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THE BHARATIYA NYAYA SANHITA, 2023 stringlengths 1 809
the provisions of the proposed Bill.
Clause 5 of the Bill seeks to empower the appropriate Government to commute the
sentence of death or imprisonment for life.
Clause 6 of the Bill seeks to provide fractions of terms of punishment of imprisonment
for life as equivalent to twenty years unless otherwise provided.
Clause 7 of the Bill seeks to provide for sentence which may be either wholly or partly
rigorous or simple.
Clause 8 of the Bill seeks to provide for amount of fine in default of payment of fine and
imprisonment in default of payment of fine.
Clause 9 of the Bill seeks to provide for the limit of punishment for several offences.
Clause 10 of the Bill seeks to provide for lowest punishment provided for an offence
where it is doubtful among the commission of several offences.
Clause 11 of the Bill seeks to provide the power to court for solitary confinement.
Clause 12 of the Bill seeks to provide for limit of solitary confinement in certain cases.
Clause 13 of the Bill seeks to provide for enhanced punishment for certain offences
after previous conviction.
Clause 14 of the Bill seeks to exempt a person who acts by mistake of fact and not by
mistake of law in good faith believing himself to be bound by law to do it.
Clause 15 of the Bill seeks to provide that nothing is an offence which is done by a
Judge when acting judicially in the exercise of any power which is, or which in good faith hebelieves to be, given to him by law.
Clause 16 of the Bill seeks to exempt a person from an offence when acting under a
judgment or order notwithstanding that the Court had no jurisdiction to pass such judgmentor order, provided the person doing the act in good faith believes that the Court had such
jurisdiction.
Clause 17 of the Bill seeks to provide that nothing is an offence which is done by any
person who is justified by law, or who by reason of a mistake of fact and not by reason of a
mistake of law in good faith, believes himself to be justified by law, in doing it.
Clause 18 of the Bill seeks to provide that nothing is an offence which is done by
accident or misfortune, and without any criminal intention or knowledge in the doing of a
lawful act in a lawful manner by lawful means and with proper care and caution.
104105
Clause 19 of the Bill seeks to provide that nothing is an offence merely by reason of its
being done with the knowledge that it is likely to cause harm, if it be done without anycriminal intention to cause harm, and in good faith for the purpose of preventing or avoidingother harm to person or property.
Clause 20 of the Bill seeks to provide that nothing is an offence which is done by a
child under seven years of age.
Clause 21 of the Bill seeks to provide that nothing is an offence which is done by a
child above seven years of age and under twelve, who has not attained sufficient maturity ofunderstanding to judge of the nature and consequences of his conduct on that occasion.
Clause 22 of the Bill seeks to provide that nothing is an offence which is done by a
person who, at the time of doing it, by reason of mental illness, is incapable of knowing thenature of the act, or that he is doing what is either wrong or contrary to law.
Clause 23 of the Bill seeks to provide that nothing is an offence which is done by a
person under intoxication unless that the thing which intoxicated him was administered tohim without his knowledge or against his will.
Clause 24 of the Bill seeks to provide that in cases where an act done is not an offence
unless done with a particular knowledge or intent, a person who does the act in a state ofintoxication shall be liable to be dealt with as if he had the same knowledge as he would havehad if he had not been intoxicated, unless the thing which intoxicated him was administeredto him without his knowledge or against his will.
Clause 25 of the Bill seeks to provide that nothing is an offence which is not intendent
to cause death, or grievous hurt when the harm done with consent of a person aboveeighteen years of age whether express or implied, to suffer that harm; or by reason of anyharm which it may be known by the doer to be likely to cause to any such person who hasconsented to take the risk of that harm.
Clause 26 of the Bill seeks to provide that nothing is an offence when the act not
intended to cause death done by consent in good faith and for persons' benefit.
Clause 27 of the Bill seeks to provide that nothing is an offence when an act is done
in good faith for benefit of child or person with mental illness, by or by consent of guardian.
Clause 28 of the Bill seeks to provide that the consent is not a consent as intended by
the proposed legislation when it is given under fear or misconception or by a person undertwelve years of age.
Clause 29 of the Bill seeks to provide that exceptions in sections 21, 22 and 23 do not
extend to acts which are offences independently of any harm which they may cause, or beintended to cause, or be known to be likely to cause, to the person giving the consent, or onwhose behalf the consent is given.
Clause 30 of the Bill seeks to provide that nothing is an offence when act done in
good faith for benefit of a person without consent if the circumstances are such that it isimpossible for that person to signify consent, or if that person is incapable of giving consent,and has no guardian or other person in lawful charge of him from whom it is possible toobtain consent in time for the thing to be done with benefit.
