Bharatiya Nyaya Sanhita 2023: Criminal Law Provisions Explained

Posted on Feb 15, 2026 in Law

Punishment under Bharatiya Nyaya Sanhita, 2023

Introduction

Punishment means the penalty imposed by law on a person who is found guilty of committing an offence. Under the Bharatiya Nyaya Sanhita, 2023, punishment is an essential instrument of criminal justice to maintain social order and deter criminal behaviour. The concept of punishment aims to protect society and reform offenders.

Legal Provisions and Types

The Bharatiya Nyaya Sanhita, 2023 provides various kinds of punishments which may be imposed depending upon the gravity and nature of the offence. The court has discretionary power to award punishment within the limits prescribed by law. The provisions relating to punishment emphasize justice, deterrence, and reformation.

Types of Punishment under BNS, 2023

The following are the main types of punishments recognized under the Bharatiya Nyaya Sanhita:

  • Imprisonment: It may be of two types:
    • Rigorous imprisonment
    • Simple imprisonment
  • Fine: A monetary penalty imposed on the offender, either alone or in addition to imprisonment.
  • Death Penalty: Awarded in the rarest of rare cases for heinous offences.
  • Community Service: Introduced as a reformative punishment where the offender serves society instead of undergoing imprisonment.
  • Forfeiture of Property: Property of the offender may be seized as punishment in certain cases.

Objectives of Punishment

The objectives of punishment are as follows:

  • Deterrence: To prevent the offender and others from committing crimes.
  • Retribution: To give punishment proportional to the offence committed.
  • Reformation: To reform the offender and reintegrate him into society.
  • Protection of Society: To safeguard society from criminals.
  • Justice: To ensure respect for the rule of law.

Example / Illustration

If a person commits theft, the court may award imprisonment or fine depending on the seriousness of the offence. In minor cases, the court may also order community service to reform the offender.

Conclusion

Thus, punishment under the Bharatiya Nyaya Sanhita, 2023 plays a crucial role in the criminal justice system. It not only penalizes wrongful acts but also aims at deterrence, reformation, and protection of society. A balanced approach to punishment ensures justice while promoting social harmony.

Culpable Homicide and Murder Distinction

Introduction

Culpable homicide and murder are offences relating to causing death under the Bharatiya Nyaya Sanhita, 2023. Though both involve causing death, the degree of intention and knowledge differentiates them. The law recognizes that all murders are culpable homicides, but all culpable homicides are not murders.

Legal Explanation / Provisions

Culpable homicide refers to causing death with the intention of causing death or with the knowledge that the act is likely to cause death. Murder is an aggravated form of culpable homicide where the intention or knowledge is of a higher degree. The BNS provides specific circumstances under which culpable homicide becomes murder and exceptions where it does not.

Essential Ingredients

Culpable Homicide:

  • Causing death of a person
  • Act done with intention or knowledge of causing death

Murder:

  • Intention to cause death, or
  • Intention to cause bodily injury likely to cause death, or
  • Knowledge that the act is imminently dangerous

When Culpable Homicide Does Not Amount to Murder

Culpable homicide does not amount to murder in the following situations:

  • Grave and sudden provocation
  • Exceeding the right of private defence
  • Act done in good faith
  • Sudden fight without premeditation
  • Consent of the deceased (where applicable)

Example / Illustration

If A causes the death of B during a sudden fight without premeditation, A commits culpable homicide not amounting to murder.

Conclusion

Thus, the distinction between culpable homicide and murder depends upon the intention, knowledge, and surrounding circumstances. The exceptions ensure that punishment is proportionate and just.

Offences Against Women under Bharatiya Nyaya Sanhita, 2023

Introduction

Offences against women are serious crimes that violate dignity, liberty, and equality. The Bharatiya Nyaya Sanhita, 2023 strengthens legal protection for women by recognizing various forms of violence and exploitation as punishable offences.

Legal Explanation / Provisions

The BNS provides stringent provisions to punish crimes committed against women. These provisions aim to ensure safety, dignity, and justice for women while promoting gender equality.

