plan.
Theft is without force. Robbery needs fear or force. Dacoity needs five or more persons.
Insanity must exist at the time of the act. A medical condition alone is not enough.
Voluntary intoxication is not a defence; involuntary intoxication can be.
Mistake of fact is a defence; mistake of law is not.
Sedition is no longer an offence by that name. The new offence is about acts endangering sovereignty, unity and integrity.

One-liners

1. BNS 2023 came into force on 1 July 2024.
2. BNS has 358 sections in 20 chapters.
3. The BNS replaced the IPC, which had been in force since 1862.
4. Community service is a new punishment under the BNS.
5. Murder is punished with death or life imprisonment, and fine.
6. Dacoity needs five or more persons.
7. A child below seven cannot commit an offence.
8. Unlawful assembly needs five or more persons.
9. Attempt is punishable; mere preparation generally is not.
10. Mob lynching by five or more persons on identity grounds is a separate offence.
11. Dowry death means death of a woman within seven years of marriage in connection with dowry demands.
12. "Child" under the BNS means a person below eighteen years.

Practice questions

The Bharatiya Nyaya Sanhita, 2023 came into force on
1. 1 July 2024
2. 15 August 2023
3. 1 January 2024
4. 26 January 2024
Answer
A. 1 July 2024
BNS, BNSS and BSA were all brought into force on 1 July 2024.
The Bharatiya Nyaya Sanhita replaced which law?
1. Indian Evidence Act, 1872
2. Indian Contract Act, 1872
3. Indian Penal Code, 1860
4. Code of Criminal Procedure, 1973
Answer
C. Indian Penal Code, 1860
BNS replaced the IPC; BNSS replaced CrPC; BSA replaced the Evidence Act.
How many sections does the Bharatiya Nyaya Sanhita contain?
1. 511
2. 358
3. 411
4. 298
Answer
B. 358
BNS has 358 sections in 20 chapters; the IPC had 511.
Which of these is a new punishment introduced by the BNS?
1. Whipping
2. Solitary confinement for life
3. Transportation for life
4. Community service
Answer
D. Community service
Community service for minor offences is new; the list also has death, life imprisonment, imprisonment, forfeiture of property and fine.
Under the BNS, 'life imprisonment' means imprisonment
1. for the remainder of the person's natural life
2. for twenty-five years
3. for twenty years
4. for fourteen years
Answer
A. for the remainder of the person's natural life
The BNS defines life imprisonment as imprisonment for the remainder of the natural life of the person.
Murder is punished with
1. imprisonment up to ten years only
2. death or life imprisonment, and fine
3. fine only
4. simple imprisonment up to seven years
Answer
B. death or life imprisonment, and fine
Murder carries death or imprisonment for life, and a fine.
Dacoity requires robbery committed by or with
1. ten or more persons
2. three or more persons
3. two or more persons
4. five or more persons
Answer
D. five or more persons
Dacoity is conjoint commission or attempt of robbery by five or more persons.
An unlawful assembly must consist of at least
1. seven persons
2. three persons
3. five persons
4. two persons
Answer
C. five persons
Five or more persons with a common illegal object form an unlawful assembly.
A child below seven years of age is
1. liable if the offence is serious
2. incapable of committing any offence
3. liable if it acts with a companion
4. liable only for property offences
Answer
B. incapable of committing any offence
Nothing is an offence if done by a child under seven (general exception on infancy).
The test for the defence of unsound mind is that the person was, at the time of the act,
1. incapable of knowing the nature of the act or that it was wrong or contrary to law
2. under treatment by a doctor
3. a patient of a mental hospital
4. suffering from any mental illness
Answer
A. incapable of knowing the nature of the act or that it was wrong or contrary to law
The legal test of insanity looks at capacity at the time of the act (McNaghten rule).
A theft becomes robbery when it is committed with
1. the help of one other person
2. the owner's absence from the house
3. delay in returning the goods
4. fear of instant death, hurt or wrongful restraint
Answer
D. fear of instant death, hurt or wrongful restraint
Theft or extortion with fear of instant death, hurt or restraint is robbery.
The offence called 'sedition' under the IPC is
1. retained under the same name with higher punishment
2. replaced by the offence of defamation
3. made punishable only with a fine
4. not retained under that name; a new offence on acts endangering sovereignty, unity and integrity replaces it
Answer
D. not retained under that name; a new offence on acts endangering sovereignty, unity and integrity replaces it
The BNS omits sedition and adds an offence for acts endangering the sovereignty, unity and integrity of India.
Mere intention and preparation to commit an offence are generally
1. punishable as attempt
2. not punishable
3. punishable with death
4. punishable with fine only in all cases
Answer
B. not punishable
