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Legal Library
THE BHARATIYA NYAYA SANHITA, 2023
All Acts
THE BHARATIYA NYAYA SANHITA, 2023
ACT NO. 45 OF 2023 · Enacted [25th December, 2023.]
PRELIMINARY
Section 1.
Short title, commencement and application
Section 2.
Definitions
Section 3.
General explanations
OF PUNISHMENTS
Section 4.
Punishments
Section 5.
Commutation of sentence
Section 6.
Fractions of terms of punishment
Section 7.
Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
Section 8.
Amount of fine, liability in default of payment of fine, etc
Section 9.
Limit of punishment of offence made up of several offences
Section 10.
Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which
Section 11.
Solitary confinement
Section 12.
Limit of solitary confinement
Section 13.
Enhanced punishment for certain offences after previous conviction
GENERAL EXCEPTIONS
Section 14.
Act done by a person bound, or by mistake of fact believing himself bound, by law
Section 15.
Act of Judge when acting judicially
Section 16.
Act done pursuant to judgment or order of Court
Section 17.
Act done by a person justified, or by mistake of fact believing himself justified, by law
Section 18.
Accident in doing a lawful act
Section 19.
Act likely to cause harm, but done without criminal intent, and to prevent other harm
Section 20.
Act of a child under seven years of age
Section 21.
Act of a child above seven and under twelve years of age of immature understanding
Section 22.
Act of a person of unsound mind
Section 23.
Act of a person incapable of judgment by reason of intoxication caused against his will
Section 24.
Offence requiring a particular intent or knowledge committed by one who is intoxicated
Section 25.
Act not intended and not known to be likely to cause death or grievous hurt, done by consent
Section 26.
Act not intended to cause death, done by consent in good faith for person’s benefit
Section 27.
Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
Section 28.
Consent known to be given under fear or misconception
Section 29.
Exclusion of acts which are offences independently of harm caused
Section 30.
Act done in good faith for benefit of a person without consent
Section 31.
Communication made in good faith
Section 32.
Act to which a person is compelled by threats
Section 33.
Act causing slight harm
Section 34.
Things done in private defence
Section 35.
Right of private defence of body and of property
Section 36.
Right of private defence against act of a person of unsound mind, etc
Section 37.
Acts against which there is no right of private defence
Section 38.
When right of private defence of body extends to causing death
Section 39.
When such right extends to causing any harm other than death
Section 40.
Commencement and continuance of right of private defence of body
Section 41.
When right of private defence of property extends to causing death
Section 42.
When such right extends to causing any harm other than death
Section 43.
Commencement and continuance of right of private defence of property
Section 44.
Right of private defence against deadly assault when there is risk of harm to innocent person
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Section 45.
Abetment of a thing
Section 46.
Abettor
Section 47.
Abetment in India of offences outside India
Section 48.
Abetment outside India for offence in India
Section 49.
Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
Section 50.
Punishment of abetment if person abetted does act with different intention from that of abettor
Section 51.
Liability of abettor when one act abetted and different act done
Section 52.
Abettor when liable to cumulative punishment for act abetted and for act done
Section 53.
Liability of abettor for an effect caused by act abetted different from that intended by abettor
Section 54.
Abettor present when offence is committed
Section 55.
Abetment of offence punishable with death or imprisonment for life
Section 56.
Abetment of offence punishable with imprisonment
Section 57.
Abetting commission of offence by public or by more than ten persons
Section 58.
Concealing design to commit offence punishable with death or imprisonment for life
Section 59.
Public servant concealing design to commit offence which it is his duty to prevent
Section 60.
Concealing design to commit offence punishable with imprisonment
Section 61.
Criminal conspiracy
Section 62.
Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
OF OFFENCES AGAINST WOMAN AND CHILD
Section 63.
Rape
Section 64.
Punishment for rape
Section 65.
Punishment for rape in certain cases
Section 66.
Punishment for causing death or resulting in persistent vegetative state of victim
Section 67.
