Part-1&2-Bharatiya Nyaya Sanhita, 2023 (BNS): Premium Study Notes for all Competitive Exams -

Download The Bare Acts For Free (PDF)

Bharatiya Nyaya Sanhita 2023(BNS) -English Version

Part-1

Introduction, Key Objectives and Key Definitions under Bharatiya Nyaya Sanhita, 2023 (BNS)

Introduction & Objective

The Bharatiya Nyaya Sanhita, 2023 replaced the 163-year-old Indian Penal Code from 1 July 2024. It has only 358 sections (instead of 511 in IPC) because many procedural parts have been moved to the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The main objectives of BNS are simple:

Make laws easy to read and understand
Focus on justice instead of only punishment
Add new-age crimes (terrorism, organised crime, mob lynching)
Remove colonial ideas (sedition deleted, Indian names used)

But for exams, the most important and most-scoring part is Section 2 – the Definitions. Judiciary and CLAT-PG repeatedly ask direct questions from these definitions.

Section 2 – Most Important Definitions Explained Simply

(With practical examples and landmark cases)

Crime / Offence (Section 2(6) read with Section 2(22)) → Any act or omission that is punishable under BNS or any Special or Local Law. Example: Driving a car and killing a pedestrian = offence under Section 106(1) BNS (causing death by rash driving). Landmark Case: State of Rajasthan v. Ram Kailash @ Ram Vilas (2016) – Supreme Court said “mere civil wrong is not a crime unless a statute makes it punishable”.
Child (Section 2(3)) → Any person below 18 years of age. Very important because age of victim decides punishment in many sections (rape, kidnapping, etc.). Example: If a 17-year-old girl is raped → minimum 20 years RI under Section 64(2) BNS. Case: Independent Thought v. Union of India (2017) – Exception of marital rape for wife below 18 was struck down.
Man and Woman (Section 2(17) & 2(35)) → BNS keeps the biological meaning. Transgender persons are covered under the gender they identify with for the purpose of offences. Practical use: Sections 67 to 73 (sexual offences) are now largely gender-neutral for the accused.
Document (Section 2(8)) → Now includes electronic and digital records (very wide definition). Example: WhatsApp chat, PDF file, email – all are “documents”. Case: Anvar P.V. v. P.K. Basheer (2014) – Supreme Court said electronic records are documents under Section 65B Evidence Act. Same logic applies in BNS.
Dishonestly (Section 2(9)) → Doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. Simple example: You find a lost phone and sell it instead of returning it → done dishonestly. Landmark Case: Tullal Ram v. State of U.P. (1974) – Intention to cause wrongful gain/loss is essential.
Fraudulently (Section 2(13)) → Doing something with intent to defraud + intention to cause injury or deceive. Difference from “dishonestly”: Fraudulently always includes deception. Example: Making fake marksheet to get government job → fraudulently.
Wrongful Gain and Wrongful Loss (Section 2(36) & 2(37)) → Gain or loss by unlawful means of property to which the person gaining or losing is not legally entitled. Easy example: Stealing ₹50,000 cash → wrongful gain to thief, wrongful loss to owner.
Good Faith (Section 2(14)) → An act done with due care and attention. Opposite of negligence. Case: Emperor v. Abdool Wadood (1907) – Doctor doing emergency operation without consent but in good faith → protected.
Voluntarily (Section 2(33)) → Doing an act with intention or knowing that it is likely to cause the harmful result. Most important word in criminal law! Example: A fires at B intending to kill → murder (done voluntarily). Landmark Case: Anda v. State of Rajasthan (1966) – Supreme Court explained that “voluntarily” includes both intention and knowledge.
Act and Omission (Section 2(1)) → “Act” includes a single act or series of acts. → “Omission” means failure to do something which a person is legally bound to do. Example: A mother does not feed her 2-year-old child and the child dies → omission = offence under Section 98 (culpable homicide).
Reason to believe (Section 2(27)) → A person has reason to believe a thing if he has sufficient cause to believe it, but not mere suspicion. Example: You buy a stolen bike at 1/10th price from a stranger at night → you have reason to believe it is stolen (Section 315 – receiving stolen property).
Movable Property (Section 2(20)) → Now includes “corpse” and property of every description except land and things attached to earth. Practical point: Stealing a dead body can be theft!
Gender (Section 2(15)) → Words referring to male also include female and transgender persons in certain cases.
Harbour (Section 2(16)) → Supplying a person with shelter, food, money, etc. to prevent his arrest. Example: Giving hideout to a terrorist → offence under Section 113.
Public Servant (Section 2(26)) → Almost same as IPC, but now includes employees of government companies and local authorities too.