Types of Offences Against Women

  • Sexual harassment
  • Assault or use of criminal force
  • Rape and aggravated sexual offences
  • Dowry-related offences
  • Cruelty by husband or relatives
  • Trafficking and exploitation

Essential Ingredients

  • Act committed against a woman
  • Presence of criminal intent
  • Violation of bodily integrity, dignity, or liberty

Example / Illustration

If a person assaults a woman with intent to outrage her modesty, such act constitutes an offence under BNS.

Conclusion

Offences against women under BNS, 2023 reflect the commitment of law towards safeguarding women’s rights and dignity. Strict enforcement ensures justice and social reform.

Theft, Extortion, Robbery, and Dacoity Defined

Introduction

Property offences involve unlawful interference with another’s property. Theft, extortion, robbery, and dacoity are distinct offences under BNS, 2023, each differing in nature and severity.

Legal Explanation / Provisions

These offences are defined based on consent, force, and number of offenders involved. As the gravity increases, punishment also increases.

Definitions

  • Theft: Dishonest taking of movable property without consent.
  • Extortion: Obtaining property by putting a person in fear.
  • Robbery: Theft or extortion accompanied by violence or fear.
  • Dacoity: Robbery committed by five or more persons.

Essential Differences

TheftExtortionRobberyDacoity
No forceFear usedForce/fear5 or more offenders

Example / Illustration

If five persons commit robbery together, the offence becomes dacoity.

Conclusion

These offences are graded according to seriousness, ensuring proportional punishment under BNS.

Hurt, Grievous Hurt, and Injury Explained

Introduction

Hurt, grievous hurt, and injury are offences relating to bodily harm under the Bharatiya Nyaya Sanhita, 2023. These concepts recognize different degrees of physical and mental harm caused to a person and provide punishment accordingly. The classification helps courts award proportionate punishment.

Legal Explanation / Provisions

Under BNS, “hurt” refers to causing bodily pain, disease, or infirmity. “Grievous hurt” is a more serious form of hurt involving severe or permanent damage. “Injury” includes harm caused to body, mind, reputation, or property. The law clearly differentiates these to ensure justice.

Essential Ingredients / Types

Hurt:

  • Causing bodily pain, disease, or infirmity
  • Act done voluntarily

Grievous Hurt (major types):

  • Permanent loss of sight or hearing
  • Fracture or dislocation of bone
  • Permanent disfigurement
  • Any hurt endangering life

Injury:

  • Harm to body
  • Harm to mind
  • Harm to reputation
  • Harm to property

Example / Illustration

If A breaks B’s arm intentionally, it amounts to grievous hurt due to fracture of bone.

Conclusion

Thus, the distinction between hurt, grievous hurt, and injury ensures that the seriousness of harm is properly assessed. BNS provides a fair framework to punish offenders based on the gravity of injury caused.

False Evidence Offences

Introduction

Truthful evidence is the foundation of justice. Giving false evidence and fabricating false evidence are serious offences under Bharatiya Nyaya Sanhita, 2023 as they obstruct the administration of justice and mislead courts.

Legal Explanation / Provisions

Giving false evidence means making a false statement under oath or legal obligation. Fabricating false evidence involves creating false circumstances or documents to be used as evidence in judicial proceedings. Both are punishable due to their harmful impact on justice.

Essential Ingredients / Types

Giving False Evidence:

  • Legal obligation to speak truth
  • Making a false statement
  • Intent to mislead

Fabricating False Evidence:

  • Creation of false document or circumstance
  • Intention to use it in judicial proceedings

Example / Illustration

If a witness knowingly lies under oath in court, he commits the offence of giving false evidence.

Conclusion

These offences strike at the root of justice. BNS strictly penalizes such acts to maintain the integrity and credibility of judicial proceedings.

Exceptions and Justifications under BNS, 2023

Introduction

Not every act causing harm amounts to an offence. The Bharatiya Nyaya Sanhita, 2023 recognizes certain exceptions and justifications where criminal liability is excluded due to lawful or justified circumstances.

Legal Explanation / Provisions

Exceptions under BNS protect individuals who act without criminal intent or under lawful authority. These provisions balance individual rights with social interest and fairness.

