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Bharatiya Nyaya Sanhita 2023(BNS) -English Version

Indian Penal Code (IPC) -Hindi Version

Part-3

Culpable Homicide & Murder under BNS, 2023

Simple, Exam-Focused Study Notes for Judicial Services, CLAT-PG, APO & UPSC Law Optional

1. First Understand the Big Picture

• All murders are culpable homicide, but all culpable homicides are NOT murder.

• Culpable homicide is the genus (बड़ा वर्ग), murder is the species (छोटा लेकिन गंभीर वर्ग).

• If the act falls in culpable homicide but does NOT satisfy any of the four clauses of murder → punished only as culpable homicide (maximum life imprisonment).

• If it satisfies even one clause of murder → punished as murder (death or life imprisonment).

2. Culpable Homicide – Section 100 BNS, 2023 (old Section 299 IPC)

Whoever causes death by doing an act:

• with the intention of causing death, OR

• with the intention of causing such bodily injury as is likely to cause death, OR

• with the knowledge that the act is so imminently dangerous that it must in all probability cause death.

Simple one-line definition for exams → “Causing death with guilty mind (mens rea) mentioned above.”

Practical Example A slaps B very hard on the head knowing B has a thin skull and may die. B dies. → Culpable homicide (2nd or 3rd part satisfied).

Landmark Case Reg v. Govinda (1876) – The classic case that explained the difference between culpable homicide and murder.

3. Murder – Section 101 BNS, 2023 (old Section 300 IPC)

Except in the cases hereinafter excepted, culpable homicide is murder if the act by which the death is caused is done:

Clause 1 → With the intention of causing death Example: A shoots B with clear intention to kill → Direct murder.

Clause 2 → Intention of causing such bodily injury as the offender knows to be likely to cause death Example: A knows B is suffering from heart disease and still stabs him in the chest → Murder (Virsa Singh v. State, 1958 – “intention must be gathered from the circumstances”).

Clause 3 → Intention of causing bodily injury which is sufficient in the ordinary course of nature to cause death Classic Example: A fires at the heart or head → Injury sufficient in ordinary course → Murder even if A says “I didn’t want to kill”. Landmark Case: Virsa Singh v. State (1958) – Supreme Court laid down the famous “Virsa Singh test” (still followed under BNS).

Clause 4 → Knowledge that the act is so imminently dangerous that it must in all probability cause death Example: A throws a huge stone from a rooftop into a crowded street just for fun. Someone dies → Murder (no intention, but knowledge was very high).

4. New Addition under BNS – Mob Lynching treated as Murder (Explanation 2 to Section 101)

When a group of five or more persons acting in concert commits murder on the ground of race, caste, community, language, place of birth, etc. → It shall be treated as murder under Section 103(2) (minimum life imprisonment or death, no lesser punishment).

Real-life Example Pehlu Khan lynching case (2017), Akhlaq case (2015), Palghar sadhu lynching (2020) – all these would directly attract Section 103(2) read with Explanation 2 of BNS.

5. When Culpable Homicide is NOT Murder – 5 Exceptions (Section 101 itself)

Exception 1 → Grave and sudden provocation (most famous) Landmark Case: K.M. Nanavati v. State (1962) – Nanavati killed Prem Ahuja after knowing about wife’s affair → Got benefit of Exception 1 (later converted on appeal, but principle remains).

Exception 2 → Private defence exceeding the right Example: A attacks B with a sword. B snatches the sword and kills A → Culpable homicide not amounting to murder.

Exception 3 → Public servant exceeding powers (believing in good faith) Exception 4 → Sudden fight without premeditation Example: Two friends quarrel in a bar, suddenly start fighting, one picks a bottle and kills → Exception 4 applies (Mukesh v. State, 2017 – NCR gang-rape case accused got benefit for one death).

Exception 5 → Consent of victim above 18 years (euthanasia-type cases, very rare).

6. Punishment at a Glance (Very Important for Objective Exams)

• Section 100 → Culpable Homicide not amounting to murder → Life or up to 10 years (or less)

• Section 101 → Murder → Death or Life + fine

• Section 103(2) → Murder by group on protected grounds (mob lynching) → Death or Life (no lesser sentence) + fine

7. Quick Revision One-Liners (Write these on your answer sheet margin)

• Base offence → Section 100 (Culpable Homicide)

• Upgraded to murder → If any of 4 clauses of Section 101

• Downgraded from murder → If any of 5 exceptions

• Mob lynching of 5+ persons → Straight Section 103(2)

• “Intention” matters in first three clauses, “knowledge” in fourth clause.