Only attempt and later stages are punishable, except special cases such as preparation for dacoity.
Which legal maxim expresses the need for a guilty mind in crime?
1. Actus non facit reum nisi mens sit rea
2. Nemo dat quod non habet
3. Res ipsa loquitur
4. Volenti non fit injuria
Answer
A. Actus non facit reum nisi mens sit rea
The act is not guilty unless the mind is guilty.
Which general exception protects a surgeon who, in good faith, operates on a patient with his consent for his benefit?
1. Act of a judge
2. Compulsion by threats
3. Act done with consent for benefit of the person
4. Right of private defence
Answer
C. Act done with consent for benefit of the person
Acts done in good faith for a person's benefit with consent, causing no more than hurt, are not offences.
The term 'child' in the BNS means a person below the age of
1. sixteen years
2. fourteen years
3. eighteen years
4. twelve years
Answer
C. eighteen years
The BNS defines a child as a person who has not completed eighteen years.
Under the BNS, the offence of 'organised crime' refers to
1. a single act of theft by one person
2. continuing unlawful activity by a gang for gain
3. a minor traffic violation
4. an offence by a public servant only
Answer
B. continuing unlawful activity by a gang for gain
Organised crime is continuing unlawful activity by a syndicate, such as kidnapping, extortion or cyber crime, for gain.
A person kills another in a sudden fight in the heat of passion without premeditation. The offence is likely to be
1. murder with death sentence
2. culpable homicide not amounting to murder
3. no offence at all
4. only criminal trespass
Answer
B. culpable homicide not amounting to murder
Sudden fight is one of the exceptions that reduces murder to culpable homicide not amounting to murder.
A servant dishonestly keeps for himself money that his master entrusted to him to deposit in a bank. The offence is
1. criminal breach of trust
2. theft
3. robbery
4. extortion
Answer
A. criminal breach of trust
Dishonest misuse of property entrusted to a person is criminal breach of trust; there is no taking out of possession.
A shows a counterfeit coin as genuine and induces B to hand over goods. A has committed
1. cheating
2. mischief
3. robbery
4. criminal trespass
Answer
A. cheating
Deceiving a person to dishonestly deliver property is cheating.
A threatens to harm B's reputation unless B hands over money, and B hands it over out of fear. This is
1. theft
2. mischief
3. extortion
4. cheating
Answer
C. extortion
Putting a person in fear of injury and dishonestly inducing delivery of property is extortion.
A, a robber, attacks B with a knife. B hits A with a stick in defence and A dies. B's act is most likely
1. dacoity
2. murder in all cases
3. an offence of rioting
4. protected by the right of private defence
Answer
D. protected by the right of private defence
Reasonable fear of death or grievous hurt allows private defence to extend to causing death.
A person who is a minor aged ten with mature understanding commits theft. He
1. can never be held liable
2. is liable as an adult for life imprisonment
3. may be held liable since he understood the nature of the act
4. is liable only for a fine
Answer
C. may be held liable since he understood the nature of the act
A child between seven and twelve is protected only if he lacks sufficient maturity.
A person abets an offence by instigating another, but the offence is never committed. He
1. is not guilty because no offence occurred
2. is guilty only if the principal is caught
3. is guilty of the main offence itself
4. is still guilty of abetment
Answer
D. is still guilty of abetment
Abetment is complete on instigation, even if the act is not done.
A kills B in a mob; five or more persons in the group acted together on grounds of caste. This is covered by the offence of
1. mob lynching
2. petty theft
3. rioting with no death
4. trespass
Answer
A. mob lynching
BNS has a separate offence for murder by five or more persons on grounds like race, caste or community.
Which of these is a defence under the general exceptions?
1. Mistake of fact in good faith
2. Ignorance of the Act
3. Voluntary drunkenness
4. Mistake of law
Answer
A. Mistake of fact in good faith
Mistake of fact in good faith is a defence; mistake of law is not; voluntary intoxication is not a defence.
The right of private defence of the body extends to causing death if the attack raises a reasonable fear of
1. slight pushing
2. an insult
3. any loss of money
4. grievous hurt or death
Answer
D. grievous hurt or death
Death may be caused where there is reasonable apprehension of death, grievous hurt, rape, kidnapping, acid attack and similar.
Defamation under the BNS can be punished with
1. rigorous imprisonment for ten years
2. simple imprisonment up to two years, fine, or community service
3. life imprisonment
4. death
Answer
B. simple imprisonment up to two years, fine, or community service
BNS defamation punishment includes simple imprisonment up to two years, fine or community service.