Essential Exceptions / Justifications

  • Act done by mistake of fact
  • Act done under compulsion
  • Act of a child or person of unsound mind
  • Right of private defence
  • Act done in good faith
  • Necessity

Example / Illustration

If a person causes harm while exercising the right of private defence, he is protected under exceptions.

Conclusion

Exceptions and justifications ensure that innocent or justified acts are not punished. They uphold fairness and equity in criminal law.

Forgery in Court and Public Records

Introduction

Forgery undermines public trust in official records. Under the Bharatiya Nyaya Sanhita, 2023, forgery of court and public records is treated as a serious offence due to its impact on governance and justice.

Legal Explanation / Provisions

Forgery involves making a false document with intent to cause damage or deceive. When such forgery relates to court or public records, the offence becomes aggravated and attracts severe punishment.

Essential Ingredients

  • Making a false document
  • Intention to deceive or cause injury
  • Document relating to court or public authority

Example / Illustration

If a person alters a court judgment record to gain benefit, it amounts to forgery of court records.

Conclusion

Forgery of court and public records threatens legal certainty. Strict punishment under BNS acts as a deterrent and preserves public confidence.

Specific Offences under BNS

Lynching

Introduction

Lynching refers to an act of mob violence where a group of people take the law into their own hands and cause harm or death to a person. It is a serious offence under Bharatiya Nyaya Sanhita, 2023 as it threatens rule of law and public order.

Legal Provisions

BNS treats lynching as a grave criminal act involving unlawful assembly and use of violence. The law aims to curb mob justice and ensure punishment for collective criminal behaviour.

Essential Ingredients

  • Involvement of a group or mob
  • Use of violence or force
  • Intention to cause harm or death
  • Absence of legal authority

Example / Illustration

If a mob attacks and kills a person on mere suspicion of theft, the act amounts to lynching.

Cheating

Introduction

Cheating is an offence involving deception with the intention to dishonestly induce a person to deliver property or consent. It is punishable under Bharatiya Nyaya Sanhita, 2023.

Legal Provisions

Cheating occurs when a person deceives another and causes wrongful loss or wrongful gain. The offence focuses on dishonest intention at the time of inducement.

Essential Ingredients

  • Deception of a person
  • Dishonest or fraudulent intention
  • Inducement to deliver property or consent

Example / Illustration

If A sells fake goods to B claiming them to be genuine, A commits cheating.

Criminal Trespass

Introduction

Criminal trespass involves unlawful entry into property with criminal intent. It is an offence under Bharatiya Nyaya Sanhita, 2023.

Legal Provisions

A person commits criminal trespass when he enters or remains on property with intent to commit an offence or intimidate, insult, or annoy the possessor.

Essential Ingredients

  • Entry into property of another
  • Intent to commit offence or cause annoyance
  • Absence of lawful authority

Example / Illustration

If A enters B’s house without permission to threaten him, A commits criminal trespass.

Unlawful Assembly

Introduction

Unlawful assembly refers to a gathering of persons with a common illegal objective. It is punishable under Bharatiya Nyaya Sanhita, 2023.

Legal Provisions

An assembly becomes unlawful when its common object is to commit an offence or disturb public peace.

Essential Ingredients

  • Assembly of five or more persons
  • Common unlawful object
  • Use or threat of force

Example / Illustration

If five persons gather to forcibly seize land, it amounts to unlawful assembly.

Kidnapping and its Types

Introduction

Kidnapping is the unlawful taking of a person from lawful guardianship or jurisdiction. It is a serious offence under Bharatiya Nyaya Sanhita, 2023.

Legal Provisions

BNS recognizes kidnapping as an offence affecting personal liberty and safety.

Types of Kidnapping

  • Kidnapping from lawful guardianship
  • Kidnapping from India

Example / Illustration

If a minor is taken away without guardian’s consent, it amounts to kidnapping.

Community Service

Introduction

Community service is a reformative punishment introduced under Bharatiya Nyaya Sanhita, 2023. It focuses on rehabilitation rather than retribution.

Legal Provisions

Courts may order community service for minor offences, allowing offenders to contribute positively to society.

Essential Features

  • Non-custodial punishment
  • Reformative in nature
  • Social benefit

Example / Illustration

A minor offender may be ordered to clean public places as community service.

