President gave assent to 3 Criminal Law amendment bills, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.
The Bhartiya Nyaya Sanhita which is going to replace Indian Penal Code has been arranged in form of chapters which and further classified into various clauses and subclauses. The List of Criminal Offences has been arranged from Most severe to least wherein Serious offences like Murder and Waging war against the nation appear in the initial clauses of the Sanhita whereas petty offenses appear later on.
The Headings of the Clauses in the Bhartiya nyaya Sanhita are as follows:
CHAPTER I
PRELIMINARY
1. Short title, commencement and application.
2. Definitions.
3. General explanations.
CHAPTER II
OF PUNISHMENTS
4. Punishments.
5. Commutation of sentence.
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, 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
GENERAL 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 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 years of age of immature understanding.
22. Act of a person of unsound mind.
23. Act of a person incapable of judgment by reason of intoxication caused against his will.
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 of unsound mind, 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 is compelled by threats.
33. Act causing slight harm.
Of right of private defence
34. Things done in private defence.
35. Right of private defence of body and of property.
36. Right of private defence against act of a person of unsound mind, etc.
37. Acts against which there is no right of private defence.
38. When right of private defence of body extends to causing death.
39. When such right extends to causing any harm other than death.
40. Commencement and continuance of right of private defence of body.
41. When 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 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
OF 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 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.
53. Liability of abettor for an effect caused by act abetted different from that intended by 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 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
OF OFFENCES AGAINST WOMAN AND CHILD
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.
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 victim of certain offences, etc.
73. Printing or publishing of any matter relating to Court proceedings without permission.
Of criminal force and assault against woman
74. Assault or use of criminal force to woman with intent to outrage her modesty.
75. Sexual harassment.
76. Assault or use of criminal force to woman with intent to disrobe.
77. Voyeurism.
78. Stalking.
79. Word, gesture or act intended to insult modesty of a woman.
Of offences relating to marriage
80. Dowry death.
81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.
82. Marrying again during lifetime of husband or wife.
83. Marriage ceremony fraudulently gone through without lawful marriage.
84. Enticing or taking away or detaining with criminal intent a married woman.
85. Husband or relative of husband of a woman subjecting her to cruelty.
86. Cruelty defined.
87. Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of causing miscarriage, etc.
88. Causing miscarriage.
89. Causing miscarriage without woman’s consent.
90. Death caused by act done with intent to cause miscarriage.
91. Act done with intent to prevent child being born alive or to cause to die after birth.
92. Causing death of quick unborn child by act amounting to culpable homicide.
Of offences against child.
93. Exposure and abandonment of child under twelve years of age, by parent or person having care of it.
94. Concealment of birth by secret disposal of dead body.
95. Hiring, employing or engaging a child to commit an offence.
96. Procuration of child.
97. Kidnapping or abducting child under ten years of age with intent to steal from its person.
98. Selling child for purposes of prostitution, etc.
99. Buying child for purposes of prostitution, etc.
CHAPTER VI
OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
100. Culpable homicide.
101. Murder.
102. Culpable homicide by causing death of person other than person whose death was intended.
103. Punishment for murder.
104. Punishment for murder by life-convict.
105. Punishment for culpable homicide not amounting to murder.
106. Causing death by negligence.
107. Abetment of suicide of child or person of unsound mind.
108. Abetment of suicide.
109. Attempt to murder.
110. Attempt to commit culpable homicide.
111. Organised crime.
112. Petty organised crime.
113. Terrorist act.
Of hurt
114. Hurt.
115. Voluntarily causing hurt.
116. Grievous hurt.
117. Voluntarily causing grievous hurt.
118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.
120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.
121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
122. Voluntarily causing hurt or grievous hurt on provocation.
123. Causing hurt by means of poison, etc., with intent to commit an offence.
124. Voluntarily causing grievous hurt by use of acid, etc.
125. Act endangering life or personal safety of others.
Of wrongful restraint and wrongful confinement
126. Wrongful restraint.
127. Wrongful confinement. Of criminal force and assault
128. Force.
129. Criminal force.
130. Assault.
131. Punishment for assault or criminal force otherwise than on grave provocation.
132. Assault or criminal force to deter public servant from discharge of his duty.
133. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
134. Assault or criminal force in attempt to commit theft of property carried by a person.
135. Assault or criminal force in attempt to wrongfully confine a person.
136. Assault or criminal force on grave provocation.
Of kidnapping, abduction, slavery and forced labour
137. Kidnapping.
138. Abduction.
139. Kidnapping or maiming a child for purposes of begging.
140. Kidnapping or abducting in order to murder or for ransom, etc.
141. Importation of girl or boy from foreign country.
142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
143. Trafficking of person.
144. Exploitation of a trafficked person.
145. Habitual dealing in slaves.
146. Unlawful compulsory labour.
CHAPTER VII
OF OFFENCES AGAINST THE STATE
147. Waging, or attempting to wage war, or abetting waging of war, against Government of India.
148. Conspiracy to commit offences punishable by section 147.
149. Collecting arms, etc., with intention of waging war against Government of India.
150. Concealing with intent to facilitate design to wage war.
151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power.
