Section 60 to 79 of BNSS : Section 60 to 79

Explanation using Example

Example 1:

Scenario: Ramesh is aware that his friend, Suresh, is planning to commit a burglary in their neighborhood. Instead of reporting it to the authorities, Ramesh decides to keep quiet about it. Suresh goes ahead and commits the burglary.

• Section: 60(a)
• Offence: Concealing a design to commit an offence punishable with imprisonment, if offence be committed.
• Punishment: Imprisonment extending to one-fourth of the longest term provided for the offence (burglary).
• Cognizable or Non-cognizable: According as offence abetted is cognizable or non-cognizable (burglary is cognizable).
• Bailable or Non-bailable: According as offence abetted is bailable or non-bailable (burglary is non-bailable).
• By what Court triable: Court by which offence abetted is triable (Court of Session).

Example 2:

Scenario: Priya, a police officer, rapes a woman under her custody. The act is discovered, and Priya is arrested and charged.

• Section: 64(2)
• Offence: Rape by a police officer.
• Punishment: Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and fine.
• Cognizable or Non-cognizable: Cognizable.
• Bailable or Non-bailable: Non-bailable.
• By what Court triable: Court of Session.

Example 3:

Scenario: Anil conspires with his friends to commit a murder. They make detailed plans, but the murder is not carried out.

• Section: 61(2)(a)
• Offence: Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.
• Punishment: Same as for abetment of the offence which is the object of the conspiracy (punishment for conspiracy to commit murder).
• Cognizable or Non-cognizable: According as the offence which is the object of conspiracy is cognizable or non-cognizable (murder is cognizable).
• Bailable or Non-bailable: According as offence conspiracy is bailable or non-bailable (murder is non-bailable).
• By what Court triable: Court by which abetment of the offence which is the object of conspiracy is triable (Court of Session).

Example 4:

Scenario: Sanjay, a hospital staff member, rapes a patient under his care.

• Section: 64(2)
• Offence: Rape by a person on the management or on the staff of a hospital.
• Punishment: Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and fine.
• Cognizable or Non-cognizable: Cognizable.
• Bailable or Non-bailable: Non-bailable.
• By what Court triable: Court of Session.

Example 5:

Scenario: A 30-year-old man is caught raping a 15-year-old girl.

• Section: 65(1)
• Offence: Persons committing offence of rape on a woman under sixteen years of age.
• Punishment: Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine.
• Cognizable or Non-cognizable: Cognizable.
• Bailable or Non-bailable: Non-bailable.
• By what Court triable: Court of Session.

Example 6:

Scenario: A married couple is living separately due to marital issues. During this period, the husband forces himself on his wife.

• Section: 67
• Offence: Sexual intercourse by husband upon his wife during separation.
• Punishment: Imprisonment for not less than 2 years but which may extend to 7 years and fine.
• Cognizable or Non-cognizable: Cognizable (only on the complaint of the victim).
• Bailable or Non-bailable: Bailable.
• By what Court triable: Court of Session.

Example 7:

Scenario: A group of men forcibly rapes a woman. The crime is reported, and all involved are arrested.

• Section: 70(1)
• Offence: Gang rape.
• Punishment: Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine.
• Cognizable or Non-cognizable: Cognizable.
• Bailable or Non-bailable: Non-bailable.
• By what Court triable: Court of Session.

Example 8:

Scenario: A man makes obscene gestures and utters lewd comments towards a woman in public.

• Section: 79
• Offence: Uttering any word or making any gesture intended to insult the modesty of a woman.
• Punishment: Simple imprisonment for 3 years and fine.
• Cognizable or Non-cognizable: Cognizable.
• Bailable or Non-bailable: Bailable.
• By what Court triable: Any Magistrate.