Revisiting Core Concepts

Punishment Kinds under BNS

Introduction

Punishment is the legal consequence imposed on a person who commits an offence. Under the Bharatiya Nyaya Sanhita, 2023, punishment is designed to maintain social order by deterring crime and reforming offenders.

Kinds of Punishments

  • Imprisonment (rigorous or simple)
  • Fine
  • Death penalty (rarest of rare cases)
  • Community service
  • Forfeiture of property

Murder vs. Culpable Homicide Exceptions

Introduction

Murder is the most serious offence involving unlawful killing. Under BNS, murder is an aggravated form of culpable homicide based on intention and knowledge.

Exceptions (CH not amounting to Murder)

  • Grave and sudden provocation
  • Exceeding right of private defence
  • Sudden fight without premeditation
  • Consent of the deceased
  • Act done in good faith

Theft, Robbery, and Dacoity Essentials

Introduction

Theft, robbery, and dacoity are property offences under BNS involving dishonest taking of property with increasing levels of violence and severity.

Essential Ingredients

  • Theft: Dishonest taking of movable property without consent
  • Robbery: Theft or extortion with violence or fear
  • Dacoity: Robbery committed by five or more persons

False Evidence Discussion

Introduction

Judicial decisions depend on truth. Giving or fabricating false evidence undermines justice and is punishable under BNS.

Essential Ingredients (General)

  • Knowledge of falsity
  • Legal obligation
  • Intention to mislead the court

Offences Against Women Reforms

Introduction

Protection of women is a key focus of criminal law reforms. BNS strengthens safeguards against violence and exploitation of women.

Legal Provisions

BNS includes stringent punishment for sexual offences, cruelty, harassment, and trafficking.

Types / Reforms

  • Enhanced punishment for sexual offences
  • Recognition of dignity and consent
  • Faster justice mechanisms

Theft vs. Extortion Distinction

Introduction

Theft and extortion are offences relating to property under the Bharatiya Nyaya Sanhita, 2023. Though both involve dishonest gain, they differ in method and use of fear or consent.

Essential Differences

TheftExtortion
No consentConsent obtained by fear
Property taken directlyProperty delivered by victim
No threatThreat or fear involved

Robbery vs. Dacoity Distinction

Introduction

Robbery and dacoity are aggravated forms of property offences involving violence. BNS differentiates them based on the number of offenders involved.

Essential Differences

RobberyDacoity
Any number of personsMinimum five persons
Less severeMore severe offence
Lower punishmentHigher punishment

Criminal Trespass Explained

Introduction

Criminal trespass is an offence against property involving unlawful entry with criminal intent. It is punishable under BNS, 2023.

Essential Ingredients

  • Entry into property of another
  • Criminal intent
  • Lack of lawful authority

Unlawful Assembly Explained

Introduction

Unlawful assembly involves collective criminal intent and poses threat to public peace. It is an offence under Bharatiya Nyaya Sanhita, 2023.

Essential Ingredients

  • Five or more persons
  • Common unlawful object
  • Use or threat of force

Kidnapping from Lawful Guardianship

Introduction

Kidnapping from lawful guardianship is a serious offence affecting the safety of minors. BNS provides strict protection to children.

Essential Ingredients

  • Minor or person of unsound mind
  • Lawful guardian
  • Taking without consent

Community Service as Punishment

Introduction

Community service is a reformative punishment introduced under BNS, 2023. It focuses on correction rather than punishment.

Essential Features

  • Non-custodial
  • Reformative
  • Socially beneficial

Injury under BNS

Introduction

Injury is a broad concept under criminal law covering various forms of harm. The Bharatiya Nyaya Sanhita, 2023 defines injury to ensure protection of body, mind, reputation, and property.

Essential Ingredients / Types

  • Physical injury to body
  • Mental injury to mind
  • Injury to reputation
  • Injury to property

Grievous Hurt Examples

Introduction

Grievous hurt refers to serious bodily harm causing permanent or severe damage. BNS treats grievous hurt more seriously than simple hurt.