152. Act endangering sovereignty, unity and integrity of India.
153. Waging war against Government of any foreign State at peace with Government of India.
154. Committing depredation on territories of foreign State at peace with Government of India.
155. Receiving property taken by war or depredation mentioned in sections 153 and 154.
156. Public servant voluntarily allowing prisoner of State or war to escape.
157. Public servant negligently suffering such prisoner to escape.
158. Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VIII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
160. Abetment of mutiny, if mutiny is committed in consequence thereof.
161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
162. Abetment of such assault, if assault committed.
163. Abetment of desertion of soldier, sailor or airman.
164. Harbouring deserter.
165. Deserter concealed on board merchant vessel through negligence of master.
166. Abetment of act of insubordination by soldier, sailor or airman.
167. Persons subject to certain Acts.
168. Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
169. Candidate, electoral right defined.
170. Bribery.
171. Undue influence at elections.
172. Personation at elections.
173. Punishment for bribery.
174. Punishment for undue influence or personation at an election.
175. False statement in connection with an election.
176. Illegal payments in connection with an election.
177. Failure to keep election accounts.
CHAPTER X
OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND
GOVERNMENT STAMPS
178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.
179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
181. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes.
182. Making or using documents resembling currency-notes or bank-notes.
183. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
184. Using Government stamp known to have been before used.
185. Erasure of mark denoting that stamp has been used.
186. Prohibition of fictitious stamps.
187. Person employed in mint causing coin to be of different weight or composition from that fixed by law.
188. Unlawfully taking coining instrument from mint.
CHAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
189. Unlawful assembly.
190. Every member of unlawful assembly guilty of offence committed in prosecution of common object.
191. Rioting.
192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed.
193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.
194. Affray.
195. Assaulting or obstructing public servant when suppressing riot, etc.
196. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
197. Imputations, assertions prejudicial to national integration.
CHAPTER XII
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
198. Public servant disobeying law, with intent to cause injury to any person.
199. Public servant disobeying direction under law.
200. Punishment for non-treatment of victim.
201. Public servant framing an incorrect document with intent to cause injury.
202. Public servant unlawfully engaging in trade.
203. Public servant unlawfully buying or bidding for property.
204. Personating a public servant.
205. Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
206. Absconding to avoid service of summons or other proceeding.
207. Preventing service of summons or other proceeding, or preventing publication thereof.
208. Non-attendance in obedience to an order from public servant.
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.
210. Omission to produce document or electronic record to public servant by person legally bound to produce it.
211. Omission to give notice or information to public servant by person legally bound to give it.
212. Furnishing false information.
213. Refusing oath or affirmation when duly required by public servant to make it.
214. Refusing to answer public servant authorised to question.
215. Refusing to sign statement.
216. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
217. False information, with intent to cause public servant to use his lawful power to injury of another person.
218. Resistance to taking of property by lawful authority of a public servant.
219. Obstructing sale of property offered for sale by authority of public servant.
220. Illegal purchase or bid for property offered for sale by authority of public servant.
221. Obstructing public servant in discharge of public functions.
222. Omission to assist public servant when bound by law to give assistance.
223. Disobedience to order duly promulgated by public servant.
224. Threat of injury to public servant.
225. Threat of injury to induce person to refrain from applying for protection to public servant.
226. Attempt to commit suicide to compel or restrain exercise of lawful power.
CHAPTER XIV
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
227. Giving false evidence.
228. Fabricating false evidence.
229. Punishment for false evidence.
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.