Dowry Death, Causing Miscarriage, Hurt, Wrongful Restraint & Criminal Force

Simple yet Complete Study Notes for Competitive Exams (Judiciary | APO | CLAT-PG | UPSC Law)

1. Dowry Death – Section 80 BNS, 2023 (Old Section 304-B IPC)

What is Dowry Death? If a married woman dies an unnatural death within 7 years of her marriage AND it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with demand of dowry → such death shall be called “dowry death”.

Key ingredients (very easy to remember in 4 points)

• Married woman

• Death within 7 years of marriage

• Death is unnatural (burns, bodily injury or otherwise than normal circumstances)

• Soon before death → cruelty/harassment by husband or in-laws for dowry

Punishment under S.80 BNS

• Minimum 7 years imprisonment

• Maximum → Life imprisonment

Important change in BNS Explanation is expanded – now “dowry” includes property, valuable security or anything given directly or indirectly by one party to marriage OR by parents or relatives of either party OR by any other person at or before or any time after marriage.

Landmark Cases (must remember names)

1. Satya Narayan Tiwari v. State (2018) – Supreme Court said “soon before death” does not mean immediately before death; even a few months gap is okay if chain of harassment is proved.

2. Kans Raj v. State of Punjab (2000) – Persistent demand of scooter/car/money = dowry demand.

3. Appasaheb v. State of Maharashtra (2007) – Mere death within 7 years + harassment for dowry → presumption under Section 113-B Evidence Act applies.

Real-life example Priya got married in 2022. In 2024 her in-laws kept demanding ₹5 lakh for buying a flat. They beat her regularly. In March 2025 she was found burnt. Case under S.80 BNS will apply directly.

2. Causing Miscarriage – Sections 87 & 88 BNS (Old Sections 312 & 313 IPC)

Section 87 – Causing miscarriage without woman’s consent Whoever voluntarily causes a woman with child to miscarry (if not done in good faith to save her life) → punishment up to 3 years + fine. If woman is quick with child (after 4-5 months) → up to 7 years + fine.

Section 88 – Causing miscarriage with woman’s consent Punishment → up to 3 years or fine or both. If done without consent → up to 10 years + fine.

Key points for exam

• “With child” means pregnant (any stage)

• “Quick with child” means when mother feels movement of child (usually after 16-20 weeks)

• Exception: If done in good faith to save life of woman → no offence.

Landmark Case Dr. Jacob Mathew v. State of Punjab (2005) – If doctor performs abortion to save mother’s life → protected.

Real-life example Boyfriend gives abortion pills to girlfriend without telling her → S.87 (without consent). If girlfriend herself asks and takes pills → S.88 (with consent).

3. Hurt & Grievous Hurt – Sections 89, 90, 91 BNS (Old 319–326 IPC)

Simple Hurt – S.89 Whoever causes bodily pain, disease or infirmity to any person → Hurt. Punishment: Up to 1 year imprisonment or ₹1000 fine or both.

Grievous Hurt – S.90 (8 categories – remember as “F-D-B-E-D-P-E-S”)

1. Fracture or dislocation of bone or tooth

2. Permanent disfigurement of head or face

3. Loss of sight or hearing

4. Loss of any member or joint

5. Permanent privation of any joint

6. Emasculation (loss of masculine power)

7. Danger to life (injuries that can cause death within 20 days)

8. Severe bodily pain for 20 days or unable to follow ordinary pursuits for 20 days

Punishment for Grievous Hurt – S.91

• Up to 7 years + fine

• If done by dangerous weapon or acid → higher punishment under other sections.

Landmark Cases

1. Jashubha Bharatsinh Gohil v. State of Gujarat (1994) – Fracture of tooth = grievous hurt.

2. State of Karnataka v. Joseph Rodrigues (2006) – Injury which makes person unable to eat for 20 days = grievous hurt.

Real-life example Slap on face → Simple hurt (S.89) Breaking someone’s nose → Fracture → Grievous hurt (S.90)

4. Wrongful Restraint – Section 109 BNS (Old Section 339)

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which he has a right to proceed → Wrongful Restraint.

Simple definition: Stopping someone from going where he/she has legal right to go.

Punishment: Up to 1 month imprisonment or ₹1000 fine or both.

Example Security guard locks gate and does not allow tenant to go out after 10 pm → Wrongful restraint.

Landmark Case No famous case, but remember: Mere verbal prohibition is NOT wrongful restraint (must be physical obstruction).

5. Wrongful Confinement – Section 110 BNS (Old Section, 340)

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits → Wrongful Confinement.

