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Bharatiya Nyaya Sanhita, 2023 Syllabus, Exam Pattern
Bharatiya Nyaya Sanhita, 2023 Syllabus, Exam Pattern
Bharatiya Nyaya Sanhita, 2023 Syllabus
The Bharatiya Nyaya Sanhita, 2023 : (Indian Penal Code, 2023)
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) received presidential assent on Notified Soon. It came into force on Notified Soon, replacing the Indian Penal Code, 1860 (IPC). Note that the implementation of the provision related to increased punishment for hit-and-run cases (Section 106(2)) has been held in abeyance as of the current date.
Indian Penal Code, 1860:
1. Repeal of Sedition: The controversial offence of Sedition (Section 124A IPC) has been removed. However, a new offence related to acts endangering the sovereignty, unity, and integrity of India has been introduced (Section 152 BNS).
2. New Offences Introduced:
3. Terrorist Act (Section 113).
4. Organised Crime (Section 111) and Petty Organised Crime (Section 112).
5. Murder or Grievous Hurt by five or more persons on grounds of race, caste, community, etc. (often referred to as Mob Lynching) (Section 103(2)).
6. Snatching (theft involving force or quickness) as a distinct offence (Section 304).
7. Sexual intercourse by employing deceitful means or false promise of marriage (Section 69).
8. Hiring, employing or engaging a child to commit an offence (Section 95).
9. Specific enhanced punishment for causing death by rash/negligent act and escaping without reporting (Hit-and-Run) (Section 106(2) - *implementation currently deferred*).
10. Attempt to commit suicide to compel or restrain a public servant (Section 226).
11. Community Service: Introduced as a form of punishment for certain petty offences (Section 4).
12. Focus on Women and Children: A dedicated chapter (Chapter 5) consolidates offences against women and children. The age threshold for gang rape victims is raised to 18 years (from 16 in IPC). Some offences made gender-neutral.
13. Terrorism and Organised Crime: Defined and penalized explicitly with severe punishments.
14. Removed Offences: Besides Sedition, offences like Adultery (IPC 497) and Unnatural Offences (IPC 377) have been omitted, reflecting Supreme Court judgments and changing societal norms. Attempt to commit suicide (IPC 309) is removed as a general offence.
15. Updated Definitions and Language: Recognizes 'transgender' under the definition of gender (Section 2(10)), includes electronic and digital records under 'document' (Section 2(8), and uses more contemporary language, removing archaic terms.
16. Punishment Enhancements: Imprisonment terms increased for 33 offences and fines increased for 83 offences compared to IPC. Mandatory minimum punishments introduced for several offences.
17. Consolidation: Streamlined structure by consolidating related provisions (e.g., inchoate offences like abetment, conspiracy, attempt are in Chapter 4).
Syllabus:
Chapter I: Preliminary (Sections 1-3)
Section 1: Short title, commencement, application (intra-territorial and extra-territorial).
Section 2: Definitions (Child, Gender including Transgender, Document including electronic records, Injury, Movable Property, Public Servant, Wrongful Gain/Loss etc.).
Section 3: General explanations.
Chapter II: Punishments (Sections 4-13)
Section 4: Types of punishments (Death, Life Imprisonment, Imprisonment - Rigorous/Simple, Forfeiture of Property, Fine, Community Service).
Sections 5-13: Rules regarding commutation, sentencing for multiple offences, fine imposition, solitary confinement, enhanced punishment for previous convictions.
Chapter III: General Exceptions (Sections 14-44)
Sections 14-33: Acts excused from criminal liability (Mistake of fact, Judicial acts, Accident, Necessity, Infancy, Unsoundness of Mind, Intoxication - involuntary, Acts done by consent/in good faith, Compulsion/Duress, Trifling acts).
Sections 34-44: Right of Private Defence (of body and property), limitations, when it extends to causing death or lesser harm.
Chapter IV: Abetment, Criminal Conspiracy and Attempt (Sections 45-62)
Sections 45-56: Abetment (Definition, Punishment based on act abetted). Includes abetment outside India for offences in India.
Sections 57-59: Criminal Conspiracy (Definition, Punishment).
Sections 60-62: Attempt (Punishment for attempting offences punishable with life imprisonment or other imprisonment).
Chapter V: Offences Against Women and Children (Sections 63-99)
Sections 63-73: Sexual Offences (Rape, including aggravated forms; Punishment; Gang Rape; Repeat offenders; Disclosure of victim identity). Includes new offence of sexual intercourse by deceitful means (Sec 69).
Sections 74-79: Criminal force and assault against women (Outraging modesty, Sexual harassment, Disrobing, Voyeurism, Stalking, Insulting modesty).
Sections 80-87: Offences relating to marriage (Dowry Death, Deceitful/Fraudulent/Bigamous marriage, Enticing married woman, Cruelty).
Sections 88-94: Offences relating to causing miscarriage, injuries to unborn children, exposure/abandonment of child, concealment of birth.
Sections 95-99: Offences specifically against children (Hiring child for offence, Procuration, Kidnapping/abducting child to steal, Selling/Buying child for prostitution).
