The Bharatiya Nyaya Sanhita, 2023
Short Intro
The Bharatiya Nyaya Sanhita, 2023 (BNS) is the criminal code of India. It replaces the Indian Penal Code, 1860, and it has been in force since 1 July 2024.
It states which conduct is an offence, and when a general exception or the right of private defence excuses or limits liability. Punishment, abetment, criminal conspiracy, and attempt apply across the code.
Later chapters group offences against women and children, the body, the State, the armed forces, elections, currency and stamps, public order, public servants, justice, health, religion, property, documents, and reputation. The last chapter is repeal and savings.
Table of Contents
| # | Section | Link |
|---|---|---|
| 1 | Section 1: Short title, commencement and application. | Open |
| 2 | Section 2: Definitions. | Open |
| 3 | Part 1 of 2 | Open |
| 4 | Part 2 of 2 | Open |
| 5 | Section 3: General explanations. | Open |
| 6 | Section 4: Punishments. | Open |
| 7 | Section 5: Commutation of sentence. | Open |
| 8 | Section 6: Fractions of terms of punishment. | Open |
| 9 | Section 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. | Open |
| 10 | Section 8: Amount of fine, liability in default of payment of fine, etc. | Open |
| 11 | Section 9: Limit of punishment of offence made up of several offences. | Open |
| 12 | Section 10: Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which. | Open |
| 13 | Section 11: Solitary confinement. | Open |
| 14 | Section 12: Limit of solitary confinement. | Open |
| 15 | Section 13: Enhanced punishment for certain offences after previous conviction. | Open |
| 16 | Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law. | Open |
| 17 | Section 15: Act of Judge when acting judicially. | Open |
| 18 | Section 16: Act done pursuant to judgment or order of Court. | Open |
| 19 | Section 17: Act done by a person justified, or by mistake of fact believing himself justified, by law. | Open |
| 20 | Section 18: Accident in doing a lawful act. | Open |
| 21 | Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm. | Open |
| 22 | Section 20: Act of a child under seven years of age. | Open |
| 23 | Section 21: Act of a child above seven and under twelve years of age of immature understanding. | Open |
| 24 | Section 22: Act of a person of unsound mind. | Open |
| 25 | Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will. | Open |
| 26 | Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated. | Open |
| 27 | Section 25: Act not intended and not known to be likely to cause death or grievous hurt, done by consent. | Open |
| 28 | Section 26: Act not intended to cause death, done by consent in good faith for person's benefit. | Open |
| 29 | Section 27: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian. | Open |
| 30 | Section 28: Consent known to be given under fear or misconception. | Open |
| 31 | Section 29: Exclusion of acts which are offences independently of harm caused. | Open |
| 32 | Section 30: Act done in good faith for benefit of a person without consent. | Open |
| 33 | Section 31: Communication made in good faith. | Open |
| 34 | Section 32: Act to which a person is compelled by threats. | Open |
| 35 | Section 33: Act causing slight harm. | Open |
| 36 | Section 34: Things done in private defence. | Open |
| 37 | Section 35: Right of private defence of body and of property. | Open |
| 38 | Section 36: Right of private defence against act of a person of unsound mind, etc. | Open |
| 39 | Section 37: Acts against which there is no right of private defence. | Open |
| 40 | Section 38: When right of private defence of body extends to causing death. | Open |
| 41 | Section 39: When such right extends to causing any harm other than death. | Open |
| 42 | Section 40: Commencement and continuance of right of private defence of body. | Open |
| 43 | Section 41: When right of private defence of property extends to causing death. | Open |
| 44 | Section 42: When such right extends to causing any harm other than death. | Open |
| 45 | Section 43: Commencement and continuance of right of private defence of property. | Open |
| 46 | Section 44: Right of private defence against deadly assault when there is risk of harm to innocent person. | Open |
| 47 | Section 45: Abetment of a thing. | Open |
| 48 | Section 46: Abettor. | Open |
| 49 | Section 47: Abetment in India of offences outside India. | Open |
| 50 | Section 48: Abetment outside India for offence in India. | Open |
Summary
The Bharatiya Nyaya Sanhita, 2023 defines offences and criminal liability for India. It replaced the Indian Penal Code, 1860, and it came into force on 1 July 2024. Twenty chapters carry the text. Early chapters state rules for the whole code, later chapters state particular offences, and the last chapter deals with repeal and savings.