Sexual intercourse by husband upon his wife during separation
Section 68.
Sexual intercourse by a person in authority
Section 69.
Sexual intercourse by employing deceitful means, etc
Section 70.
Gang rape
Section 71.
Punishment for repeat offenders
Section 72.
Disclosure of identity of victim of certain offences, etc
Section 73.
Printing or publishing any matter relating to Court proceedings without permission
Section 74.
Assault or use of criminal force to woman with intent to outrage her modesty
Section 75.
Sexual harassment
Section 76.
Assault or use of criminal force to woman with intent to disrobe
Section 77.
Voyeurism
Section 78.
Stalking
Section 79.
Word, gesture or act intended to insult modesty of a woman
Section 80.
Dowry death
Section 81.
Cohabitation caused by man deceitfully inducing belief of lawful marriage
Section 82.
Marrying again during lifetime of husband or wife
Section 83.
Marriage ceremony fraudulently gone through without lawful marriage
Section 84.
Enticing or taking away or detaining with criminal intent a married woman
Section 85.
Husband or relative of husband of a woman subjecting her to cruelty
Section 86.
Cruelty defined
Section 87.
Kidnapping, abducting or inducing woman to compel her marriage, etc
Section 88.
Causing miscarriage
Section 89.
Causing miscarriage without woman’s consent
Section 90.
Death caused by act done with intent to cause miscarriage
Section 91.
Act done with intent to prevent child being born alive or to cause to die after birth
Section 92.
Causing death of quick unborn child by act amounting to culpable homicide
Section 93.
Exposure and abandonment of child under twelve years of age, by parent or person having care of it
Section 94.
Concealment of birth by secret disposal of dead body
Section 95.
Hiring, employing or engaging a child to commit an offence
Section 96.
Procuration of child
Section 97.
Kidnapping or abducting child under ten years of age with intent to steal from its person
Section 98.
Selling child for purposes of prostitution, etc
Section 99.
Buying child for purposes of prostitution, etc
OF OFFENCES AFFECTING THE HUMAN BODY
Section 100.
Culpable homicide
Section 101.
Murder
Section 102.
Culpable homicide by causing death of person other than person whose death was intended
Section 103.
Punishment for murder
Section 104.
Punishment for murder by life-convict
Section 105.
Punishment for culpable homicide not amounting to murder
Section 106.
Causing death by negligence
Section 107.
Abetment of suicide of child or person of unsound mind
Section 108.
Abetment of suicide
Section 109.
Attempt to murder
Section 110.
Attempt to commit culpable homicide
Section 111.
Organised crime
Section 112.
Petty organised crime
Section 113.
Terrorist act
Section 114.
Hurt
Section 115.
Voluntarily causing hurt
Section 116.
Grievous hurt
Section 117.
Voluntarily causing grievous hurt
Section 118.
Voluntarily causing hurt or grievous hurt by dangerous weapons or means
Section 119.
Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
Section 120.
Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
Section 121.
Voluntarily causing hurt or grievous hurt to deter public servant from his duty
Section 122.
Voluntarily causing hurt or grievous hurt on provocation
Section 123.
Causing hurt by means of poison, etc., with intent to commit an offence
Section 124.
Voluntarily causing grievous hurt by use of acid, etc
Section 125.
Act endangering life or personal safety of others
Section 126.
Wrongful restraint
Section 127.
Wrongful confinement
Section 128.
Force
Section 129.
Criminal force
Section 130.
Assault
Section 131.
Punishment for assault or criminal force otherwise than on grave provocation
Section 132.
Assault or criminal force to deter public servant from discharge of his duty
Section 133.
Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
Section 134.
Assault or criminal force in attempt to commit theft of property carried by a person
Section 135.
Assault or criminal force in attempt to wrongfully confine a person
Section 136.
Assault or criminal force on grave provocation
Section 137.
Kidnapping
Section 138.
Abduction
Section 139.