Difference from Wrongful Restraint (exam favourite) Wrongful Restraint = Stops you from going in one direction (but you can go elsewhere) Wrongful Confinement = Totally locks you in a place (no direction left)

Punishment

• Up to 1 year + fine (basic)

• If more than 3 days → higher punishment

• If more than 10 days → up to 3 years + fine

Real-life example Husband locks wife inside house for 5 days → Wrongful confinement.

6. Criminal Force – Section 111 BNS (Old 350)

Whoever intentionally uses force on any person without that person’s consent, in order to commit an offence OR cause injury/fear/annoyance → Criminal Force.

Simple example Pushing someone, pulling hair, throwing water on someone without consent = Criminal Force.

7. Assault – Section 112 BNS (Old 351)

Whoever makes any gesture or preparation which creates apprehension in another person that he is about to use criminal force → Assault.

Key point: Mere words do NOT make assault, but words + gesture can.

Example Raising fist and saying “I will beat you” while coming closer → Assault (even before touching).

Famous line from cases “Abusive words alone = no assault; but shaking fist + abusing = assault.”

Quick Revision One-Liners

• Dowry death = S.80 → 7 years to life

• Causing miscarriage without consent + quick with child = up to 10 years

• Fracture = grievous hurt (20 days rule also important)

• Wrongful restraint = one direction blocked

• Wrongful confinement = all directions blocked

• Force without consent = criminal force

• Fear of force = assault

Use these notes directly for mains answer writing and MCQs – everything is in exam language! All the best for your Judiciary/CLAT-PG preparation!

Kidnapping, Abduction & Slavery under BNS, 2023

(Simple, Exam-Focused Study Notes with Practical Examples & Landmark Cases)

1. Two Types of Kidnapping under BNS (Very Easy Way to Remember)

Think of it as “Age-Based Rule”

→ Kidnapping from India OR from lawful guardianship → Only when the victim is a MINOR → Kidnapping of an ADULT → Now merged with Human Trafficking (completely new approach)

Let’s understand one by one.

2. Kidnapping of a Minor (Sections 130, 131, 132, 133, 134, 135)

★ Section 130 – Kidnapping or abducting a child with intent to take it out of lawful guardianship Old IPC 363 → Almost same, but wording made simpler.

Ingredients (4 simple points – remember as K-I-G-I)

• K → Kidnapping (taking away)

• I → Intention to remove from lawful guardianship

• G → Guardian’s consent NOT taken

• I → Child must be under 16 (boy) or under 18 (girl) – age increased for girls!

Punishment → Up to 7 years + fine (same as old 363)

Practical Example A 15-year-old girl leaves home after fighting with parents. Her 19-year-old boyfriend picks her up on bike and takes her to another city. → This is Kidnapping from lawful guardianship (S.130) because parents’ consent was not taken and she is minor.

★ Section 131 – Importing a minor from foreign country Very rare in exams, but punishment is 7 years.

★ Section 132 – Kidnapping to murder / grievous hurt / rape / unnatural lust Punishment → 10 years to Life Imprisonment Example: Parading a kidnapped child and later killing – life imprisonment possible.

★ Section 133 – Kidnapping to compel for begging Punishment → 10 years + fine

★ Section 134 – Kidnapping with intent to secretly confine Example: Keeping a child locked in a room so no one finds out.

★ Section 135 – Procuration of minor girl (for sex / illicit intercourse) Punishment → 7–10 years

Landmark Case Still Applicable State of Haryana v. Raja Ram (1973) → The Supreme Court said “taking” does not mean only by force. Even if minor comes willingly because of inducement, it is kidnapping. This case is still 100% valid under BNS.

3. Abduction (Section 137 BNS) – The “Force or Deceit” Offence

Very important: Abduction by itself is NOT punishable! It becomes punishable only when it is done with a criminal intention (like ransom, murder, rape, etc.).

Two simple ingredients

1. Use of force OR deceitful means

2. Compelling a person (any age) to go from one place to another

Real-life Example A man promises a 20-year-old woman a film role, takes her to a hotel and locks her. → This is abduction + other offences.

Classic Case Queen Empress v. Buti Ram (1894) → Even showing a fake gun and threatening is “force” for abduction.

4. Big Change: Adult Kidnapping is GONE → Now it is Human Trafficking!

Old IPC had Section 363A – Kidnapping for begging (any age) Old IPC 369 – Kidnapping adult for ransom → Both DELETED from BNS.