Preliminary
Chapter I carries the short title, extent, and commencement, and Section 2, the definition section. Those definitions give the meaning of words the later sections use.
Punishments
Chapter II states the punishments a court may impose under this Sanhita. The offence section names which of them applies.
General exceptions
Chapter III states when an act is not an offence, or when liability is limited. It includes the right of private defence of the body and of property.
Abetment, criminal conspiracy, and attempt
Chapter IV covers liability for taking part, agreeing, or trying. The groups are abetment, criminal conspiracy, and attempt. Each group defines how far participation, agreement, or an unfinished act can go.
Offences against woman and child
Chapter V keeps offences against woman and child together: sexual offences, criminal force and assault against a woman, offences relating to marriage, causing miscarriage, and offences against a child. Each group has its own sections.
Offences affecting the human body
Chapter VI runs from offences affecting life, to hurt, to wrongful restraint and wrongful confinement, and then to criminal force and assault. Offences affecting life come first. Hurt, restraint, confinement, force, and assault follow. Conduct already placed in Chapter V stays there.
Offences against the State
Chapter VII deals with offences against the State. Public-peace offences are in Chapter XI. Start here when the section treats the conduct as directed against the State.
Armed forces
Chapter VIII deals with offences relating to the Army, Navy, and Air Force. Other conduct by or against a member of those forces is read in the chapter whose terms it meets.
Elections
Chapter IX deals with offences that interfere with an election or with a person's electoral right. A dispute about the result is a separate proceeding.
Coin, currency-notes, bank-notes, and stamps
Chapter X deals with offences relating to coin, currency-notes, bank-notes, and government stamps, including a false instrument of one of those kinds. The sections keep coin, notes, and stamps distinct.
Public tranquillity
Chapter XI deals with offences against the public tranquillity, including unlawful assembly, rioting, and other breaches of public peace in that chapter. Offences against the body are in Chapter VI, and offences against the State are in Chapter VII.
Public servants
Chapter XII deals with offences by or relating to public servants, including misuse of office. Chapter XIII deals with contempts of their lawful authority, such as disobeying a direction the section makes binding.
False evidence and public justice
Chapter XIV deals with false evidence and with conduct that obstructs a court or another lawful proceeding. A false document is also dealt with in Chapter XVIII.
Public health, safety, convenience, decency, and morals
Chapter XV deals with public health, safety, convenience, decency, and morals. It covers public nuisance and related risk to the public.
Religion
Chapter XVI deals with offences relating to religion: damage to a place of worship, disturbance of a religious assembly, and insult to the religion or the religious beliefs of a class of persons, in the words of those sections.
Offences against property
Chapter XVII divides property offences into theft, criminal misappropriation of property, criminal breach of trust, the receiving of stolen property, cheating, fraudulent deeds and dispositions of property, mischief, and criminal trespass. Each group has its own definition.
Documents and property marks
Chapter XVIII deals with documents and with property marks. Section 335 deals with making a false document. Later provisions deal with use of such a document. Property marks, including a false mark on goods, are separate from the coin and stamp offences in Chapter X.
Criminal intimidation, insult, annoyance, and defamation
Chapter XIX gathers criminal intimidation, insult, annoyance, and defamation. Section 356 states when an imputation is defamation. It closes with breach of contract to attend on and supply the wants of a helpless person, which is narrower than the general law of contract.
Repeal and savings
Chapter XX repeals the Indian Penal Code, 1860, and states which proceedings and liabilities continue.
The table of contents follows this chapter order. Where a heading has parts under it, the part pages hold the statutory text and the parent heading is only a title.