Kidnapping or maiming a child for purposes of begging
Section 140.
Kidnapping or abducting in order to murder or for ransom, etc
Section 141.
Importation of girl or boy from foreign country
Section 142.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person
Section 143.
Trafficking of person
Section 144.
Exploitation of a trafficked person
Section 145.
Habitual dealing in slaves
Section 146.
Unlawful compulsory labour
OF OFFENCES AGAINST THE STATE
Section 147.
Waging, or attempting to wage war, or abetting waging of war, against Government of India
Section 148.
Conspiracy to commit offences punishable by section 147
Section 149.
Collecting arms, etc., with intention of waging war against Government of India
Section 150.
Concealing with intent to facilitate design to wage war
Section 151.
Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power
Section 152.
Act endangering sovereignty, unity and integrity of India
Section 153.
Waging war against Government of any foreign State at peace with Government of India
Section 154.
Committing depredation on territories of foreign State at peace with Government of India
Section 155.
Receiving property taken by war or depredation mentioned in sections 153 and 154
Section 156.
Public servant voluntarily allowing prisoner of State or war to escape
Section 157.
Public servant negligently suffering such prisoner to escape
Section 158.
Aiding escape of, rescuing or harbouring such prisoner
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Section 159.
Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
Section 160.
Abetment of mutiny, if mutiny is committed in consequence thereof
Section 161.
Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
Section 162.
Abetment of such assault, if assault committed
Section 163.
Abetment of desertion of soldier, sailor or airman
Section 164.
Harbouring deserter
Section 165.
Deserter concealed on board merchant vessel through negligence of master
Section 166.
Abetment of act of insubordination by soldier, sailor or airman
Section 167.
Persons subject to certain Acts
Section 168.
Wearing garb or carrying token used by soldier, sailor or airman
OF OFFENCES RELATING TO ELECTIONS
Section 169.
Candidate, electoral right defined
Section 170.
Bribery
Section 171.
Undue influence at elections
Section 172.
Personation at elections
Section 173.
Punishment for bribery
Section 174.
Punishment for undue influence or personation at an election
Section 175.
False statement in connection with an election
Section 176.
Illegal payments in connection with an election
Section 177.
Failure to keep election accounts
OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
Section 178.
Counterfeiting coin, Government stamps, currency-notes or bank-notes
Section 179.
Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank- notes
Section 180.
Possession of forged or counterfeit coin, Government stamp, currency-notes or bank- notes
Section 181.
Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
Section 182.
Making or using documents resembling currency-notes or bank-notes
Section 183.
Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government
Section 184.
Using Government stamp known to have been before used
Section 185.
Erasure of mark denoting that stamp has been used
Section 186.
Prohibition of fictitious stamps
Section 187.
Person employed in mint causing coin to be of different weight or composition from that fixed by law
Section 188.
Unlawfully taking coining instrument from mint
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Section 189.
Unlawful assembly
Section 190.
Every member of unlawful assembly guilty of offence committed in prosecution of common object
Section 191.
Rioting
Section 192.
Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
Section 193.
Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
Section 194.
Affray
Section 195.
Assaulting or obstructing public servant when suppressing riot, etc
Section 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
Section 197.
Imputations, assertions prejudicial to national integration
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Section 198.
Public servant disobeying law, with intent to cause injury to any person
Section 199.
Public servant disobeying direction under law
Section 200.
Punishment for non-treatment of victim
Section 201.
Public servant framing an incorrect document with intent to cause injury
Section 202.
Public servant unlawfully engaging in trade
Section 203.
Public servant unlawfully buying or bidding for property
Section 204.
Personating a public servant
Section 205.
Wearing garb or carrying token used by public servant with fraudulent intent
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Section 206.
Absconding to avoid service of summons or other proceeding
Section 207.
Preventing service of summons or other proceeding, or preventing publication thereof
Section 208.
Non-attendance in obedience to an order from public servant
Section 209.
Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
Section 210.
