S.1BNSI — Preliminary
The BNS is the new criminal law of India that replaced the Indian Penal Code, 1860. It came into force on 1 July 2024. It applies across all of India. The name "Bharatiya Nyaya Sanhita" translates to "Indian Justice Code."
S.2BNSI — Preliminary
Section 2 provides definitions for key terms used throughout the BNS. Important definitions include: "child" (below 18 years), "counterfeit", "document", "fraudulently", "dishonestly", "Government", "injury", "judge", "money", "public servant", "reason to believe", "valuable security", and "woman". …
S.4BNSIII — Punishments
BNS Section 4 lists the six types of punishments. The most significant NEW addition compared to IPC is "Community Service" as a punishment. Community service can be awarded instead of imprisonment for minor offences. The BNS has expanded community service provisions significantly as an alternative t…
S.147BNSVI — Offences Against the State
Waging war against India is the most serious offence in the BNS, punishable by death or life imprisonment. This provision is equivalent to the old IPC Section 121. Examples include armed rebellion against the Indian state, joining terrorist organisations at war with India, or assisting foreign power…
S.152BNSVI — Offences Against the State
Section 152 is the replacement for the controversial sedition law (IPC Section 124A). Unlike sedition which was about "disaffection towards the government", Section 152 specifically targets acts that endanger India's sovereignty, unity, or integrity — including incitement to secession, armed rebelli…
S.100BNSXVI — Offences Affecting the Human Body
Murder is the most serious offence against a person. Under BNS, culpable homicide becomes murder when: (1) there is intention to cause death, (2) intention to cause injury likely to cause death, (3) intention to cause injury sufficient to cause death in the ordinary course of nature, or (4) knowledg…
S.101BNSXVI — Offences Affecting the Human Body
Section 101 prescribes punishment for murder — death or imprisonment for life, plus fine. A NEW and significant provision in BNS (vs IPC): if a group of 5 or more persons commits murder based on grounds like race, caste, religion, sex, or language, each member of the group can be punished with death…
S.103BNSXVI — Offences Affecting the Human Body
Culpable homicide not amounting to murder (CHNAM) is a lesser offence where death is caused but does not meet the full definition of murder. Punishment: up to 10 years or life imprisonment + fine. This covers cases where death results from an act done with knowledge that it is likely to cause death,…
S.109BNSXVI — Offences Affecting the Human Body
Hurt is the basic offence of causing bodily pain, disease, or infirmity. It is a cognizable offence. Simple hurt is punishable with imprisonment up to 1 year or fine up to ₹10,000 or both. Grievous hurt (Section 114) involves specific serious injuries like emasculation, permanent damage to eyes, ear…
S.115BNSXVI — Offences Affecting the Human Body
Section 115 makes voluntarily causing non-grievous hurt punishable. Simple hurt: 1 year + ₹10,000 fine. If hurt is caused to: a public servant, during communal disturbance, or using a dangerous weapon, the punishment increases to 3-7 years. This provision addresses everyday assault cases.
S.63BNSXVI — Offences Affecting the Human Body
Section 63 defines rape comprehensively. A man commits rape by: (1) Penetration without consent, (2) Penetration with consent obtained by force, fraud, impersonation, intoxication, or by misrepresenting himself as the victim's husband, (3) Any penetrative sexual act with a woman below 18 years (even…
S.64BNSXVI — Offences Affecting the Human Body
Punishment for rape: minimum 10 years, maximum life imprisonment + fine. Enhanced punishment (minimum 20 years to life): if victim is below 16 years, or offender is police/public servant/armed forces member, or if committed during communal riots. Death penalty: for rape of girl below 12 years (Secti…
S.70BNSXVI — Offences Affecting the Human Body
Gang rape: minimum 20 years imprisonment (real life imprisonment — for the remainder of the person's natural life), plus fine payable to the victim for rehabilitation. All participants are equally guilty regardless of individual role. If victim dies or is left in persistent vegetative state: death p…
S.303BNSXVII — Offences Against Property
Theft involves: (1) Dishonest intention, (2) Moveable property, (3) Taken from someone's possession, (4) Without consent. Key points: immovable property cannot be "stolen" (criminal trespass applies instead). An attached/rooted object (like a tree) can be stolen if first separated from the land. Ele…
S.309BNSXVII — Offences Against Property
Robbery = Theft + Force/Threat. When theft is accompanied by violence or threat of immediate harm to the victim, it becomes robbery. Punishment: up to 10 years + fine. Armed robbery or robbery in darkness (day/night): up to 14 years + fine. Robbery on a highway: minimum 7 years.
