Bharatiya Nyaya Sanhita: Crime Definitions, Elements & Punishments

Posted on Feb 18, 2026 in Criminology

Module 1: Definition of Crime

1. Definition of Crime

1.1 Meaning and Concept

The term crime is derived from the Latin word crimen, meaning offence or fault.

A crime is an act or omission that violates the law, causes harm to an individual or to society, and is punishable by the State. It represents conduct that the State considers socially dangerous and therefore prohibits through legislation.

The Bharatiya Nyaya Sanhita, 2023 (BNS) does not define crime in a single provision, but the entire Sanhita revolves around identifying, classifying, and prescribing punishment for offences. Hence, crime under BNS refers to any act or omission made punishable by this Sanhita.

1.2 Nature of Crime

Crime is considered not merely a wrong against an individual but a wrong against the State and society. The State prosecutes offenders because crimes disrupt peace, order, and the security of society.

1.3 Characteristics of Crime

  • Human Conduct: Crime can only be committed by a human being (not by animals or natural events).
  • Prohibited by Law: The act must be declared illegal by the BNS.
  • Injury to Society: It must cause harm to person, property, or public peace.
  • Punishable: There must be a prescribed punishment or penalty.
  • Mens rea and actus reus: Both mental and physical elements must exist together.

1.4 Examples

  • Murder (Sec. 101 BNS): Causing death with intention or knowledge.
  • Theft (Sec. 303 BNS): Dishonest removal of property from another’s possession.
  • Cheating (Sec. 318 BNS): Deceiving someone to gain wrongful advantage.

2. Fundamental Elements of Crime

To prove a person guilty under BNS, the following essential elements must be established:

2.1 Actus Reus (Guilty Act)

  • It is the physical component of the crime — the act or omission which the law forbids.
  • Includes conduct, result, and circumstance.
  • For instance, in murder, the act of killing forms actus reus.
  • Actus non facit reum nisi mens sit rea — an act is not guilty unless the mind is guilty.

2.2 Mens Rea (Guilty Mind)

  • The mental state or intention behind the act.
  • BNS provisions refer to different mental states like intention, knowledge, rashness, negligence, or reason to believe.
  • Examples:
    • Intentionally causing death → mens rea for murder.
    • Knowingly using counterfeit currency → mens rea for cheating.

2.3 Concurrence of Actus Reus and Mens Rea

  • For a crime to be complete, both must exist simultaneously.
  • Example: If someone accidentally hits another person while driving carefully, there is no mens rea and hence no crime.

2.4 Motive

  • The underlying reason for committing a crime (revenge, greed, hatred, etc.).
  • It is not essential to prove guilt but helps the court understand the background of the act.

2.5 Injury or Harm

  • Every offence under BNS causes some kind of injury — physical, mental, financial, or social.
  • The law protects the following interests:
    • Individual life and liberty
    • Property rights
    • Public morality and order

2.6 Legal Prohibition and Punishment

  • The act must be one that is expressly prohibited by BNS and carries punishment.
  • Without legal prohibition, no act can be treated as crime.

3. Stages in Commission of a Crime

Every crime is generally developed in four sequential stages. Understanding these helps courts determine the degree of criminal liability.

Stage 1: Intention

  • The mental decision or desire to commit a criminal act.
  • It is purely mental and not punishable because the law cannot punish mere thoughts.
  • Example: Thinking of committing theft is not a crime.

Stage 2: Preparation

  • The stage where the person arranges means or instruments to commit the crime.
  • Normally, preparation is not punishable because it may still be abandoned voluntarily.
  • Exceptions: Some preparations are punishable under BNS (e.g., preparation for dacoity, counterfeiting, or waging war).

Stage 3: Attempt

  • When the person directly moves towards commission of the offence but fails to complete it due to interruption or other reason.
  • Attempt is punishable under BNS because it shows criminal intent and execution.
  • Example: Shooting at a person but missing the target — attempt to murder.

Stage 4: Commission

  • The crime is fully completed and causes the prohibited harm or injury.
  • At this stage, full punishment is imposed as per BNS provisions.

