Book Preview Ready Reckoner 3NEWLAWS

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Samarth Agrawal Books LLP 1

First Edition : 2024-25
Published by
Samarth Agrawal Books LLP
7R/5, Kailashpuri Colony, Tashkant Marg
Civil Lines, Prayagraj-211001
E-mail : [email protected]
Website : www.samarthagrawalbooks.com
 All Rights Reserved with Publisher
MRP : Rs 690/- (Rupees Six Hundred Ninety Only)
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ISBN : 978-81-965961-2-5
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Compiled & Edited by :
Shreya Bhargava & Samarth Agrawal
Former Judges (U.P. Judicial Service) Pr
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Disclaimer
Due care has been taken while compiling, editing and printing this book to avoid any error or omissions. Neither the author nor the
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publisher of the book holds any responsibility for any mistake that may have inadvertently crept in. They also take no responsibility
for any loss or damage caused to any person on account of any action taken on the basis of the book. The publisher shall not be liable
for any direct, consequential or incidental damage arising out of use of this book. Any mistake or discrepancy noted may be brought
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to our notice which shall be taken care of in the next edition.

Explanations, guidance and references must not be taken as having authority or having binding nature. For authoritative text kindly
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contact the concerned department or official publication. Kindly contact the concerned department for official papers. In case of
any binding mistake, misprints or missing pages the publisher's entire liability is limited to replacement of the book within one week
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of purchase by similar edition/reprint of the book upon production of original invoice of purchase.
All disputes are subject to the courts of Prayagraj jurisdiction only.
Printed by: Goel Printers, Prayagraj
2 Samarth Agrawal Books LLP

Highlights of the Book
Comparative Study of New Laws & Old Laws
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Changes Introduced in Various Provisions
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List of New & Omitted Provisions
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Diagrammatic Presentation of Important Concepts

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Point - wise Presentation for Easy Understanding

Authors' Note
Dear Readers,
We are delighted to present this comprehensive ready reckoner tailored specifically for aspirants of
judicial service, law students, and legal professionals who seek basic understanding of three new criminal
laws i.e. Bharatiya Nagrik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya
Sakshya Adhiniyam, 2023. As authors deeply committed to facilitating your legal journey, we have me-
ticulously crafted this book with the utmost consideration for your learning experience.
The focal point of this book lies in its concise study material, carefully curated to provide you with
a clear and comprehensive grasp of the intricacies of the three new criminal laws. To enhance your reading
experience and facilitate efficient learning, we have implemented a unique approach to highlight key aspects.
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Newly introduced provisions have been distinctly marked with an asterisk (*) throughout the text,
drawing your attention to the legal changes. Moreover, changes in old provisions have been thoughtfully
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emphasized by rendering the text in bold, ensuring that you can easily identify and comprehend the evolving
landscape of criminal laws.
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Recognizing the importance of clarity, we have mentioned “Changes Introduced” in the respec-
tive chapters separately. This deliberate structuring aims to simplify complex legal concepts, allowing for a
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seamless understanding of the modified provisions. It is our sincere belief that this approach will prove
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instrumental in aiding your preparation for judicial services and legal examinations.
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In addition to these strategic features, we have incorporated comparative charts to facilitate quick
reference. These charts serve as invaluable tools, offering a visual representation of the provision and aiding
in the comprehension of nuances within the legal framework.
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As you embark on this journey through the pages of this book, our earnest hope is that it serves as
a guiding light in your pursuit of legal knowledge. May it empower you with the insights and understanding
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necessary to navigate the intricacies of the evolving criminal laws.
Wishing you success in your legal endeavors.
Shreya Bhargava & Samarth Agrawal

Former Judges, U.P. Judicial Service

Contents
 Contents ......5-8
1. BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
 PRELIMINARY .........11
 DEFINITIONS .........12
 CRIMINAL COURTS : CLASSES, CONSTITUTION & OFFICES .........19
 POWER OF COURTS .........26
 POWERS OF SUPERIOR OFFICER OF POLICE AND AID TO THE MAGISTRATE AND .........29
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THE POLICE
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 ARREST .........30
 PROCESSES TO COMPEL APPEARANCE .........40
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PROCESSES TO COMPEL, PRODUCTION OF THINGS .........49
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 RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND .........53
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PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

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 SECURITY FOR KEEPING PEACE AND FOR GOOD BEHAVIOUR .........54
 ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS .........57

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 MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY .........62

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 PREVENTIVE ACTION OF THE POLICE .........66