Omission to produce document or electronic record to public servant by person legally bound to produce it
Section 211.
Omission to give notice or information to public servant by person legally bound to give it
Section 212.
Furnishing false information
Section 213.
Refusing oath or affirmation when duly required by public servant to make it
Section 214.
Refusing to answer public servant authorised to question
Section 215.
Refusing to sign statement
Section 216.
False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
Section 217.
False information, with intent to cause public servant to use his lawful power to injury of another person
Section 218.
Resistance to taking of property by lawful authority of a public servant
Section 219.
Obstructing sale of property offered for sale by authority of public servant
Section 220.
Illegal purchase or bid for property offered for sale by authority of public servant
Section 221.
Obstructing public servant in discharge of public functions
Section 222.
Omission to assist public servant when bound by law to give assistance
Section 223.
Disobedience to order duly promulgated by public servant
Section 224.
Threat of injury to public servant
Section 225.
Threat of injury to induce person to refrain from applying for protection to public servant
Section 226.
Attempt to commit suicide to compel or restrain exercise of lawful power
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Section 227.
Giving false evidence
Section 228.
Fabricating false evidence
Section 229.
Punishment for false evidence
Section 230.
Giving or fabricating false evidence with intent to procure conviction of capital offence
Section 231.
Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Section 232.
Threatening any person to give false evidence
Section 233.
Using evidence known to be false
Section 234.
Issuing or signing false certificate
Section 235.
Using as true a certificate known to be false
Section 236.
False statement made in declaration which is by law receivable as evidence
Section 237.
Using as true such declaration knowing it to be false
Section 238.
Causing disappearance of evidence of offence, or giving false information to screen offender
Section 239.
Intentional omission to give information of offence by person bound to inform
Section 240.
Giving false information respecting an offence committed
Section 241.
Destruction of document or electronic record to prevent its production as evidence
Section 242.
False personation for purpose of act or proceeding in suit or prosecution
Section 243.
Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
Section 244.
Fraudulent claim to property to prevent its seizure as forfeited or in execution
Section 245.
Fraudulently suffering decree for sum not due
Section 246.
Dishonestly making false claim in Court
Section 247.
Fraudulently obtaining decree for sum not due
Section 248.
False charge of offence made with intent to injure
Section 249.
Harbouring offender
Section 250.
Taking gift, etc., to screen an offender from punishment
Section 251.
Offering gift or restoration of property in consideration of screening offender
Section 252.
Taking gift to help to recover stolen property, etc
Section 253.
Harbouring offender who has escaped from custody or whose apprehension has been ordered
Section 254.
Penalty for harbouring robbers or dacoits
Section 256.
Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
Section 257.
Public servant in judicial proceeding corruptly making report, etc., contrary to law
Section 258.
Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
Section 259.
Intentional omission to apprehend on part of public servant bound to apprehend
Section 260.
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
Section 261.
Escape from confinement or custody negligently suffered by public servant
Section 262.
Resistance or obstruction by a person to his lawful apprehension
Section 263.
Resistance or obstruction to lawful apprehension of another person
Section 264.
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
Section 265.
Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
Section 266.
Violation of condition of remission of punishment
Section 267.
Intentional insult or interruption to public servant sitting in judicial proceeding
Section 268.
Personation of assessor
Section 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
Section 270.
Public nuisance
Section 271.
Negligent act likely to spread infection of disease dangerous to life
Section 272.
Malignant act likely to spread infection of disease dangerous to life
Section 273.
Disobedience to quarantine rule
Section 274.
Adulteration of food or drink intended for sale
Section 275.
Sale of noxious food or drink
Section 276.
Adulteration of drugs
Section 277.
Sale of adulterated drugs
Section 278.
Sale of drug as a different drug or preparation
Section 279.
Fouling water of public spring or reservoir
Section 280.
Making atmosphere noxious to health
Section 281.
Rash driving or riding on a public way
Section 282.