ELEMENTS OF CRIME UNDER BHARATIYA NYAYA SANHITA, 2023

Every crime under the Bharatiya Nyaya Sanhita (BNS), just like the old IPC, has four main building blocks. If even one block is missing, there is no crime. These four blocks are together called the “Elements of Crime”.

Let us understand them one by one in the simplest way possible.

1. Mens Rea (Guilty Mind / Criminal Intention or Knowledge)

Meaning: The person must have a guilty mind when he does the act. Without a bad intention or knowledge that the act is wrong, there is normally no crime.

Different forms of Mens Rea under BNS

Intention (knowingly wanting the result) → Sections 99–101 (Murder)
Knowledge (knowing that the act will probably cause harm) → Section 88 (act done without intention but with knowledge)
Rashness or Negligence (gross carelessness) → Section 106 (rash driving causing death)
Recklessness → New organised crime and terrorism provisions

Real-life Example A doctor gives wrong medicine by mistake → No mens rea → No crime. Same doctor gives poison knowing it will kill the patient → Mens rea present → Murder (S. 101 BNS).

Landmark Cases → R v. Cunningham (1957) – “Malice” means intention or recklessness (still followed in India). → Basdev v. State of Pepsu (1956) – Drunk person killed another → Court said mens rea was present because he intended the act. → State of Maharashtra v. Mayer Hans George (1965) – Strictly liability offences (very few) do not need mens rea.

2. Actus Reus (Guilty Act or Omission)

Meaning: There must be some physical act or illegal omission (failure to do duty).

Important points under BNS

Mere thinking or planning is not actus reus.
Words can become actus reus (e.g., abetting by instigation – S. 47 BNS).
Omission is punishable only when there is legal duty (S. 40 – duty to help person in danger if no risk to self).

Real-life Example You see a child drowning in 2 feet water and you can save him without any danger, but you walk away → Omission + legal duty → Can be culpable homicide (S. 100 BNS). You just think “I hate him, I wish he dies” → No actus reus → No crime.

Landmark Cases → Fagan v. MPC (1969) – Continuing act (car parked on policeman’s foot) = actus reus. → R v. Miller (1983) – Man started fire by cigarette, woke up, did nothing → Omission created actus reus.

3. Concurrence of Mens Rea and Actus Reus (Both must happen at the same time)

Meaning: Guilty mind and guilty act must happen together.

Real-life Example A pushes B from the 10th floor with intention to kill. While falling, B dies of heart attack before hitting ground → Mens rea present, actus reus of murder not complete → Not murder, but attempt to murder (S. 101 read with S. 61(2)).

Landmark Case → Thabo Meli v. R (1954) – Accused hit victim thinking he is dead, then threw body off cliff → Both acts treated as one transaction → Murder.

4. Causation (The act must cause the prohibited result)

Two types of causation (a) Factual causation (“But-for” test) (b) Legal causation (the result must not be too remote)

Real-life Example A shoots B → B is taken to hospital → Doctor gives wrong treatment → B dies. But-for test: But for A’s shot, B would not have gone to hospital → A is still responsible for murder (S. 101 BNS).

Landmark Cases → R v. Blaue (1975) – Victim refused blood transfusion because of religion → Stabber still guilty (“take your victim as you find him”). → R v. Pagett (1983) – Accused used girlfriend as human shield → Police bullets killed her → Causation not broken → Murder.

Most Important Sections in BNS for Elements

S. 3(5) → Common intention (like old S. 34)
S. 14–33 → General Exceptions (when mens rea is missing)
S. 35 → Act done by consent (no crime if valid consent)
S. 61 → Attempt (mens rea present, actus reus incomplete)

10 Seconds Revision Tip Just remember the word “MAC-C” M → Mens rea A → Actus reus C → Concurrence C → Causation If any one “C” is missing → No Crime!

