The Bharatiya Nyaya Sanhita, 2023

NO. 45 OF 2023

[25th December, 2023.]

An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY
 

Section 1 Short title, commencement and application

Section 2 Definitions

Section 3 General explanations

 

CHAPTER II 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

 

CHAPTER III 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

 

Of right of private defence

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

 

CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

of abetment

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

 

Of criminal conspiracy

Section 61 Criminal conspiracy

 

Of attempt

Section 62 Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

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

 

Of criminal force and assault against woman

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

 

Of offences relating to marriage

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

 

Of causing miscarriage, 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

 

Of offences against child

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

 

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life

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

 

Of hurt

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

 

Of wrongful restraint and wrongful confinement

Section 126 Wrongful restraint

Section 127 Wrongful confinement

 

Of criminal force and assault

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

 

Of kidnapping, abduction, slavery and forced labour

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

 

CHAPTER VII 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

 

CHAPTER VIII 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

 

CHAPTER IX 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

 

CHAPTER X 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

 

CHAPTER XI 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

 

CHAPTER XII 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 nontreatment 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

 

CHAPTER XIII 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 Nonattendance in obedience to an order from public servant

Section 209 Nonappearance 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

 

CHAPTER XIV 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 255 Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

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

 

CHAPTER XV 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

 

CHAPTER XVI 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

 

CHAPTER XVII OF OFFENCES AGAINST PROPERTY
Of theft

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

 

Of extortion

Section 308 Extortion

 

Of robbery and dacoity

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

 

Of criminal misappropriation of property

Section 314 Dishonest misappropriation of property

Section 315 Dishonest misappropriation of property possessed by deceased person at the time of his death

 

Of criminal breach of trust

Section 316 Criminal breach of trust

 

Of receiving stolen property

Section 317 Stolen property

 

Of cheating

Section 318 Cheating

Section 319 Cheating by personation

 

Of fraudulent deeds and dispositions of property

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

 

Of mischief

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

 

Of criminal trespass

Section 329 Criminal trespass and house-trespass

Section 330 House-trespass and housebreaking

Section 331 Punishment for house-trespass or housebreaking

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

 

CHAPTER XVIII 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

 

Of property marks

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

 

CHAPTER XIX 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

 

Of defamation

Section 356 Defamation

 

Of breach of contract to attend on and supply wants of helpless person

Section 357 Breach of contract to attend on and supply wants of helpless person

 

CHAPTER XX REPEAL AND SAVINGS

Section 358 Repeal and savings