S.316BNSXVII — Offences Against Property
Criminal breach of trust (CBT) occurs when a person entrusted with property dishonestly misappropriates or converts it for their own use. CBT requires: (1) Entrustment of property, (2) Dishonest misappropriation, (3) Violation of trust/legal direction. Common examples: company directors misusing com…
S.318BNSXVII — Offences Against Property
Cheating involves: (1) Deception, (2) Inducing delivery of property or causing harm, (3) Damage to the deceived person. Key elements: there must be a fraudulent intention at the time of the act; subsequent failure to pay is not always cheating. Common scenarios: false representation to obtain loans,…
S.351BNSXIX — Criminal Intimidation, Insult and Annoyance
Criminal intimidation means threatening someone with injury (physical, reputational, or to property) to cause alarm or force them to do/not do something. This includes threats by phone, message, email, or in person. Punishment: up to 2 years + fine. Threatening with death or grievous hurt: up to 7 y…
S.353BNSXIX — Criminal Intimidation, Insult and Annoyance
Section 353 covers false statements, rumours, and fake news that cause public mischief. This includes spreading misinformation that endangers national security, incites people against public officials, creates panic, or undermines India's credit. Often used in cases of WhatsApp fake news, social med…
S.356BNSXIX — Criminal Intimidation, Insult and Annoyance
Defamation under BNS Section 356 is criminal defamation (civil defamation is under tort law). It requires: (1) Making or publishing a statement, (2) About an identified person, (3) With intent to harm reputation, (4) Which actually harms reputation. Truth is a complete defence if publication is for …
S.111BNSXVI — Offences Affecting the Human Body
Section 111 is a NEW provision in BNS (no IPC equivalent). It defines "organised crime" as continuing unlawful activity by an organised crime syndicate — kidnapping, extortion, land grabbing, contract killing, economic offences, cyber crimes, trafficking, etc. This provision was modelled on MCOCA (M…
S.113BNSXVI — Offences Affecting the Human Body
Section 113 is another NEW provision — it defines terrorism in the general criminal law for the first time (previously only in UAPA). A terrorist act means any act that threatens India's unity, security, economic security, or strikes terror in people. BNS defines "terrorist" to include those who act…
S.1BNSSI — Preliminary
The BNSS is the new law that replaced the Code of Criminal Procedure (CrPC) 1973. It came into force on 1 July 2024. It applies to the whole of India except Jammu & Kashmir (which has its own separate criminal procedure law).
S.2BNSSI — Preliminary
Section 2 defines all key terms used throughout the BNSS. Important definitions: (i) Cognizable offence — police can arrest without warrant (e.g., murder, robbery). (ii) Non-cognizable offence — police cannot arrest without warrant (e.g., cheating, defamation). (iii) Bailable offence — bail is a rig…
S.35BNSSV — Arrest of Persons
A police officer can arrest a person without a warrant only in cognizable cases (e.g., murder, rape, robbery). The grounds are: (a) involvement in a cognizable offence; (b) possession of housebreaking tools without excuse; (c) person proclaimed as offender; (d) possession of stolen goods; (e) obstru…
S.36BNSSV — Arrest of Persons
Arrest is made by physically touching the person. If the person submits voluntarily (says "I surrender"), no touching is needed. For women: (i) her oral submission to arrest is presumed; the officer should not touch her unless necessary; (ii) a woman cannot be arrested after sunset and before sunris…
S.37BNSSV — Arrest of Persons
A simple but important protection: the police cannot use more force or restraint than what is strictly needed to prevent the arrested person from escaping. Handcuffing unnecessarily, excessive physical force, or cruel treatment violates this provision.
S.38BNSSV — Arrest of Persons
After arrest, the police officer may search the arrested person and seize any articles found (except clothing). A receipt must be given for all seized items. When a woman is searched, it must be done by another woman with regard to decency.
S.39BNSSV — Arrest of Persons
If an arrested person escapes or is rescued while in lawful custody, the officer (or person) from whom they escaped can chase and re-arrest them anywhere in India — without needing a fresh warrant or order.
S.40BNSSV — Arrest of Persons
Every arrested person has the right to meet a lawyer of their choice during interrogation. However, the lawyer does not have to be present throughout the entire interrogation — the right is to meet, not to have the advocate present at all times. This is a strengthened right compared to CrPC and is a…