231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
232. Threatening any person to give false evidence.
233. Using evidence known to be false.
234. Issuing or signing false certificate.
235. Using as true a certificate known to be false.
236. False statement made in declaration which is by law receivable as evidence.
237. Using as true such declaration knowing it to be false.
238. Causing disappearance of evidence of offence, or giving false information to screen offender.
239. Intentional omission to give information of offence by person bound to inform.
240. Giving false information respecting an offence committed.
241. Destruction of document or electronic record to prevent its production as evidence.
242. False personation for purpose of act or proceeding in suit or prosecution.
243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
245. Fraudulently suffering decree for sum not due.
246. Dishonestly making false claim in Court.
247. Fraudulently obtaining decree for sum not due.
248. False charge of offence made with intent to injure.
249. Harbouring offender.
250. Taking gift, etc., to screen an offender from punishment.
251. Offering gift or restoration of property in consideration of screening offender.
252. Taking gift to help to recover stolen property, etc.
253. Harbouring offender who has escaped from custody or whose apprehension has been ordered.
254. Penalty for harbouring robbers or dacoits.
255. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
256. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
258. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
259. Intentional omission to apprehend on part of public servant bound to apprehend.
260. Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
261. Escape from confinement or custody negligently suffered by public servant.
262. Resistance or obstruction by a person to his lawful apprehension.
263. Resistance or obstruction to lawful apprehension of another person.
264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
266. Violation of condition of remission of punishment.
267. Intentional insult or interruption to public servant sitting in judicial proceeding.
268. Personation of assessor.
269. Failure by person released on bail bond or bond to appear in Court.
CHAPTER XV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
270. Public nuisance.
271. Negligent act likely to spread infection of disease dangerous to life.
272. Malignant act likely to spread infection of disease dangerous to life.
273. Disobedience to quarantine rule.
274. Adulteration of food or drink intended for sale.
275. Sale of noxious food or drink.
276. Adulteration of drugs.
277. Sale of adulterated drugs.
278. Sale of drug as a different drug or preparation.
279. Fouling water of public spring or reservoir.
280. Making atmosphere noxious to health.
281. Rash driving or riding on a public way.
282. Rash navigation of vessel.
283. Exhibition of false light, mark or buoy.
284. Conveying person by water for hire in unsafe or overloaded vessel.
285. Danger or obstruction in public way or line of navigation.
286. Negligent conduct with respect to poisonous substance.
287. Negligent conduct with respect to fire or combustible matter.
288. Negligent conduct with respect to explosive substance.
289. Negligent conduct with respect to machinery.
290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
291. Negligent conduct with respect to animal.
292. Punishment for public nuisance in cases not otherwise provided for.
293. Continuance of nuisance after injunction to discontinue.
294. Sale, etc., of obscene books, etc.
295. Sale, etc., of obscene objects to child.
296. Obscene acts and songs.
297. Keeping lottery office.
CHAPTER XVI
OF OFFENCES RELATING TO RELIGION
298. Injuring or defiling place of worship with intent to insult religion of any class.
299. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
300. Disturbing religious assembly.
301. Trespassing on burial places, etc.
302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of theft
303. Theft.
304. Snatching.
305. Theft in a dwelling house, or means of transportation or place of worship, etc.
306. Theft by clerk or servant of property in possession of master.
307. Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
Of extortion
308. Extortion.
Of robbery and dacoity
309. Robbery.
310. Dacoity.
311. Robbery, or dacoity, with attempt to cause death or grievous hurt.
312. Attempt to commit robbery or dacoity when armed with deadly weapon.
313. Punishment for belonging to gang of robbers, etc.
Of criminal misappropriation of property
314. Dishonest misappropriation of property.
315. Dishonest misappropriation of property possessed by deceased person at the time of his death.
Of criminal breach of trust
316. Criminal breach of trust.
Of receiving stolen property
317. Stolen property.
Of cheating
318. Cheating.
319. Cheating by personation.
Of fraudulent deeds and dispositions of property
320. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
321. Dishonestly or fraudulently preventing debt being available for creditors.
322. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
323. Dishonest or fraudulent removal or concealment of property.
Of mischief
324. Mischief.
325. Mischief by killing or maiming animal.
326. Mischief by injury, inundation, fire or explosive substance, etc.
327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
328. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
Of criminal trespass
329. Criminal trespass and house-trespass.
330. House-trespass and house-breaking.
331. Punishment for house-trespass or house-breaking.
332. House-trespass in order to commit offence.
333. House-trespass after preparation for hurt, assault or wrongful restraint.
334. Dishonestly breaking open receptacle containing property.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
335. Making a false document.
336. Forgery.
337. Forgery of record of Court or of public register, etc.
338. Forgery of valuable security, will, etc.
339. Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.
340. Forged document or electronic record and using it as genuine.
341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
342. Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.
343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
344. Falsification of accounts.
Of property marks
345. Property mark.
346. Tampering with property mark with intent to cause injury.
347. Counterfeiting a property mark.
348. Making or possession of any instrument for counterfeiting a property mark.
349. Selling goods marked with a counterfeit property mark.
350. Making a false mark upon any receptacle containing goods.
CHAPTER XIX
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
351. Criminal intimidation.
352. Intentional insult with intent to provoke breach of peace.
353. Statements conducing to public mischief.
354. Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.
355. Misconduct in public by a drunken person.
Of defamation
356. Defamation.
Of breach of contract to attend on and supply wants of helpless person
357. Breach of contract to attend on and supply wants of helpless person.
CHAPTER XX
REPEAL AND SAVINGS
358. Repeal and savings
These are the following provisions in the Bharatiya nyaya sanhita
CHAPTER I: PRELIMINARY
Clause 1. Short title, commencement and application.