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 INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE .........66
 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS .........93
 CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS .........98
 COMPLAINTS TO MAGISTRATE .........105
 COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES .........108
 THE CHARGE .........113
 TRIAL BEFORE A COURT OF SESSION ...........120
 TRIAL OF WARRANT CASES BY MAGISTRATE ...........125

 TRIAL OF SUMMONS CASES BY MAGISTRATE ..........130
 SUMMARY TRIAL ..........132
 PLEA BARGAINING ..........134
 ATTENDANCE OF PERSONS CONFINED OR DETAINED IN THE PRISONS ..........137
 EVIDENCE IN INQUIRIES AND TRIALS ..........138
 GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS ..........144
 PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE ..........157
 THE JUDGMENT ..........159
 SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION ..........163
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 APPEALS ..........164
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 REFERENCE AND REVISION ..........170

TRANSFER OF CRIMINAL CASES Pr
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
..........171
..........173
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 PROVISIONS AS TO BAIL AND BONDS ..........177
 DISPOSAL OF PROPERTY ..........187

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 IRREGULAR PROCEEDINGS ..........189

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 LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES ..........190

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 MISCELLANEOUS PROVISIONS ..........192

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 COMPARATIVE TABLE OF SECTIONS OF BHARATIYA NAGRIK SURAKSHA SANHITA, ..........197
2023 & CODE OF CRIMINAL PROCEDURE, 1973
 COMPARATIVE TABLE OF SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973 & ..........219
BHARATIYA NAGRIK SURAKSHA SANHITA, 2023
 NEWLY INTRODUCED PROVISIONS IN BHARATIYA NAGRIK SURAKSHA SANHITA, ..........241
2023
 PROVISIONS OF CODE OF CRIMINAL PROCEDURE, 1973 OMITTED IN ..........242
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

2. BHARATIYA NYAYA SANHITA, 2023
 DEFINITIONS OF CRIME ..........245
 MENS REA ..........245
 PRELIMINARY ..........246
 PUNISHMENT ..........254
 GENERAL EXCEPTIONS ..........260
 ABETMENT, CRIMINAL CONSPRACY AND ATTEMPT ..........273
 OFFENCES AGAINST WOMEN AND CHILD ..........282
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 OFFENCES AFFECTING THE HUMAN BODY ..........293
 OFFENCES AGAINST THE STATE ..........313
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 OFFENCES AGAINST THE PUBLIC TRANQUILLITY ..........315
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FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE ..........320
 OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, ..............323

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CONVENIENCE, DECENCY AND MORALS
 OFFENCES RELATING TO RELIGION ..........328

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 OFFENCES AGAINST PROPERTY ..........329

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 OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS ..........342

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 OFFENCES RELATING TO CRIMINAL INTIMIDATION, .............345

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INSULT AND ANNOYANCE, DEFAMATION ETC
 COMPARATIVE TABLE OF SECTIONS OF BHARATIYA NYAYA SANHITA, 2023 & ..........351
INDIAN PENAL CODE, 1860
 COMPARATIVE TABLE OF SECTIONS OF INDIAN PENAL CODE, 1860 & ..........377
BHARATIYA NYAYA SANHITA, 2023
 NEWLY INTRODUCED PROVISIONS IN BHARATIYA NYAYA SANHITA, 2023 ..........404
 PROVISIONS OF INDIAN PENAL CODE, 1860 OMITTED IN BHARATIYA NYAYA ..........405
SANHITA, 2023

3. BHARATIYA SAKSHYA ADHINIYAM
 SCHEME OF THE ACT .........409
 PRELIMINARY .........410
 THE RELEVANCY OF FACTS .........415
 ADMISSION AND CONFESSION .........424
 STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES .........434
 JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT .........439
 OPINIONS OF THIRD PERSONS, WHEN RELEVANT .........441
 CHARACTER WHEN RELEVANT .........445
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 FACTS WHICH NEED NOT BE PROVED .........446
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 ORAL EVIDENCE .........448
 DOCUMENTARY EVIDENCE .........451
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EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE .........465
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 BURDEN OF PROOF .........467
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 ESTOPPEL .........473
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 WITNESSES .........475
 EXAMINATION OF WITNESSES .........482

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 IMPROPER ADMISSION AND REJECTION OF EVIDENCE .........490

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 REPEALS AND SAVINGS .........491