Clause 31 of the Bill seeks to provide that no communication made in good faith is an
offence by reason of any harm to the person to whom it is made, if it is made for the benefitof that person.
Clause 32 of the Bill seeks to provide that nothing is an offence done by a person
except murder, and offences against the State punishable with death, which is done by aperson who is compelled to do it by threats, which, at the time of doing it, reasonably causethe apprehension that instant death to that person will otherwise be the consequence.106
Clause 33 of the Bill seeks to provide that nothing is an offence by reason that it
causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if thatharm is so slight that no person of ordinary sense and temper would complain of such harm.
Clause 34 of the Bill seeks to provide that nothing is an offence which is done in the
exercise of the right of private defence.
Clause 35 of the Bill seeks to provide that every person has a right of private defence
of the body and of property subject to the restrictions contained in the Bill.
Clause 36 of the Bill seeks to provide that nothing is an offence, when an act is done
in exercise of right of private defence, due to want of maturity of understanding, the mentalillness or the intoxication of the person doing that act, or by reason of any misconception onthe part of that person, however, every person has the same right of private defence againstthat act which he would have if the act were that offence.
Clause 37 of the Bill seeks to provide certain acts against which the right of private
defence does not extend.
Clause 38 of the Bill seeks to provide for certain circumstances where the right of
private defence of the body extends to causing death.
Clause 39 of the Bill seeks to provides for certain circumstances when the right of
taking private defence extends to causing harm other than death.
Clause 40 of the Bill seeks to provide that the right to private defence of the body
starts as soon as reasonable apprehension of danger to the body arises and continues aslong as such apprehension continues.
Clause 41 of the Bill seeks to provides for certain circumstances when the right of
private defence of property extends to causing death.
Clause 42 of the Bill seeks to provide the circumstances when the right of private
defence of property extends to causing any harm other than death.
Clause 43 of the Bill seeks to provide that the right of private defence of property
starts as soon as reasonable apprehension of danger to the property commences andcontinues as long as such apprehension continues.
Clause 44 of the Bill seeks to provide that if in the exercise of the right of private
defence against an assault which reasonably causes the apprehension of death and thedefender is so situated that he cannot effectually exercise that right without risk of harm to aninnocent person, his right of private defence extends to the running of that risk.
Clause 45 of the Bill seeks to provide the meaning of abetment to mean that instigation
by any person to do a thing, or engages with one or more other person or persons in anyconspiracy for the doing of that thing, if an act or illegal omission takes place in pursuanceof that conspiracy, and in order to the doing of that thing, intentionally aids, by any act orillegal omission, the doing of that thing.
Clause 46 of the Bill seeks to provide that a person abets an offence, who abets either
the commission of an offence, or the commission of an act which would be an offence, ifcommitted by a person capable by law of committing an offence with the same intention orknowledge as that of the abettor.
Clause 47 of the Bill seeks to provide that a person abets an offence within the
meaning of this Sanhita who, in India, abets the commission of any act without and beyondIndia which would constitute an offence if committed in India.
Clause 48 of the Bill seeks to provide that a person abets an offence within the
meaning of this Sanhita who, without and beyond India, abets the commission of any act inIndia which would constitute an offence if committed in India.107
Clause 49 of the Bill seeks to provide for the punishment of abetment if the act abetted
is committed in consequence and where no express provision is made for its punishment.
Clause 50 of the Bill seeks to provide that punishment of abetment if person abetted
does act with different intention from that of abettor.
Clause 51 of the Bill seeks to provide that when an Act is abetted and a different act
is done, the abettor is liable for the act done, in the same manner and to the same extent as ifhe had directly abetted it, provided that the act done was a probable consequence of theabetment, and was committed under the influence of the instigation, or with the aid or inpursuance of the conspiracy which constituted the abetment.
Clause 52 of the Bill seeks to provide that if the act for which the abettor is liable under
section 51 is committed in addition to the act abetted, and constitute a distinct offence, theabettor is liable to punishment for each of the offences.
Clause 53 of the Bill seeks to provide that liability of abettor for an effect caused by
the act abetted different from that intended by the abettor.