Types of Grievous Hurt

  • Permanent loss of sight or hearing
  • Loss of limb or joint
  • Permanent disfigurement
  • Fracture or dislocation of bone
  • Injury endangering life

False Evidence Explained

Introduction

False evidence undermines justice and misleads courts. Bharatiya Nyaya Sanhita, 2023 strictly penalizes such conduct.

Essential Ingredients

  • Legal obligation to state truth
  • Knowledge of falsity
  • Intention to mislead

Fabrication of False Evidence

Introduction

Fabrication of false evidence involves creating false circumstances or documents to influence judicial decisions.

Essential Ingredients

  • Creation of false document or situation
  • Intention to use it as evidence
  • Knowledge of falsity

Exceptions and Justifications

Exceptions

  • Mistake of fact
  • Act of child
  • Unsoundness of mind
  • Private defence
  • Necessity

Justifications

  • Judicial acts
  • Acts done in good faith
  • Consent
  • Public duty

Forgery Explained

Introduction

Forgery is an offence involving creation of false documents with intent to deceive. It is punishable under BNS, 2023.

Essential Ingredients

  • False document
  • Intention to deceive
  • Likely damage

Forgery of Public Records

Introduction

Public records are official documents relied upon by society. Their forgery is a serious offence under BNS.

Essential Ingredients

  • Public document
  • False alteration
  • Criminal intention

Forgery of Court Records

Introduction

Court records form the backbone of justice delivery. Their forgery directly affects judicial outcomes.

Essential Ingredients

  • Judicial document
  • False creation or alteration
  • Intention to mislead court

Offences Relating to Public Justice

Introduction

Offences against public justice obstruct lawful administration. BNS penalizes acts interfering with justice.

Essential Ingredients

  • Obstruction or interference
  • Intention to mislead or delay
  • Judicial proceeding involved

Cheating Essentials

Introduction

Cheating involves deception with dishonest intention causing wrongful loss or gain. It is punishable under BNS, 2023.

Essential Ingredients

  • Deception
  • Dishonest intention
  • Inducement causing delivery/consent

Criminal Intimidation

Introduction

Criminal intimidation involves threats intended to cause alarm.

Essential Ingredients

  • Threat
  • Intention to cause alarm
  • Purpose to compel action/inaction

Abetment

Introduction

Abetment involves instigating, aiding, or conspiring in an offence.

Types

  • Instigation
  • Conspiracy
  • Intentional aid

Attempt to Commit Offence

Introduction

Attempt is an incomplete offence punishable due to dangerous intent.

Essential Ingredients

  • Intention
  • Overt act towards commission

Common Intention

Introduction

Common intention fixes joint liability for shared criminal design.

Essential Ingredients

  • Common intention
  • Participation

Unlawful Assembly—Common Object

Introduction

Common object defines liability of an unlawful assembly.

Essential Ingredients

  • Five or more persons
  • Common unlawful object

Rioting

Introduction

Rioting is violence by an unlawful assembly.

Essential Ingredients

  • Unlawful assembly
  • Use of force

Mischief

Introduction

Mischief involves intentional damage to property.

Essential Ingredients

  • Property damage
  • Intention/knowledge

Criminal Breach of Trust

Introduction

CBT involves dishonest misuse of entrusted property.

Essential Ingredients

  • Entrustment
  • Dishonest misappropriation

Receiving Stolen Property

Introduction

Knowingly receiving stolen property is punishable.

Essential Ingredients

  • Stolen property
  • Knowledge/belief

House-trespass

Introduction

House-trespass is aggravated criminal trespass.

Essential Ingredients

  • Trespass
  • Dwelling house

Assault

Introduction

Assault creates apprehension of harm.

Essential Ingredients

  • Gesture/preparation
  • Apprehension

Wrongful Restraint

Introduction

Wrongful restraint restricts lawful movement.

Essential Ingredients

  • Obstruction
  • Lawful movement prevented

Wrongful Confinement

Introduction

Wrongful confinement is aggravated restraint.

Essential Ingredients

  • Restraint
  • Complete confinement

Public Nuisance

Introduction

Public nuisance affects community at large.

Essential Ingredients

  • Public impact
  • Unlawful act/omission