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 COMPARATIVE TABLE OF SECTIONS OF BHARATIYA SAKSHYA ADHINIYAM, 2023 & .........495
INDIAN EVIDENCE ACT, 1872
 COMPARATIVE TABLE OF SECTIONS OF INDIAN EVIDENCE ACT, 1872 & .........503
BHARATIYA SAKSHYA ADHINIYAM, 2023
 NEWLY INTRODUCED PROVISIONS IN BHARATIYA SAKSHYA ADHINIYAM, 2023 .........512
 PROVISIONS OF INDIAN EVIDENCE ACT, 1872 OMITTED IN BHARATIYA .........512
SAKSHYA ADHINIYAM, 2023


Bharatiya Nagarik Suraksha Sanhita, 2023
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BHARATIYA NAGARIK
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SURAKSHA SANHITA, 2023
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PRELIMINARY
[Chapter I, Sections 1-5]
Object of Bharatiya Nagarik Suraksha Sanhita
 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is intended to consolidate and amend the law relating
to Criminal Procedure.
 Supreme Court in Shivjee Singh v. Nagendra Tiwari,AIR 2010 SC 2261 held that provisions of the
code are to be interpreted in light of recognized principles of construction that procedural laws are
meant for doing substantial justice.
 Supreme Court in Sangram Singh v. Election Tribunal, Koth, AIR 1955 SC 425, held that rules of
procedure are designed to facilitate justice and further its ends. Too technical interpretation should be
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avoided.
Commencement and Extent of the Sanhita
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 Name: According to Section 1(1) of BNSS this Act may be called the Bharatiya Nagarik Suraksha
Sanhita, 2023.
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 Commencement: The Sanhita got the Presidential assent on 25.12.2023 and it shall come into force on
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01.07.2024.
 Territorial extent: According to Section 1(2) of BNSS the provisions of the Sanhita contained in
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Chapters IX, XI and XII shall NOT apply to :-
(i) State of Nagaland and

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(ii) The tribal areas.

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 The concerned State Government has been empowered to apply any or all of the provisions of the
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Sanhita to any part of the State or such tribal areas.

 According to Explanation to Section 1(2) of BNSS “tribal areas” means the territories which imme-
diately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to
in Paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the
municipality of Shillong.
 Supreme Court in Mowu v. Superintendent Special Jail, Nowgong, Assam, (1971) 3 SCC 936,
Saptawana v. State of Assam, (1972) 4 SCC (N) 945 and Naga people’s Movement of Human
Rights v. Union of India, (1998) 2 SCC 109 held that though the provisions of CrPC (now BNSS) are
not applicable in certain districts of the State of Nagaland, it only means that the rules of CrPC(now
BNSS) would not apply but the authorities would be governed by the substance of these rules.

DEFINITIONS
[Section 2]
Section 2(1)(a) : Audio-video electronic means*

Section 2(1)(b) : Bail
Section 2(1)(c) : Bailable Offence & Non-bailable Offence
Section 2(1)(d) : Bail Bond*
Section 2(1)(e) : Bond*
Section 2(1)(f) : Charge
Section 2(1)(g) : Cognizable Offence & Cognizable Case
Section 2(1)(h) : Complaint
Section 2(1)(i) : Electronic Communication
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Section 2(1)(j) : High Court
Section 2(1)(k) : Inquiry
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Section 2(1)(l) : Investigation
Section 2(1)(m) :
Section 2(1)(n) :
Judicial Proceeding
Local Jurisdiction
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Section 2(1)(o) : Non-cognizable Offence & Non-cognizable Case
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Section 2(1)(p) : Notification

Section 2(1)(q) : Offence
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Section 2(1)(r) : Officer in charge of a police station

Section 2(1)(s) : Place
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Section 2(1)(t) : Police Report

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Section 2(1)(u) : Police Station

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Section 2(1)(v) : Public Prosecutor

Section 2(1)(w): Sub-Division
Section 2(1)(x) : Summons Case
Section 2(1)(y) : Victim
Section 2(1)(z) : Warrant Case
Audio-video Electronic Means [Section 2(1)(a)]*
 ‘Audio-video electronic means’ shall include use of any communication device for the purposes of
video conferencing, recording of processes of identification, search and seizure or evidence, transmis-
sion of electronic communication and for such other purposes and by such other means as the State
Government may, by rules provide. It is a newly introduced definition.

