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Showing posts with the label 2023

Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023 45. A person abets the doing of a thing, who— (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. ...
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Section 43 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 43 of The Bharatiya Nyaya Sanhita(BNS),2023 43. The right of private defence of property,–– (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sun rise continues as long as the house-trespass which has been begun by such house-breaking continues.
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Section 40 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 40 of The Bharatiya Nyaya Sanhita(BNS),2023 40. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
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Section 39 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 39 of The Bharatiya Nyaya Sanhita(BNS),2023 39. If the offence be not of any of the descriptions specfied in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death.
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Section 38 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 38 of The Bharatiya Nyaya Sanhita(BNS),2023 38. The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:— (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting; (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (...
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Section 37 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 37 of The Bharatiya Nyaya Sanhita(BNS),2023 37. (1) There is no right of private defence,–– (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities. (2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by ...
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Section 36 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 36 of The Bharatiya Nyaya Sanhita(BNS),2023 36. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the mental illness or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations. (a) Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.
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Section 35 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 35 of The Bharatiya Nyaya Sanhita(BNS),2023 35. Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
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Section 34 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 34 of The Bharatiya Nyaya Sanhita(BNS),2023 34. Nothing is an offence which is done in the exercise of the right of private defence.
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Section 33 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 33 of The Bharatiya Nyaya Sanhita(BNS),2023 33. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
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Section 32 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 32 of The Bharatiya Nyaya Sanhita(BNS),2023 32. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for exampl...
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Section 31 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 31 of The Bharatiya Nyaya Sanhita(BNS),2023 31. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.
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Section 30 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 30 of The Bharatiya Nyaya Sanhita(BNS),2023 30. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided that exception shall not extend to–– (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the comm...
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Section 29 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 29 of The Bharatiya Nyaya Sanhita(BNS),2023 29. The exceptions in sections 21, 22 and 23 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration.  Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
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Section 28 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 28 of The Bharatiya Nyaya Sanhita(BNS),2023 28. A consent is not such a consent as is intended by any section of this Sanhita,– (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or (b) if the consent is given by a person who, from mental illness, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
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Section 1 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 1 of The Bharatiya Nyaya Sanhita(BNS),2023 1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita. (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. (4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. (5) The provisions of this Sanhita apply also to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever ...
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