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THE BHARATIYA NYAYA SANHITA, 2023


ARRANGEMENT OF CLAUSES


CLAUSES

CHAPTER IPRELIMINARY
1Short title, commencement and application.
2Definitions.
3General Explanations and expressions.
CHAPTER IIOF PUNISHMENTS
4Punishments.
5Commutation of sentence of death or imprisonment for life.
6Fractions of terms of punishment.
7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple.
8Amount of fine, liability in default of payment of fine, etc.
9Limit of punishment of offence made up of several offences.
10Punishment of person guilty of one of several offences, the judgment stating that it
is doubtful of which.
11Solitary confinement.
12Limit of solitary confinement.
13Enhanced punishment for certain offences after previous conviction.
CHAPTER IIIGENERAL EXCEPTIONS
14Act done by a person bound, or by mistake of fact believing himself bound, by law.
15Act of Judge when acting judicially.
16Act done pursuant to the judgment or order of Court.
17Act done by a person justified, or by mistake of fact believing himself, justified, by
law.
18Accident in doing a lawful act.
19Act likely to cause harm, but done without criminal intent, and to prevent other
harm.
20Act of a child under seven years of age.
21Act of a child above seven and under twelve of immature understanding.
22Act of a person of mental illness.
23Act of a person incapable of judgment by reason of intoxication caused against his
will.
24Offence requiring a particular intent or knowledge committed by one who is
intoxicated.
25Act not intended and not known to be likely to cause death or grievous hurt, done
by consent.
26Act not intended to cause death, done by consent in good faith for person’s
benefit.
27Act done in good faith for benefit of child or person with mental illness, by or by
consent of guardian.
28Consent known to be given under fear or misconception.
29Exclusion of acts which are offences independently of harm caused.
30Act done in good faith for benefit of a person without consent.
31Communication made in good faith.
32Act to which a person compelled by threats.
33Act causing slight harm.
Of the Right of Private Defence
34Things done in private defence.
35Right of private defence of the body and of property.
36Right of private defence against the act of a person with mental illness, etc.
37Acts against which there is no right of private defence.
38When the right of private defence of the body extends to causing death.
39When such right extends to causing any harm other than death.
40Commencement and continuance of the right of private defence of the body.
41When the right of private defence of property extends to causing death.
42When such right extends to causing any harm other than death.
43Commencement and continuance of the right of private defence of property.
44Right of private defence against deadly assault when there is risk of harm to innocent
person.
CHAPTER IVOF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Of Abetment
45Abetment of a thing.
46Abettor.
47Abetment in India of offences outside India.
48Abetment outside India for offence in India.
49Punishment of abetment if the act abetted is committed in consequence and where
no express provision is made for its punishment.
50Punishment of abetment if person abetted does act with different intention from
that of abettor.
51Liability of abettor when one act abetted and different act done.
52Abettor when liable to cumulative punishment for act abetted and for act done.
53Liability of abettor for an effect caused by the act abetted different from that intended
by the abettor.
54Abettor present when offence is committed.
55Abetment of offence punishable with death or imprisonment for life.
56Abetment of offence punishable with imprisonment.
57Abetting commission of offence by the public or by more than ten persons.
58Concealing design to commit offence punishable with death or imprisonment for
life.
59Public servant concealing design to commit offence which it is his duty to prevent.
60Concealing design to commit offence punishable with imprisonment.
Of Criminal Conspiracy
61Criminal conspiracy.
Of Attempt
62Punishment for attempting to commit offences punishable with imprisonment for
life or other imprisonment.
CHAPTER VOF OFFENCES AGAINST WOMAN AND CHILDREN
Of Sexual offences
63Rape.
64Punishment for rape.
65Punishment for rape in certain cases.
66Punishment for causing death or resulting in persistent vegetative state of victim.
67Sexual intercourse by husband upon his wife during separation or by a person in
authority.
68Sexual intercourse by a person in authority.
69Sexual intercourse by employing deceitful means etc.
70Gang rape.
71Punishment for repeat offenders.
72Disclosure of identity of the victim of certain offences, etc.
Of criminal force and assault against women
73Assault or criminal force to woman with intent to outrage her modesty.
74Sexual harassment and punishment for sexual harassment.
75Assault or use of criminal force to woman with intent to disrobe.
76Voyeurism.
77Stalking.
78Word, gesture or act intended to insult the modesty of a woman.
Of offences relating to marriage
79Dowry death
80Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
81Marrying again during lifetime of husband or wife.
82Marriage ceremony fraudulently gone through without lawful marriage.
83Enticing or taking away or detaining with criminal intent a married woman.
84Husband or relative of husband of a woman subjecting her to cruelty.
85Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of the causing of miscarriage, etc.
86Causing miscarriage.
87Causing miscarriage without woman’s consent.
88Death caused by act done with intent to cause miscarriage.
89Act done with intent to prevent child being born alive or to cause it to die after birth.
90Causing death of quick unborn child by act amounting to culpable homicide.
Of offences against children
91Exposure and abandonment of child under twelve years, by parent or person having
care of it.
92Concealment of birth by secret disposal of dead body.
93Hiring, employing or engaging a child to commit an offence.
94Procuration of child.
95Kidnapping or abducting child under ten years with intent to steal from its person.
96Selling child for purposes of prostitution, etc.
97Buying child for purposes of prostitution, etc.
CHAPTER VIOF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
98Culpable homicide.
99Murder.
100Culpable homicide by causing death of person other than person whose death was
intended.
101Punishment for murder.
102Punishment for murder by life-convict.
103Punishment for culpable homicide not amounting to murder.
104Causing death by negligence.
105Abetment of suicide of child or person with mental illness.
106Abetment of suicide.
107Attempt to murder.
108Attempt to commit culpable homicide.
109Organised crime.
110Petty organised crime or organised in general.
111Offence of terrorist act.
Of hurt
112Hurt.
113Voluntarily causing hurt.
114Grievous hurt.
115Voluntarily causing grievous hurt.
116Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
117Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an
illegal to an act.

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