Bail [Section 2(1)(b)]
 ‘Bail’ means release of a person accused of or suspected of commission of an offence from the
custody of law upon certain conditions imposed by an officer or Court on execution by such person
of a bond or a bail bond.
Bailable Offence and Non-Bailable Offence [Section 2(1)(c)]
Bailable
For the purpose of bail,
Offences may be classified as
Non-bailable
 ‘Bailable offence’ means an offence which is shown as bailable in the First Schedule or which is made
bailable by any other law for the time being in force. A ‘Non-bailable’ offence means any other
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offence.
 Whether the offence is bailable or not is provided in the column 5 of First Schedule. First Schedule
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lays down the classification of offences given under Bharatiya Nyaya Sanhita.
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According to the First Schedule the offences under laws other than BNS which are punishable with
imprisonment of 3 years or more are considered to be ‘non-bailable’, while offences punishable with
less than 3 years of imprisonment are considered to be ‘bailable’.
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 The provisions relating to bail are laid down in Chapter XXXV of the Sanhita.
Bail Bond [Section 2(1)(d)]*

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 ‘Bail Bond’ means an undertaking for release with surety.

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Bond [Section 2(1)(e)]*

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 ‘Bond’ means a personal bond or an undertaking for release without surety.

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Charge [Section 2(1)(f)]
 “Charge” includes any head of charge when the charge contains more heads than one.
 A ‘charge’ can be defined as a precise formulation of the specific accusation made against a person. It
is framed when a prima facie case is disclosed about commission of certain offence or offences.
 Object of framing of charge: The object of framing a charge is to give notice of the essentials facts
which the prosecution proposes to establish against the accused in order to prove the case against him,
so that the accused may not be prejudiced in his defence.
 It is the foundation of the accusation in a criminal trial. It separates the inquiry stage from the trial.
 The provision relating to charge are laid down in Chapter XVIII [Sections 234-247] of the Sanhita.

Cognizable and non-cognizable offence [Section 2(1)(g) and Section 2(1)(o)]
 According to Section 2(1)(g) a ‘Cognizable offence’ means an offence for which & ‘Cognizable Case’
means a case in which a police officer may, in accordance with the first schedule or under any other law
for the time being in force, arrest without warrant.
 According to Section 2(1)(o) “non-cognizable offence’ means an offence for which and a ‘non-
cognizable case’ means a case in which, a police officer has no authority to arrest without a warrant.
 According to Section 175(1) of BNSS any officer in charge of police station may without the order
of magistrate investigate any cognizable case. This section makes it expressly clear that a cognizable case
can be investigated by the police officer without the order of the magistrate. Whereas Section 174(2)
of BNSS states that police officer shall not investigate a non-cognizable case without the order of a
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magistrate having power to try such a case or commit the case for trial.
 On the point of arrest in cognizable and non-cognizable cases reference may be made to Section 35(1)
of BNSS. It says that any police officer may without the order of magistrate and without warrant,
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arrest any person. Whereas Section 35(2) lays down that no person concerned in a non-cognizable case
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shall be arrested without warrant or order from the court [Section 39 being exception].
 If a case relates to two or more offences of which at least one is a cognizable one, the case shall be
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deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable [Section
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174(4)]. Thus, it can be said that if there are more than one offence then even if one of the offences is
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a cognizable the whole case becomes cognizable case.
 Cognizable offence + Cognizable offence= Cognizable case

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 Cognizable offence+ Non-cognizable offence= Cognizable case

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 Non-cognizable offence + Non-cognizable offence= Non-cognizable case

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 The classification of offences into cognizable and non-cognizable is shown in column 4 of the First
Schedule of the Sanhita.
Complaint [Section 2(1)(h)]
 ‘Complaint means any allegation made orally or in writing to a magistrate with a view to his taking
action under this Sanhita, that some person whether known or unknown has committed an offence but
does not include a police report.
Explanation : A report made by a police officer in a case which discloses, after investigation the
commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer by
whom such report is made shall be deemed to be the complainant.

Complaint [Section 2(1)(h)]
Form Commission of offence Person Made to
Oral Written Cognizable Non-cognizable Known Unknown Magistrate

Essentials of valid complaint :
 Allegation must be about the commission of an offence (cognizable or non-cognizable).
 Offence may be committed by known or unknown person
 Made to a magistrate
 It must be made with a view of his taking action under the Sanhita
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 It must not be a ‘police report’.
 A complaint may be made oral or in writing, no particular format is required.
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 A complainant need not be a person aggrieved except in cases falling under Section 215-222 of the
Sanhita. Any person having knowledge of the commission of any offence can file a complaint.
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Some Special & Local Acts (Cattle Trespass Act, Prevention of food Adulteration Act, Employees
Provident Fund Act etc.) provides that complaint should be made only by some particular persons.
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Deemed complaint :
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 The general provision is that the complaint does not include police report. However, according to the
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explanation of Section 2(1)(h) of the Sanhita if after investigation it is disclosed that the offence is a
non-cognizable then the report of the police officer will be deemed to be a complaint.
Electronic Communication [Section 2(1)(i)]