(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita.(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.
(5) The provisions of this Sanhita apply also to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting
a computer resource located in India.
Explanation.—In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India, he can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
Clause 2. Definitions
In this Sanhita unless the context otherwise requires,––
(1) “act” as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be proctised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;
(4) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges, which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;
(5) “death” means the death of a human being unless the contrary appears from the context;
(6) “dishonestly” means doing of an act with the intention of causing wrongful gain to one person or wrongful loss to another person;
(7) “document” means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A Map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written
over the signature.
(8) “fraudulently”.—A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
(9) “gender”.—the pronoun “he” and its derivatives are used of any person, whether male, female or transgender.
Explanation.– “transgender” shall have the meaning assigned to it in clause(k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(10) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;
(11) “Government” means the Central Government or a State Government;
(12) “harbour”.—except as otherwise provided in this Sanhita, includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension;
(13) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property;
(14) “illegal”- “legally bound to do”. —The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit;
(15) “Judge” means a person who is officially designated as a Judge and includes a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
llustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(16) “Life” means the life of a human being, unless the contrary appears from the context;
(17) “local law” means a law applicable only to a particular part of India;
(18) “man” means male human being of any age;
(19) “mental illness” shall have the meaning assigned to it in clause (a) of section 2 of the Mental Healthcare Act, 2017;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
(22) “number”. —Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b) the word “offence” means an act made punishable by this Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113, 114, 117, sub-sections (7) and (8) of section 125, 217, 224, 225, 234, 242, 244, 245, 253, 254, 255, 256, 257, sub-sections (6) and (7) of section 306 and clause
(b) of section 324, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and
(b) in sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
(25) “omission” means sigle ommission as well as a series of omissions;
(26) “person” includes any company or association or body of persons, whether incorporated or not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions, namely: —
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(c) every officer including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h) every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenueprocess, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897, a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013.
Explanation.—
(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant;
(c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of election to which is by, or under any law for the time being
in force.
Illustration.
A Municipal Commissioner is a public servant;
(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise;
(30) “special law” means a law applicable to a particular subject;
(31) “valuable security” means a document which is, or purports to be, a document where by any legal right is created, extended, transferred, restricted, extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration.
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”;
(32) “vessel” means anything made for the conveyance by water of human beings or of property;
(33) “voluntarily”A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration.
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;
(34) “will” means any testamentary document;
(35) “woman” means a female human being of any age;
(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;
(38) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property; and
(39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 and the Bhartiya Nagarik Suraksha Sanhita, 2023 and shall have the meanings respectively assigned to them in that Act Sanhita.
Clause 3:General Explanations and expressions.
(1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration.
Illustrations.
(a) The sections, in this Sanhita which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section.
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustration.
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
(8) When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations.
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,
but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Illustration.
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
Chapter 3: Of Punishments
Clause 4.
The punishments to which offenders are liable under the provisions of this Sanhita
are—
(a) Death;
(b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s natural life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community Service.
Clause 5.Commutation of sentence of death or imprisonment for life.
In every case in which sentence of,––
(a) death has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Sanhita;
(b) imprisonment for life has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
Explanation.––For the purposes of this section expression“ appropriate Government” means,––
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.
Clause 6:Fractions of terms of punishment.
In calculating fractions of terms of punishment, imprisonment for life shall be reckoned
as equivalent to imprisonment for twenty years unless otherwise provided.
Clause 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
Clause 8: Amount of fine, liability in default of payment of fine, etc.
(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
(2) In every case of an offence––
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
(3)The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
(4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.
(5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed for any term not exceeding,—
(a) two months when the amount of the fine shall not exceed five thousand rupees; and
(b) four months when the amount of the fine shall not exceed ten thousand rupees, and for any term not exceeding one year in any other case.
(6) (a)The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration.
A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in
default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied
before the expiration of one month of the imprisonment, A will be discharged as soon as the
first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the
expiration of the first month, or at any later time while A continues in imprisonment, A will be
immediately discharged. If five hundred rupees of the fine be paid or levied before the
expiration of two months of the imprisonment. A will be discharged as soon as the two
months are completed. If five hundred rupees be paid or levied at the time of the expiration of
those two months, or at any later time while A continues in imprisonment, A will be immediately
discharged.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within
six years after the passing of the sentence, and if, under the sentence, the offender be liable
to imprisonment for a longer period than six years, then at any time previous to the expiration
of that period; and the death of the offender does not discharge from the liability any
property which would, after his death, be legally liable for his debts.