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THE BHARATIYA NYAYA SANHITA, 2023 stringlengths 1 809
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ARRANGEMENT OF CLAUSES
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CHAPTER IP
RELIMINARY
CLAUSES
1. Short title, commencement and application.
2. Definitions.
3. General Explanations and expressions.
CHAPTER II
OF PUNISHMENTS
4. Punishments.
5. Commutation of sentence of death or imprisonment for life.
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.
10. Punishment of person guilty of one of several offences, the judgment stating that it
is doubtful of which.
11. Solitary confinement.12. Limit of solitary confinement.13. Enhanced punishment for certain offences after previous conviction.
CHAPTER III
G
ENERAL EXCEPTIONS
14. Act done by a person bound, or by mistake of fact believing himself bound, by law.15. Act of Judge when acting judicially.
16. Act done pursuant to the 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 of immature understanding.
22. Act of a person of mental illness.23. Act of a person incapable of judgment by reason of intoxication caused against his
will.AS INTRODUCED IN LOK SABHA
Bill No. 121 of 2023(ii)
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.
27. Act done in good faith for benefit of child or person with mental illness, by or by
consent of 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 compelled by threats.
33. Act causing slight harm.
Of the Right of Private Defence
34. Things done in private defence.35. Right of private defence of the body and of property.36. Right of private defence against the act of a person with mental illness, etc.37. Acts against which there is no right of private defence.
38. When the right of private defence of the body extends to causing death.
39. When such right extends to causing any harm other than death.40. Commencement and continuance of the right of private defence of the body.41. When the 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 the 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
O
F ABETMENT , CRIMINAL CONSPIRACY AND ATTEMPT
Of Abetment
45. Abetment of a thing.46. Abettor.47. Abetment in India of offences outside India.48. Abetment outside India for offence in India.
49. Punishment of abetment if the act abetted is committed in consequence and where
no express 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.C
LAUSES(iii)
53. Liability of abettor for an effect caused by the act abetted different from that intended
by the 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 the 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.
Of Criminal Conspiracy
61. Criminal conspiracy.
Of Attempt
62. Punishment for attempting to commit offences punishable with imprisonment for
life or other imprisonment.
CHAPTER V
O
F OFFENCES AGAINST W OMAN AND CHILDREN
Of Sexual offences
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 or by a person in
authority.
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 the victim of certain offences, etc.
Of criminal force and assault against women
73. Assault or criminal force to woman with intent to outrage her modesty.
74. Sexual harassment and punishment for sexual harassment.75. Assault or use of criminal force to woman with intent to disrobe.
76. Voyeurism.
77. Stalking.78. Word, gesture or act intended to insult the modesty of a woman.
Of offences relating to marriage
79. Dowry death.
80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.C
LAUSES(iv)
81. Marrying again during lifetime of husband or wife.
82. Marriage ceremony fraudulently gone through without lawful marriage.83. Enticing or taking away or detaining with criminal intent a married woman.84. Husband or relative of husband of a woman subjecting her to cruelty.85. Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of the causing of miscarriage, etc.
86. Causing miscarriage.87. Causing miscarriage without woman’s consent.88. Death caused by act done with intent to cause miscarriage.89. Act done with intent to prevent child being born alive or to cause it to die after birth.90. Causing death of quick unborn child by act amounting to culpable homicide.
Of offences against children
91. Exposure and abandonment of child under twelve years, by parent or person having
care of it.

—————

ARRANGEMENT OF CLAUSES

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CHAPTER IP

RELIMINARY

CLAUSES

1. Short title, commencement and application.

2. Definitions.

3. General Explanations and expressions.

CHAPTER II

OF PUNISHMENTS

4. Punishments.

5. Commutation of sentence of death or imprisonment for life.

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.

10. Punishment of person guilty of one of several offences, the judgment stating that it

is doubtful of which.

11. Solitary confinement.12. Limit of solitary confinement.13. Enhanced punishment for certain offences after previous conviction.

CHAPTER III

G

ENERAL EXCEPTIONS

14. Act done by a person bound, or by mistake of fact believing himself bound, by law.15. Act of Judge when acting judicially.

16. Act done pursuant to the 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 of immature understanding.

22. Act of a person of mental illness.23. Act of a person incapable of judgment by reason of intoxication caused against his

will.AS INTRODUCED IN LOK SABHA

Bill No. 121 of 2023(ii)

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.

27. Act done in good faith for benefit of child or person with mental illness, by or by

consent of 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 compelled by threats.

33. Act causing slight harm.

Of the Right of Private Defence

34. Things done in private defence.35. Right of private defence of the body and of property.36. Right of private defence against the act of a person with mental illness, etc.37. Acts against which there is no right of private defence.

38. When the right of private defence of the body extends to causing death.

39. When such right extends to causing any harm other than death.40. Commencement and continuance of the right of private defence of the body.41. When the 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 the 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

O

F ABETMENT , CRIMINAL CONSPIRACY AND ATTEMPT

Of Abetment

45. Abetment of a thing.46. Abettor.47. Abetment in India of offences outside India.48. Abetment outside India for offence in India.

49. Punishment of abetment if the act abetted is committed in consequence and where

no express 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.C

LAUSES(iii)

53. Liability of abettor for an effect caused by the act abetted different from that intended

by the 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 the 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.

Of Criminal Conspiracy

61. Criminal conspiracy.

Of Attempt

62. Punishment for attempting to commit offences punishable with imprisonment for

life or other imprisonment.

CHAPTER V

O

F OFFENCES AGAINST W OMAN AND CHILDREN

Of Sexual offences

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 or by a person in

authority.

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 the victim of certain offences, etc.

Of criminal force and assault against women

73. Assault or criminal force to woman with intent to outrage her modesty.

74. Sexual harassment and punishment for sexual harassment.75. Assault or use of criminal force to woman with intent to disrobe.

76. Voyeurism.

77. Stalking.78. Word, gesture or act intended to insult the modesty of a woman.

Of offences relating to marriage

79. Dowry death.

80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.C

LAUSES(iv)

81. Marrying again during lifetime of husband or wife.

82. Marriage ceremony fraudulently gone through without lawful marriage.83. Enticing or taking away or detaining with criminal intent a married woman.84. Husband or relative of husband of a woman subjecting her to cruelty.85. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Of the causing of miscarriage, etc.

86. Causing miscarriage.87. Causing miscarriage without woman’s consent.88. Death caused by act done with intent to cause miscarriage.89. Act done with intent to prevent child being born alive or to cause it to die after birth.90. Causing death of quick unborn child by act amounting to culpable homicide.

Of offences against children

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

care of it.