These four elements are asked in almost every Judiciary, CLAT-PG and APO Mains paper. Write answers using the MAC-C formula and give one case + one example → you will easily score 10–12 marks out of 15.

General Exceptions under Bharatiya Nyaya Sanhita 2023

Most Scoring Chapter for Judiciary Mains, Prelims & Interview – Complete Exam-Focused Notes in Super Simple Language

Every crime under BNS needs two things: → Physical act (Actus Reus) → Guilty mind (Mens Rea)

When any General Exception from Section 14 to 33 applies, the guilty mind disappears or the act becomes legally justified. Result? No crime, no punishment – even if the act looks exactly like an offence.

These are your “Legal Shields” or “Golden Defences”.

Complete List of General Exceptions (Memory-Friendly Order)

Mistake of Fact & Mistake of Law (Sections 14–17)
Judicial Acts (Section 18)
Necessity (Section 19)
Accident (Section 20)
Consent (Sections 21–25)
Compulsion by Threat (Section 26)
Private Defence (Sections 34–44) – Biggest & most tested topic

Let’s master each one with everyday examples and landmark cases that repeatedly appear in Judiciary, APO & CLAT-PG exams.

1. Mistake of Fact (Sections 14 & 15) – Everyone’s Favourite Defence

If you honestly believe wrong facts and act in good faith → No guilty mind → You walk free.

Real-Life Example: A policeman sees a man running with a knife at night. He genuinely believes the man is a terrorist and shoots. Later it turns out the man was chasing a dog. Policeman is NOT guilty because of honest mistake of fact in good faith.

Landmark Cases You Must Quote:

Darius Khambata v. State (Bombay HC) – Officer shot suspect believing he was armed → Acquitted
R v. Tolson (1889) – Wife remarried believing husband dead → Honest mistake saved her

Remember Forever: Mistake of Law NEVER works “I didn’t know theft is punishable” → No defence at all (Section 17)

2. Judicial Acts (Section 18)

Judges, magistrates and court officers are fully protected if they act honestly under colour of duty – even if the order is later found illegal.

Example: Magistrate orders lathi-charge to stop a violent mob. Someone dies. Magistrate is safe.

3. Necessity (Section 19) – Choose the Lesser Evil

Break a small law to prevent a much bigger harm when no other option exists.

Classic Example: Doctor breaks traffic signals at 2 a.m. to rush a dying patient to hospital → Protected under necessity.

But Remember: Necessity NEVER justifies murder Case: R v. Dudley and Stephens (1884) – Sailors killed and ate cabin boy to survive → Still convicted of murder.

4. Accident (Section 20) – Pure Bad Luck

Harm caused by pure accident while doing a lawful act in a lawful manner with proper care → Zero punishment.

Example: You are legally firing at a shooting range. Bullet ricochets and injures someone. You took all safety steps → Accident → No crime.

5. Consent (Sections 21–25)

Consent of a person above 12 years can make certain acts non-criminal (hurt, grievous hurt, taking out of India, etc.).

Golden Limits: × Consent for murder is void × Consent under fear, fraud or misconception is invalid × No consent for offences against public morality or State

6. Compulsion / Threat (Section 26)

Crime committed under fear of instant death → No punishment (except murder and offences against the State).

Example: Terrorists hold your family at gunpoint and force you to drive a bomb car → You are protected.

7. Right of Private Defence (Sections 34–44 BNS) – Highest Weightage Topic

Biggest change from IPC: Now only 11 sections (34–44) instead of 11 sections (96–106), language simpler and scope slightly wider.