Dowry death refers to the death of a woman within how many years of marriage in connection with dowry demands?
1. five years
2. three years
3. seven years
4. ten years
Answer
C. seven years
The offence applies where death occurs within seven years of marriage and she was subjected to cruelty over dowry.
Which of these combinations of persons is needed for 'common intention' to apply?
1. One person acting alone
2. Several persons with a pre-arranged plan acting together
3. Only the leader of a group
4. Persons unaware of each other's plans
Answer
B. Several persons with a pre-arranged plan acting together
Common intention requires a shared plan and participation of all in furtherance of it.
Statements about the BNS: 1. It replaced the Indian Penal Code. 2. It has 511 sections.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
BNS replaced the IPC but has 358 sections; 511 was the IPC's count.
Statements about infancy: 1. A child under seven is absolutely immune. 2. A child aged seven to twelve is immune whatever his understanding.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Between seven and twelve, immunity depends on lack of mature understanding.
Statements about private defence: 1. It exists even where there is time to seek help from public authorities. 2. It can never exceed the harm necessary for defence.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
The right is not available when there is time to approach authorities; and it cannot go beyond what is needed.
Statements on stages of crime: 1. Attempt is generally punishable. 2. Preparation is always punishable.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Preparation is punishable only in special cases; attempt is generally punishable.
Statements about intoxication: 1. Involuntary intoxication can be a defence if the person is incapable of judgement. 2. Voluntary intoxication is always a complete defence.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Voluntary drunkenness is not a defence in general.
Statements on theft and robbery: 1. Theft requires no fear or force. 2. Dacoity can be committed by two persons.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Dacoity needs five or more persons.
Statements about punishments under the BNS: 1. Fine is a punishment. 2. Community service is a punishment.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are in the list of punishments; community service is new.
Statements about murder: 1. Murder is a form of culpable homicide. 2. Death caused in a sudden fight without premeditation may fall under an exception that reduces murder to culpable homicide.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
All murder is culpable homicide; exceptions such as sudden fight reduce the offence.
Statements about abetment: 1. Instigation is a way of abetting an offence. 2. Conspiracy and intentional aid are also forms of abetment.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Abetment is by instigation, conspiracy or intentional aid.
Statements about the BNS: 1. Mob lynching is a separate offence. 2. Sedition by that name is retained unchanged.
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
Sedition is omitted and replaced by an offence on acts endangering sovereignty, unity and integrity.
Match the offence with its feature: (a) Extortion (b) Theft (c) Cheating (d) Criminal breach of trust (i) deception inducing delivery (ii) fear of injury induces delivery (iii) entrusted property misused (iv) dishonest taking without consent
1. a-iii, b-i, c-iv, d-ii
2. a-i, b-ii, c-iii, d-iv
3. a-iv, b-iii, c-ii, d-i
4. a-ii, b-iv, c-i, d-iii
Answer
D. a-ii, b-iv, c-i, d-iii
Extortion = fear; theft = dishonest taking; cheating = deception; breach of trust = entrusted property.
Match the exception with its feature: (a) Accident (b) Infancy (c) Compulsion (d) Unsound mind (i) threat of instant death (ii) lawful act, proper care, no criminal intent (iii) under seven (iv) cannot know nature of act
1. a-iii, b-iv, c-ii, d-i
2. a-i, b-ii, c-iii, d-iv
3. a-iv, b-i, c-ii, d-iii
4. a-ii, b-iii, c-i, d-iv
Answer
D. a-ii, b-iii, c-i, d-iv
Accident: lawful act with care; infancy: under seven; compulsion: threat of instant death; unsound mind: cannot know nature.
Compulsion by threats is NOT a defence in the case of
1. a minor assault
2. murder
3. mischief to a small object
4. petty theft
Answer
B. murder
Compulsion does not excuse murder or offences against the State punishable with death.
Which of these is NOT a form of punishment listed in the BNS?
1. Forfeiture of property
2. Fine
3. Imprisonment for life
4. Whipping
Answer
D. Whipping
Whipping is not a listed punishment.
Under the BNS, attempt to commit an offence with no specific punishment is generally punishable with up to
1. half of the longest term for the offence, or fine, or both
2. double the longest term
3. one-tenth of the longest term
4. life imprisonment
Answer
A. half of the longest term for the offence, or fine, or both
The general rule for attempt is up to half the longest term, or fine, or both.

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