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 Electronic communication means the communication of any written, verbal, pictorial information or
video content transmitted or transferred (whether from one person to another or from one device to
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another or from a person to a device or from a device to a person) by means of an electronic device
including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or
audio-video player or camera or any other electronic device or electronic form as may be specified by
notification, by the Central Government.
Inquiry [Section 2(1)(k)]
 Inquiry means every inquiry, other than a trial conducted under this Sanhita by a Magistrate or Court.
 Purpose: The basic purpose of inquiry is to ascertain truth or falsity of facts in order to proceed
further under the Sanhita.
 Inquiry is conducted by the magistrate and inquiry and trial does not overlap. Where trial begins, inquiry
stops.

 Proceedings under Section 126, 127, 128, 129, 144, 152, 163, 164, 166, 167, 225, 379 of the Sanhita
have been held to be inquiries.
Investigation [Section 2(1)(l)]
 Investigation includes all proceedings under the Sanhita for the collection of evidence conducted by the
police officer or any person, other than the magistrate, authorized by him.
 Purpose: The basic purpose of investigation is the collection of evidence.
 Investigation is conducted by police officer. It must be noted here that investigation is not conducted by
the magistrate, however, in certain circumstances magistrate may authorize any person other than police
officer to conduct an investigation.
 Explanation to Section 2(1)(l) provides thatthe provisions of the special Act shall prevail, where any
of the provisions of a special Act are inconsistent with the provisions of this Sanhita.
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Trial
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 The term ‘trial’ has not been defined in the Sanhita. There can be no universal meaning of the term
‘trial’. It can be defined as proceeding to determine guilt or innocence of the accused.

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Trial always ends in either acquittal or conviction. The purpose of trial is to find out whether the
accused is guilty or not.
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 Supreme Court in Harchand Singh v. State of Haryana, (1974) SCR (1) 583 held that trial can be
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defined as a proceeding to determine guilt or innocence of the accused. Trial ends in either acquittal or
conviction.
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Judicial Proceedings [Section 2(1)(m)]

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 “Judicial Proceedings” includes any proceeding in the course of which evidence is or may be legally
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taken on oath.
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Offence [Section 2(1)(q)]
 An “offence” means :
(a) any act or omission made punishable by any law for the time being in force and,
(b) any act in respect of which a complaint may be made under Section 20 of the Cattle Tresspass Act,
1871.
Police report [Section 2(1)(t)]
 It means a report forwarded by a Police-officer to a Magistrate under Section 193(3) of the Sanhita.
 If it discloses the commission of offence, it is known as ‘chargesheet’ or ‘challan’. If it does not disclose
the commission of offence, it is known as ‘final report’ or ‘closure report’.

Warrant case[Section 2(1)(z)] & Summons case [Section 2(1)(x)]
 Warrant case: Warrant case means a case relating to an offence punishable with death, imprisonment
for life or imprisonment for a term exceeding two years.
 Summons case : It means a case relating to an offence which is not a warrant case.
 The classification is useful for determination of type of trial procedure. The procedure in trial of
summons case is different from that of warrant case. The classification is based on the seriousness of
the offence.
Victim [Section 2(1)(y)]
 Victims means a person who has suffered any loss or injury caused by reason of the act or omission for
which the accused person has been charged. The expression “victim” also includes his or her guardian
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or legal heir.
 Section 2(2) of the Sanhita provides that the meaning of the words & expressions used in this Sanhita
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and not defined but defined in the Information & Technology Act, 2000 and Bharatiya NyayaSanhita,

2023 are applicable to this Sanhita. Pr
In Jagjeet Singh and Ors. v. Ashish Mishra @ Monu and Anr, (2022) 9 SCC 321 Supreme Court
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held that victim has a legally vested right to be heard at every step post the occurrence of an offence
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including the stage of hearing of bail application of accused. Such a ‘victim’ has unbridled participatory
rights from the stage of investigation till the culmination of the proceedings in an appeal or revision.
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CHANGES INTRODUCED
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 In Section 2(1) of BNSS, 2023 certain new terms have been added in definition clause such as–
 Audio video electronic means [Section 2(1)(a)]
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 Bail [Section 2(1)(b)]