Rash navigation of vessel
Section 283.
Exhibition of false light, mark or buoy
Section 284.
Conveying person by water for hire in unsafe or overloaded vessel
Section 285.
Danger or obstruction in public way or line of navigation
Section 286.
Negligent conduct with respect to poisonous substance
Section 287.
Negligent conduct with respect to fire or combustible matter
Section 288.
Negligent conduct with respect to explosive substance
Section 289.
Negligent conduct with respect to machinery
Section 290.
Negligent conduct with respect to pulling down, repairing or constructing buildings, etc
Section 291.
Negligent conduct with respect to animal
Section 292.
Punishment for public nuisance in cases not otherwise provided for
Section 293.
Continuance of nuisance after injunction to discontinue
Section 294.
Sale, etc., of obscene books, etc
Section 295.
Sale, etc., of obscene objects to child
Section 296.
Obscene acts and songs
Section 297.
Keeping lottery office
OF OFFENCES RELATING TO RELIGION
Section 298.
Injuring or defiling place of worship with intent to insult religion of any class
Section 299.
Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
Section 300.
Disturbing religious assembly
Section 301.
Trespassing on burial places, etc
Section 302.
Uttering words, etc., with deliberate intent to wound religious feelings of any person
OF OFFENCES AGAINST PROPERTY
Section 303.
Theft
Section 304.
Snatching
Section 305.
Theft in a dwelling house, or means of transportation or place of worship, etc
Section 306.
Theft by clerk or servant of property in possession of master
Section 307.
Theft after preparation made for causing death, hurt or restraint in order to committing of theft
Section 308.
Extortion
Section 309.
Robbery
Section 310.
Dacoity
Section 311.
Robbery, or dacoity, with attempt to cause death or grievous hurt
Section 312.
Attempt to commit robbery or dacoity when armed with deadly weapon
Section 313.
Punishment for belonging to gang of robbers, etc
Section 314.
Dishonest misappropriation of property
Section 315.
Dishonest misappropriation of property possessed by deceased person at the time of his death
Section 316.
Criminal breach of trust
Section 317.
Stolen property
Section 318.
Cheating
Section 319.
Cheating by personation
Section 320.
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
Section 321.
Dishonestly or fraudulently preventing debt being available for creditors
Section 322.
Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
Section 323.
Dishonest or fraudulent removal or concealment of property
Section 324.
Mischief
Section 325.
Mischief by killing or maiming animal
Section 326.
Mischief by injury, inundation, fire or explosive substance, etc
Section 327.
Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
Section 328.
Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
Section 329.
Criminal trespass and house-trespass
Section 330.
House-trespass and house-breaking
Section 331.
Punishment for house-trespass or house-breaking
Section 332.
House-trespass in order to commit offence
Section 333.
House-trespass after preparation for hurt, assault or wrongful restraint
Section 334.
Dishonestly breaking open receptacle containing property
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
Section 335.
Making a false document
Section 336.
Forgery
Section 337.
Forgery of record of Court or of public register, etc
Section 338.
Forgery of valuable security, will, etc
Section 339.
Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
Section 340.
Forged document or electronic record and using it as genuine
Section 341.
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
Section 342.
Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
Section 343.
Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
Section 344.
Falsification of accounts
Section 345.
Property mark
Section 346.
Tampering with property mark with intent to cause injury
Section 347.
Counterfeiting a property mark
Section 348.
Making or possession of any instrument for counterfeiting a property mark
Section 349.
Selling goods marked with a counterfeit property mark
Section 350.
Making a false mark upon any receptacle containing goods
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Section 351.
Criminal intimidation
Section 352.
Intentional insult with intent to provoke breach of peace
Section 353.
Statements conducing to public mischief
Section 354.
Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
Section 355.
Misconduct in public by a drunken person
Section 356.
Defamation
Section 357.
Breach of contract to attend on and supply wants of helpless person
REPEAL AND SAVINGS
Section 358.
Repeal and savings