Four Golden Principles (Write these in every Mains answer):

Danger must be real and imminent
No time or safe way to approach public authorities
Right starts when reasonable fear begins, ends when fear ends
No duty to retreat in India – you can stand and fight

When Can You Cause Death in Private Defence? (Section 38 – 6 Golden Situations)

Reasonable apprehension of death
Grievous hurt (acid attack, breaking limbs, etc.)
Rape or unnatural lust
Kidnapping or abduction
Wrongful confinement so severe that you cannot approach police
House-breaking/theft/robbery/dacoity by night

Must-Quote Landmark Cases (Repeated Every Year):

K.M. Nanavati v. State (1962) – Grave and sudden provocation + private defence mixture
Darshan Singh v. State (2010 SC) – 18 accused attacked with deadly weapons; victims exceeded limit → Still got benefit because initial aggression was from attackers
Mohinder Pal Jolly (1979) – Factory owner fired at mob burning factory → Private defence allowed
Yogendra Rao v. State (2019) – Supreme Court summarised all principles of private defence

Abetment, Criminal Conspiracy & Attempt under BNS 2023

1. ABETMENT (Sections 45 to 52) – The 3 Ways a Person Can Abet

Section 45 defines abetment in a very simple way: A person abets the doing of a thing who

→ First way: Instigates any person to do that thing → Second way: Engages with one or more persons in any conspiracy for the doing of that thing → Third way: Intentionally aids the doing of that thing

Let’s understand each with daily-life examples:

A. Instigation (Most asked in exams) Meaning: Advising, provoking, encouraging, or threatening someone to commit a crime. Words or gestures both count.

Real-life Example: A says to B – “Kill that man, I will give you ₹5 lakh.” → A is liable for abetment of murder even if B does not kill (Barendra Kumar Ghosh v. King Emperor – “Queen’s rupee” case principle still applies).

B. Conspiracy for the act If two or more persons agree to commit a crime and some overt act is done – abetment by conspiracy is complete. (We will study full Criminal Conspiracy separately under S.61)

C. Intentional Aid Giving weapon, money, information, or keeping watch – anything that helps the main offender.

Practical Example: X gives a gun to Y knowing Y will murder Z → X is abettor by aid (even if X is not present at the spot).

Important Section 46 – Abetment in India of offences outside India Now clearly written (very useful for exams).

2. Punishment for Abetment (Sections 47–52) – Remember only these 4 rules

Rule 1 → If the offence abetted is committed → Punished with the same punishment as the main offence (S.47) Rule 2 → If the offence abetted is NOT committed → Up to 1/4th punishment of the main offence (S.48) Rule 3 → If abetted offence causes hurt → Up to 7 years + fine Rule 4 → Special sections for specific abetments (murder S.49, robbery S.51, etc.)

Landmark Case: Kehar Singh v. State (1988) – Indira Gandhi assassination – All conspirators were held guilty of abetment of murder even though only Beant Singh fired.

3. CRIMINAL CONSPIRACY (Section 61) – New Standalone Chapter!

Big Change from IPC: Earlier conspiracy was only in Chapter V-A. Now BNS has made it a separate general offence.

Two situations:

Situation A – Conspiracy to commit serious offences (punishable under Chapters VI or VII i.e., offences against body or property punishable with ≥2 years) Punishment: Same as abetment of that offence (S.61(1))

Situation B – Conspiracy to commit any other offence Punishment: Up to 6 months or fine or both (only when some overt act is done)

Example: A and B agree to rob a bank (punishable >7 years) → Both guilty under S.61(1) even before entering the bank.

Classic Case: State (NCT of Delhi) v. Navjot Sandhu (Parliament Attack case 2001) – Supreme Court explained that mere agreement = conspiracy; no need to prove overt act for serious offences.

4. ATTEMPT under BNS 2023 – Only ONE section now!

Biggest change: BNS has removed separate attempt sections (old IPC 511). Now only Section 61(2) deals with attempt for all serious offences.

Rule is very simple:

Attempt to commit offences punishable with imprisonment for life or other imprisonment → → If offence is committed → Full punishment → If offence NOT committed → Up to half the punishment → If punishment is life → attempt can get up to 7 years

Example: A fires at B with intention to kill but misses → Attempt to murder → up to 7 years (even though no one died).

Landmark Cases you MUST remember:

Abhayanand Mishra v. State of Bihar (1961) – Preparation vs Attempt explained (sending fake certificates = attempt to cheat).
Malkiat Singh v. State of Punjab (1969) – Truck carrying paddy husks instead of paddy → only preparation, not attempt.
State of Maharashtra v. Mohd. Yakub (1980) – Bringing silver near sea coast for smuggling → attempt, not mere preparation.