Illustration

In the case of A planning to poison B:

  1. A thinks of killing B – intention
  2. A buys poison – preparation
  3. A mixes it in B’s drink – attempt
  4. B drinks and dies – commission

4. Extent and Operation of the Bharatiya Nyaya Sanhita (BNS), 2023

4.1 Territorial Extent

The BNS, 2023 extends to the whole of India, including all Union Territories and the territories of Jammu and Kashmir and Ladakh.

4.2 Commencement

  • Came into force on 1st July 2024, replacing the Indian Penal Code, 1860 (IPC).
  • Offences committed after this date are governed by the BNS; offences before this date remain governed by IPC by the principle of non-retrospectivity.

4.3 Extra-Territorial Application

As per Section 4 of BNS, the law also applies to:

  1. Indian citizens committing offences abroad – e.g., if an Indian commits theft in another country, they can be tried in India.
  2. Offences on Indian registered ships or aircraft – even if the act occurs outside Indias territorial waters or airspace.
  3. Foreigners committing offences in India – are also subject to the BNS.

4.4 Principle of Universality

Certain offences like piracy, human trafficking, terrorism, or war crimes have universal jurisdiction under international law and may be tried in India under BNS.

4.5 Prospective Operation

BNS operates prospectively and not retrospectively, consistent with Article 20(1) of the Indian Constitution (no ex post facto criminal law).

5. Important Definitions under the Bharatiya Nyaya Sanhita

Some key definitions are essential to understand the application of BNS provisions:

Offence
Any act or omission made punishable by the BNS or any special or local law.
Dishonestly
Doing something with intention to cause wrongful gain to one or wrongful loss to another.
Fraudulently
Doing an act with intent to deceive or defraud another person.
Reason to believe
Having sufficient cause to believe something exists though not absolute proof.
Voluntarily
An act done by free will and intention, not under coercion.
Public servant
Includes judges, government employees, police officers, local authority staff, and similar officials.
Document
Any matter expressed or described upon any substance by letters, figures, or marks, intended to be used as evidence.
Movable property
Property that can be moved or transferred, excluding land or buildings.
Wrongful gain/loss
Gain or loss of property by unlawful means.

Note: Definitions under BNS are similar to those under the IPC but use simplified and gender-neutral language for clarity and modern application.

6. Punishment under the Bharatiya Nyaya Sanhita

6.1 Meaning

Punishment is the legal consequence imposed by the State upon a person found guilty of committing an offence. Its purpose is to deter, reform, and protect society by ensuring justice and maintaining public order.

6.2 Kinds of Punishments

Kinds of punishment under BNS include the following:

  1. Death Penalty
    • Reserved for the most heinous crimes like terrorism-related murders or aggravated rape of minors.
    • Applied only when alternative punishment is inadequate.
  2. Imprisonment for Life
    • Offender remains in prison for the remainder of their natural life unless remitted by the government.
  3. Imprisonment (Rigorous or Simple)
    • Rigorous imprisonment: Includes hard labour (e.g., manual work in prison).
    • Simple imprisonment: No hard labour, used for less serious offences.
  4. Forfeiture of Property
    • Confiscation of property gained through criminal activity.
  5. Fine
    • Monetary penalty imposed either alone or in addition to imprisonment.
  6. Community Service (New Provision)
    • Introduced as a reformative punishment for petty offences like minor thefts or public nuisance.
    • Encourages offenders to contribute positively to society instead of facing jail time.

6.3 Objectives of Punishment

  • Deterrent Objective To discourage the offender and others from committing crimes.
  • Retributive Objective To ensure the offender suffers for their wrongdoing.
  • Preventive Objective To incapacitate the offender from repeating the crime.
  • Reformative Objective To rehabilitate the offender through moral and social improvement.
  • Expedient Objective To maintain law and order efficiently.

6.4 Principles Governing Punishment

  • Proportionality: Punishment must be in proportion to the seriousness of the offence.
  • Certainty: Punishment must be certain and predictable.
  • Individualization: The court must consider the offender’s age, background, motive, and mental condition.
  • Humanity: The punishment should not be cruel, degrading, or inhuman.

6.5 Reforms Introduced by BNS in Punishment System

  • Community service as a new form of reformative punishment.
  • Greater emphasis on gender neutrality and protection of vulnerable sections.
  • Simplified sentencing structure for easier judicial interpretation.
  • Inclusion of technology-based offences with specific punishments.

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