Now covered under completely new Section 136 – Trafficking of Person (Chapter on “Offences Relating to Human Body and Trafficking”)

Section 136(1) – Trafficking of person (any age) Section 136(2) – Trafficking of minor → Aggravated form → Minimum 10 years

Example in News (2024–2025 cases) Labour agents taking adults from Bihar to brick kilns in other states by giving false job promises → Now directly Section 136 BNS (Human Trafficking), not old kidnapping.

5. Slavery & Habits of Selling Humans (Section 136(3) & 136(4))

Buying or selling any human being as slave → Rigorous imprisonment up to 10 years Keeping any person in condition of slavery → Same punishment

Real Example Bonded labour cases in Rajasthan stone mines → Now directly slavery under BNS.

6. Quick Revision One-Liners (Write these on your last page)

• Minor = under 16 (boy) / under 18 (girl)

• Taking minor without guardian consent = Kidnapping (S.130)

• Using force or cheating to make anyone move = Abduction (S.137) – not punishable alone

• Kidnapping adult for ransom/begging = DELETED → now Human Trafficking (S.136)

• Raja Ram case = inducement of minor = kidnapping even if she comes willingly

• Trafficking of minor = minimum 10 years

Sexual Offences under Bharatiya Nyaya Sanhita, 2023

(With Special Focus on New Section 69 – Sex by Deceitful Means or False Promise of Marriage) Exam-Oriented Study Notes for Judiciary, CLAT-PG, APO & UPSC Law Optional

1. Rape under BNS – Section 63 (Old IPC 375/376)

Definition remains largely similar – 7 clauses (from against will to without consent). Important points for exams:

• Consent given under fear of death or hurt is NOT consent

• Consent given by unsound person or under intoxication is NOT consent

• Most important change → Victim’s age for statutory rape is now 18 years (earlier 16)

• Minimum punishment for rape → 10 years RI (same as before)

• Rape of girl below 16 years → minimum 20 years RI

• Rape of girl below 12 years → Rigorous Imprisonment for life or death penalty

Quick tip: In answer writing, always write “Age raised from 16 to 18 years” – it shows you know the new law.

2. Gang Rape – Section 70 (Old IPC 376D)

Punishment made harsher:

• Gang rape of woman under 18 years → Life imprisonment (whole life) or Death

• Gang rape of woman above 18 years → Minimum 20 years (earlier 20 years or life)

4. The Game-Changer → New Section 69 BNS, 2023

(Completely new offence – did not exist in IPC)

Exact wording (simple language): “Whoever, by deceitful means or by making promise to marry the woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to rape, shall be punished with imprisonment up to 10 years and fine.”

In very simple words → If a man has sex with an adult woman by:

• False promise of marriage, OR

• Any other deceitful means and the act does NOT amount to rape (i.e., there was physical consent at that time), still he can be punished up to 10 years.

This section was added to stop “love cheats” who never intended to marry.

5. Key Ingredients of Section 69

1. There must be sexual intercourse

2. Woman must be above 18 years (because below 18 is already rape under S. 63)

3. Consent obtained by deceitful means or false promise of marriage

4. The man never had real intention to marry (this is the most important part)

5. The sexual intercourse does not amount to rape

6. Practical Real-Life Examples

Example 1 (Section 69 applies) Raj promises Priya (22 years old) that he will marry her. They have physical relations for 2 years. Raj was already married and never told her. Later he refuses to marry. → Section 69 applies (10 years possible).

Example 2 (Section 69 does NOT apply) Neha and Vikram are in a relationship. Both know marriage is not possible because of family issues. Still they have consensual sex. Vikram later marries someone else. → No offence under 69 because there was no false promise at the time of intercourse.

Example 3 (Section 69 does NOT apply) Ankita and Sameer promise to marry each other. They have sex. Later Sameer’s parents refuse and he also refuses. → Courts have said “change of mind later” is not false promise from the beginning.

7. Landmark Supreme Court Cases

1. Pramod Suryabhan Pawar vs State of Maharashtra (2019) Supreme Court gave 4 golden tests:

   • Was the promise totally absurd or impossible?

   • Was there any real intention to marry?

   • Was the girl aware that marriage was not possible?

   • Mere breach of promise is not cheating – there must be no intention from Day 1

2. Dhruvaram Murlidhar Sonar vs State of Maharashtra (2019) Court said: If a man backs out because of genuine family pressure, it is NOT Section 69.

3. Anurag Soni vs State of Chhattisgarh (2019) Court clearly held: “Long relationship + consensual sex + later refusal to marry because of caste/family → NOT criminal offence.”