Chapter VI: Offences Affecting the Human Body (Sections 100-146)
Sections 100-110: Offences Affecting Life (Culpable Homicide, Murder - including by mob lynching, Punishment, Murder by life-convict, Culpable homicide not amounting to murder, Causing death by negligence - including medical negligence & hit-and-run, Abetment of suicide, Attempt to murder/culpable homicide).
Sections 111-113: Organised Crime, Petty Organised Crime, Terrorist Act.
Sections 114-125: Hurt and Grievous Hurt (Definitions, Voluntarily causing, Use of dangerous weapons, Acid attacks, Grievous hurt causing permanent disability/vegetative state).
Sections 126-128: Wrongful Restraint and Wrongful Confinement.
Sections 129-136: Criminal Force and Assault.
Sections 137-146: Kidnapping, Abduction, Slavery and Forced Labour.
Chapter VII: Offences Against the State (Sections 147-158)
Sections 147-151: Waging war against the Government of India, conspiracy, collecting arms.
Section 152: Acts endangering sovereignty, unity and integrity of India (replaces Sedition).
Sections 153-158: Assaulting President/Governor, Sedition (removed), public mischief related to state security.
Chapter VIII: Offences Relating to the Army, Navy and Air Force (Sections 159-168)
Abetting mutiny, assault on superior officer, desertion, insubordination, harbouring deserters.
Chapter IX: Offences Relating to Elections (Sections 169-177)
Bribery, undue influence, personation, false statements, illegal payments, failure to keep election accounts.
Chapter X: Offences Relating to Coin, Currency Notes, Bank Notes, and Government Stamps (Sections 178-188)
Counterfeiting coins, currency notes, bank notes, government stamps; Possession/use of counterfeits.
Chapter XI: Offences Against the Public Tranquillity (Sections 189-197)
Unlawful Assembly, Being member, Rioting, Punishment, Provoking riot, Promoting enmity between different groups, Affray.
Chapter XII: Offences by or Relating to Public Servants (Sections 198-205)
Public servant disobeying law, framing incorrect document, unlawful engagement in trade, personating a public servant. (Note: Bribery largely covered under Prevention of Corruption Act).
Chapter XIII: Contempts of the Lawful Authority of Public Servants (Sections 206-226)
Absconding, preventing service of summons, non-attendance, omission to produce document, refusing oath/affirmation, refusing to answer questions, obstructing public servant, threat of injury. Includes attempt to suicide to compel public servant (Sec 226).
Chapter XIV: False Evidence and Offences Against Public Justice (Sections 227-269)
Giving/Fabricating false evidence (Perjury), Harbouring offenders, Escape from custody, Resistance to lawful apprehension, False charge, Tampering with evidence.
Chapter XV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals (Sections 270-297)
Public Nuisance, Adulteration of food/drink/drugs, Fouling water, Making atmosphere noxious, Rash driving/navigation, Negligent conduct (fire, explosives, machinery, animals), Sale of obscene books/objects.
Chapter XVI: Offences Relating to Religion (Sections 298-302)
Injuring/defiling place of worship, Disturbing religious assembly, Trespassing on burial places, Uttering words to wound religious feelings.
Chapter XVII: Offences Against Property (Sections 303-334)
Section 303: Theft.
Section 304: Snatching.
Sections 305-307: Aggravated forms of theft.
Section 308: Extortion.
Sections 309-313: Robbery and Dacoity (including preparation).
Sections 314-315: Criminal Misappropriation of Property.
Section 316: Criminal Breach of Trust (including by public servant, banker, etc.).
Section 317: Receiving Stolen Property.
Sections 318-319: Cheating and Cheating by Personation.
Sections 320-323: Fraudulent Deeds and Disposition of Property.
Sections 324-328: Mischief (including aggravated forms).
Sections 329-334: Criminal Trespass, House-trespass, Lurking house-trespass, House-breaking.
Chapter XVIII: Offences Relating to Documents and Property Marks (Sections 335-350)
Sections 335-340: Forgery, Making false document, Punishment, Using forged document.
Sections 341-349: Counterfeiting seals, property marks, using false marks.
Section 350: Falsification of accounts.
Chapter XIX: Criminal Intimidation, Insult, Annoyance, Defamation, etc. (Sections 351-357)
Section 351: Criminal Intimidation, threat to cause death/grievous hurt.
Section 352: Intentional insult with intent to provoke breach of peace.
Section 353: Word, gesture or act intended to insult the modesty of a woman (*Consolidated here from IPC 509*).
Section 356: Defamation (Definition, Exceptions, Punishment - may include community service).
Section 357: Breach of contract to attend on and supply wants of helpless person.
Chapter XX: Repeal and Savings (Section 358)
Repeals the Indian Penal Code, 1860, but saves actions taken, penalties incurred etc., under the repealed Act.
Bharatiya Nyaya Sanhita, 2023 Exam Pattern
Duration : 120 Minutes
No.of Question : 100
Total Marks : 100
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