Bharatiya Nyaya Sanhita, 2023

An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.

Act Id	bharatiya-nyaya-sanhita-2023
Act Number	45
Enactment Date	2023-12-25
Act Year	2023
Ministry	Ministry of Home Affairs
Enforcement Date	1-7-2024

PRELIMINARY
- 1 Short title, commencement and application.
- 2 Definitions.
- 3 General explanations.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Of thef
- 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 hous-ebreaking.
- 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.
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.
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.
REPEAL AND SAVINGS
- 358 Repeal and savings.