Quick Revision One-Liners (Write these in your notebook)

Instigation + Conspiracy + Aid = 3 ways of abetment (S.45)
Abetted offence done → full punishment; not done → ¼ punishment
Criminal conspiracy now a separate chapter (S.61)
Attempt to life imprisonment offence → max 7 years if not completed
Mere agreement = conspiracy for serious offences
Presence at spot not required for abettor (Kehar Singh case)

Part-2

Study Notes – Types of Punishments under Section 4 of BNS, 2023

Quick Overview – What has Changed from IPC?

Old IPC (Section 53) had 5 types of punishments.
New BNS (Section 4) has 6 types – the big new addition is “Community Service”.
Order of punishments is almost the same, but courts now have more reformative options.

Section 4 of BNS lists six kinds of punishments:

A person convicted of an offence may be punished with any one (or more) of the following:

Death
Imprisonment for life
Imprisonment (Rigorous or Simple)
Forfeiture of property
Fine
Community Service (Brand New!)

Let’s understand each one with simple language, real-life examples and important cases.

1. Death (Capital Punishment)

Rarest of rare cases only.
Given only when the crime is so horrible that no other punishment is enough.
Example: Terrorist attacks, brutal murder of a child after rape, murder of many people together.
Landmark Cases (still applicable under BNS)
- Bachan Singh v. State of Punjab (1980) → “Rarest of Rare” doctrine.
- Machhi Singh v. State of Punjab (1983) → Guidelines for awarding death.
- Mukesh & Anr. v. State (Nirbhaya case, 2017) → Death sentence confirmed.

2. Imprisonment for Life

Means jail till natural death (unless President pardons).
Not 14 years – that was old confusion. Supreme Court has clarified it is till death.
Example: Murder (Section 101 BNS), gang rape of child below 12 years, large-scale drug trafficking.
Case: Swamy Shraddananda (2008) → Court created “special category” of life imprisonment without remission for 25-30 years.

3. Imprisonment (Two Types)

(a) Rigorous Imprisonment → Hard labour (digging earth, grinding corn, etc.) (b) Simple Imprisonment → Just stay in jail, no hard work.

Example:
- Rigorous → Most theft, hurt, cheating cases.
- Simple → First-time small offences, women offenders, old-age offenders (courts often give simple).
Case: Sunil Batra v. Delhi Administration (1978) → Even rigorous imprisonment cannot be inhuman.

4. Forfeiture of Property

Government takes away property earned from crime.
Example: Property bought from drug money or corruption money can be taken away.
Still exists in BNS but used less after new laws like PMLA came.
Mostly seen in old hawala or smuggling cases.

5. Fine

Money punishment.
Can be given alone or with jail.
If person does not pay fine → extra jail (Section 8 BNS explains this).
Example: Small offences like rash driving, public nuisance – only fine is enough.

6. Community Service (The Big New Addition!)

First time in Indian criminal law as a formal punishment.
Meaning: Offender has to do free social work for some hours/days.
Purpose: Reform the person, reduce jail crowding, teach social responsibility.
For which offences? Minor offences where jail is not needed.
Practical Examples of Community Service (Courts have already started giving after 1 July 2024):
- Small theft (below ₹5,000) → clean public parks for 30 days.
- Rash driving without injury → teach road safety in schools for 50 hours.
- Minor public nuisance → work in old-age home or orphanage.
- First-time drunk driving → work with traffic police on weekends.
Real Case Example (Delhi Court, August 2024): A college student caught with 15 grams ganja → instead of 6 months jail, court ordered 100 hours of teaching underprivileged children.
Another Example (Kerala Court, Oct 2024): Man who slapped a bus conductor in anger → 15 days community service in government hospital.

Summary Table in Mind (Easy Revision Points)

Death → Rarest of rare (Nirbhaya type)
Life → Till death (Murder, Acid attack on women)
Rigorous → Hard work in jail
Simple → Just stay in jail
Fine → Money only
Community Service → New, reformative, for petty crimes