4. Tilak Raj vs State of Himachal Pradesh (2016) Man was already married and hid it → Conviction upheld (perfect case for Section 69).

5. Shambhu Kharwar vs State of UP (2022) Supreme Court reiterated: Promise must be fake from the very beginning – not just failure to keep promise.

8. Quick Revision One-Liners (Memorise these)

• Rape age increased → 18 years (S. 63)

• Section 377 almost deleted

• New Section 69 → Maximum 10 years for false promise of marriage

• Mere breach of promise ≠ offence

• Concealing first marriage + sex = offence under 69

• Consent under misconception of fact = no real consent

• Best cases → Pramod Pawar, Dhruvaram Sonar, Anurag Soni

Now you can confidently answer any question on sexual offences in BNS – whether 2-mark MCQ or 20-mark mains question!

Making Public Statements on Sexual Offences (Section 74 of BNS, 2023)

Why this section was introduced (in very simple words)

The law wants to protect the dignity and privacy of victims of rape and other sexual crimes. Even after the victim dies or is a child, no one should reveal her name, address, photo, or any detail that can identify her to the public. Section 74 is the new and stricter version of the old Section 228A of IPC.

Exact wording of Section 74 BNS (simplified)

Whoever prints or publishes (or makes public through electronic mode) any matter which reveals the identity of a victim of offences under Sections 64, 65, 66, 67, 68, 70, 71, 73 (all sexual offences) or under Section 69 (sexual intercourse by deceit) → without the permission of the victim (or if victim is dead/minor/incapable – permission of parents/guardian) → shall be punished with imprisonment up to 2 years + fine.

What amounts to “revealing identity”? (Very important for exams)

The law itself explains (Explanation to Section 74):

• Name of the victim

• Address

• Telephone number

• Email or any social media account

• Photograph or video

• Family details

• School/college/workplace name

• Any other particular that can lead to identification

Even if you don’t write the real name but give so many hints that people can easily guess who the victim is – it is still an offence.

Who can give permission?

• If victim is adult and mentally sound → only the victim herself

• If victim is child or dead or of unsound mind → next friend or guardian (with court permission if needed)

Punishment at a glance

• Imprisonment: up to 2 years (can be rigorous or simple)

• Nature: Cognizable, Bailable, Triable by any Magistrate

• Fine: No upper limit mentioned

Exceptions – When it is NOT an offence

1. Publication is done by or under the order of police officer for investigation purpose

2. Publication is authorised by the court for judicial proceedings

3. Police publish particulars to help arrest the accused (with proper care)

4. Victim herself (or her authorised person) publishes her own story

Practical Real-Life Examples

Example 1 (Offence committed) A news channel runs a story: “A 19-year-old girl from XYZ colony, daughter of Mr. Sharma, a teacher in ABC School, was gang-raped…” → This is clearly an offence under Section 74 BNS because name of colony, father’s name and school name together reveal identity.

Example 2 (Offence committed on social media) Someone posts on Instagram: “That famous Delhi case victim has written a book. Her real name starts with N… she studied in DU…” → Even without full name, it reveals identity → punishable.

Example 3 (No offence – exception applies) The victim herself writes a book “I am Nirbhaya” and reveals her real name. → Allowed because victim herself disclosed.

Example 4 (No offence – police work) Delhi Police tweets photo and details of accused and says “He raped a woman in Saket area on 15th October” (no detail of victim). → Allowed under exception.

Landmark Cases & Practical Application

1. Nipun Saxena vs Union of India (2018) – Supreme Court

• Court said even the charge sheet should not contain name of victim

• Use words like “victim” only

• This judgment is the foundation of Section 74 BNS

2. Bhupinder Sharma vs State of Himachal Pradesh (2003)

• Supreme Court held that even if victim files FIR in her name, media cannot publish her name without permission

3. State of Karnataka by Circle Inspector of Police vs Shivanna (2014)

• Court allowed police to disclose identity only if victim gives written consent

4. Recent 2024-2025 trend (post BNS implementation)

• Many YouTubers and Instagram pages have been booked under Section 74 BNS for discussing Kolkata doctor rape case with photos or workplace details

• FIRs registered in Kerala, UP and Maharashtra against news channels for showing blurred photos but revealing hospital name + date

Quick Revision One-Liners

• Section 74 BNS = New version of old Section 228A IPC

• Maximum punishment = 2 years + fine

• Protects victims of Sections 63 to 73 BNS

• Social media disclosure also covered

• Victim can herself reveal identity – no offence

• “Next friend” can give permission if victim is minor/dead