the provisions of the proposed Bill.

Clause 5 of the Bill seeks to empower the appropriate Government to commute the

sentence of death or imprisonment for life.

Clause 6 of the Bill seeks to provide fractions of terms of punishment of imprisonment

for life as equivalent to twenty years unless otherwise provided.

Clause 7 of the Bill seeks to provide for sentence which may be either wholly or partly

rigorous or simple.

Clause 8 of the Bill seeks to provide for amount of fine in default of payment of fine and

imprisonment in default of payment of fine.

Clause 9 of the Bill seeks to provide for the limit of punishment for several offences.

Clause 10 of the Bill seeks to provide for lowest punishment provided for an offence

where it is doubtful among the commission of several offences.

Clause 11 of the Bill seeks to provide the power to court for solitary confinement.

Clause 12 of the Bill seeks to provide for limit of solitary confinement in certain cases.

Clause 13 of the Bill seeks to provide for enhanced punishment for certain offences

after previous conviction.

Clause 14 of the Bill seeks to exempt a person who acts by mistake of fact and not by

mistake of law in good faith believing himself to be bound by law to do it.

Clause 15 of the Bill seeks to provide that nothing is an offence which is done by a

Judge when acting judicially in the exercise of any power which is, or which in good faith hebelieves to be, given to him by law.

Clause 16 of the Bill seeks to exempt a person from an offence when acting under a

judgment or order notwithstanding that the Court had no jurisdiction to pass such judgmentor order, provided the person doing the act in good faith believes that the Court had such

jurisdiction.

Clause 17 of the Bill seeks to provide that nothing is an offence which is done by any

person who is justified by law, or who by reason of a mistake of fact and not by reason of a

mistake of law in good faith, believes himself to be justified by law, in doing it.

Clause 18 of the Bill seeks to provide that nothing is an offence which is done by

accident or misfortune, and without any criminal intention or knowledge in the doing of a

lawful act in a lawful manner by lawful means and with proper care and caution.

104105

Clause 19 of the Bill seeks to provide that nothing is an offence merely by reason of its

being done with the knowledge that it is likely to cause harm, if it be done without anycriminal intention to cause harm, and in good faith for the purpose of preventing or avoidingother harm to person or property.

Clause 20 of the Bill seeks to provide that nothing is an offence which is done by a

child under seven years of age.

Clause 21 of the Bill seeks to provide that nothing is an offence which is done by a

child above seven years of age and under twelve, who has not attained sufficient maturity ofunderstanding to judge of the nature and consequences of his conduct on that occasion.

Clause 22 of the Bill seeks to provide that nothing is an offence which is done by a

person who, at the time of doing it, by reason of mental illness, is incapable of knowing thenature of the act, or that he is doing what is either wrong or contrary to law.

Clause 23 of the Bill seeks to provide that nothing is an offence which is done by a

person under intoxication unless that the thing which intoxicated him was administered tohim without his knowledge or against his will.

Clause 24 of the Bill seeks to provide that in cases where an act done is not an offence

unless done with a particular knowledge or intent, a person who does the act in a state ofintoxication shall be liable to be dealt with as if he had the same knowledge as he would havehad if he had not been intoxicated, unless the thing which intoxicated him was administeredto him without his knowledge or against his will.

Clause 25 of the Bill seeks to provide that nothing is an offence which is not intendent

to cause death, or grievous hurt when the harm done with consent of a person aboveeighteen years of age whether express or implied, to suffer that harm; or by reason of anyharm which it may be known by the doer to be likely to cause to any such person who hasconsented to take the risk of that harm.

Clause 26 of the Bill seeks to provide that nothing is an offence when the act not

intended to cause death done by consent in good faith and for persons' benefit.

Clause 27 of the Bill seeks to provide that nothing is an offence when an act is done

in good faith for benefit of child or person with mental illness, by or by consent of guardian.

Clause 28 of the Bill seeks to provide that the consent is not a consent as intended by

the proposed legislation when it is given under fear or misconception or by a person undertwelve years of age.

Clause 29 of the Bill seeks to provide that exceptions in sections 21, 22 and 23 do not

extend to acts which are offences independently of any harm which they may cause, or beintended to cause, or be known to be likely to cause, to the person giving the consent, or onwhose behalf the consent is given.

Clause 30 of the Bill seeks to provide that nothing is an offence when act done in

good faith for benefit of a person without consent if the circumstances are such that it isimpossible for that person to signify consent, or if that person is incapable of giving consent,and has no guardian or other person in lawful charge of him from whom it is possible toobtain consent in time for the thing to be done with benefit.

Clause 31 of the Bill seeks to provide that no communication made in good faith is an

offence by reason of any harm to the person to whom it is made, if it is made for the benefitof that person.

Clause 32 of the Bill seeks to provide that nothing is an offence done by a person

except murder, and offences against the State punishable with death, which is done by aperson who is compelled to do it by threats, which, at the time of doing it, reasonably causethe apprehension that instant death to that person will otherwise be the consequence.106

Clause 33 of the Bill seeks to provide that nothing is an offence by reason that it

causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if thatharm is so slight that no person of ordinary sense and temper would complain of such harm.

Clause 34 of the Bill seeks to provide that nothing is an offence which is done in the

exercise of the right of private defence.

Clause 35 of the Bill seeks to provide that every person has a right of private defence

of the body and of property subject to the restrictions contained in the Bill.

Clause 36 of the Bill seeks to provide that nothing is an offence, when an act is done

in exercise of right of private defence, due to want of maturity of understanding, the mentalillness or the intoxication of the person doing that act, or by reason of any misconception onthe part of that person, however, every person has the same right of private defence againstthat act which he would have if the act were that offence.

Clause 37 of the Bill seeks to provide certain acts against which the right of private

defence does not extend.

Clause 38 of the Bill seeks to provide for certain circumstances where the right of

private defence of the body extends to causing death.

Clause 39 of the Bill seeks to provides for certain circumstances when the right of

taking private defence extends to causing harm other than death.

Clause 40 of the Bill seeks to provide that the right to private defence of the body

starts as soon as reasonable apprehension of danger to the body arises and continues aslong as such apprehension continues.

Clause 41 of the Bill seeks to provides for certain circumstances when the right of

private defence of property extends to causing death.

Clause 42 of the Bill seeks to provide the circumstances when the right of private

defence of property extends to causing any harm other than death.

Clause 43 of the Bill seeks to provide that the right of private defence of property

starts as soon as reasonable apprehension of danger to the property commences andcontinues as long as such apprehension continues.

Clause 44 of the Bill seeks to provide that if in the exercise of the right of private

defence against an assault which reasonably causes the apprehension of death and thedefender is so situated that he cannot effectually exercise that right without risk of harm to aninnocent person, his right of private defence extends to the running of that risk.

Clause 45 of the Bill seeks to provide the meaning of abetment to mean that instigation

by any person to do a thing, or engages with one or more other person or persons in anyconspiracy for the doing of that thing, if an act or illegal omission takes place in pursuanceof that conspiracy, and in order to the doing of that thing, intentionally aids, by any act orillegal omission, the doing of that thing.

Clause 46 of the Bill seeks to provide that a person abets an offence, who abets either

the commission of an offence, or the commission of an act which would be an offence, ifcommitted by a person capable by law of committing an offence with the same intention orknowledge as that of the abettor.

Clause 47 of the Bill seeks to provide that a person abets an offence within the

meaning of this Sanhita who, in India, abets the commission of any act without and beyondIndia which would constitute an offence if committed in India.

Clause 48 of the Bill seeks to provide that a person abets an offence within the

meaning of this Sanhita who, without and beyond India, abets the commission of any act inIndia which would constitute an offence if committed in India.107

Clause 49 of the Bill seeks to provide for the punishment of abetment if the act abetted

is committed in consequence and where no express provision is made for its punishment.

Clause 50 of the Bill seeks to provide that punishment of abetment if person abetted

does act with different intention from that of abettor.

Clause 51 of the Bill seeks to provide that when an Act is abetted and a different act

is done, the abettor is liable for the act done, in the same manner and to the same extent as ifhe had directly abetted it, provided that the act done was a probable consequence of theabetment, and was committed under the influence of the instigation, or with the aid or inpursuance of the conspiracy which constituted the abetment.

Clause 52 of the Bill seeks to provide that if the act for which the abettor is liable under

section 51 is committed in addition to the act abetted, and constitute a distinct offence, theabettor is liable to punishment for each of the offences.

Clause 53 of the Bill seeks to provide that liability of abettor for an effect caused by

the act abetted different from that intended by the abettor.