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 Bail bond [Section 2(1)(d)]

 Electronic communication[Section 2(1)(i)]
 Section 2(1)(l) of BNSS, 2023 corresponds to Section 2(h) of CrPCIn BNSS, 2023, a new
Explanation has been added to the definition of ‘investigation’and such Explanation states that
if the provisions of any Special Act is inconsistent with the provisions of BNSS, regarding
investigation, then the provisions of such Special Act shall apply.
 Section 2(2) of BNSS, 2023 corresponds to Section 2(y) of CrPC. In Section 2(y) of CrPC,
only IPC was mentioned but now Section 2(2) of BNSS provides for both Bharatiya Nyaya
Sanhita, 2023 and Information Technology Act, 2000.

Applicability of the Sanhita
 According to Section 4 of the Sanhita, generally BNSS is applicable in respect of investigation, inquiry
or trial of offences punishable under Bharatiya Nyaya Sanhita (BNS).
Offences under Investigation

Section 4(1) Bharatiya Nayaya Inquiry in accordance with BNSS
Sanhita
Trial
General Rule
Investigation in accordance
Offences under
Section 4(2) Inquiry with BNSS
any other law
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Trial Exception
Subject to any other
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enactment regulating
manner, place of
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trial etc.
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 Section 4(2) further lays down that offences under any other law shall also be investigated, inquired
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and tried according to the procedure in the Sanhita. But if there is any enactment which regulates the
manner, place of investigation, inquiry or trial of the offences the procedure prescribed in that enact-
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ment will be followed.

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 Section 5 lays down that in absence of any specific provision in the Sanhita, the provisions of any
special or local law, special jurisdiction or power conferred or special form of procedure shall not be
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affected.
 Thus, a conjoint reading of both sections clearly provides that for offences punishable under BNS
procedure prescribed in BNSS shall be applicable but if there is any special or local law, special proce-
dure or power conferred by any other law, such law, procedure or power shall be applicable.
 Supreme Court in Extra-Judicial Execution Victim Famlies Assn. v. Union of India, (2016) 14
SCC 536 held that other enactments which prescribe the procedure would not be affected by the CrPC
(now BNSS) if such statute specifically provides for the applicable procedure which derogates from the
Code.
 The BNSS does not apply to contempt of court proceedings as contempt of court is not an offence
within Section 4(2).

CRIMINAL COURTS: CLASSES, CONSTITUTION & OFFICES

[Chapter II, Sections 6-20]
Classes of Criminal Courts [Section 6]
 Section 6 provides for the classes of criminal courts. According to Section 6 following shall be the
classes of criminal courts –
High Court (and other courts under other laws)
Courts constituted under any law
Courts of Session
Classes of Criminal Courts
Judicial Magistrates of first class
Judicial Magistrates of second class
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Executive Magistrates
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CHANGES INTRODUCED Pr
 Concept of ‘Metropolitan Area’ and ‘Metropolitan Magistrates’, which were earlier provided in
CrPC, has now been abolished in BNSS, 2023.
k
oo
Territorial Divisions
 Section 7 provides that every State shall be a sessions division or shall consist of sessions divisions.
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 Every sessions divisions shall, for the purpose of this Sanhita, be a district or consist of district.
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 Power of alteration: State Government with consultation of High Court may alter the limits or
number of divisions and districts.
m
Sa
Court of Session, Sessions Judge and Additional Sessions Judge
 Section 8 deals with the power of State Government to establish Court of Session & the power of
High court to appoint Judges.
 Sessions Judges & Additional Sessions Judges are appointed by High Court under Section 8(2).
 Place of sitting:Section 8(6) lays down that the Court of Sessions shall ordinarily hold its sitting at
such place or places as the High Court may specify. In certain circumstances the court may also hold its
sitting in any other place in sessions division with the consent of prosecution and the accused.
 Section 8(7) provides that Sessions Judge may make rules as to the distribution of business among
such Additional Sessions Judge.

Courts of Judicial Magistrates
 Section 9 provides for establishment of Court of Judicial Magistrate of first class or of second class
in every district by the State Government after consultation with High Court. The Magistrates of such
courts shall be appointed by High Court.
 It further provides that the High Court may confer the powers of Judicial Magistrate first class or of
second class to any member of judicial service functioning as Judge in a Civil Court. [Section 9(3)]
Chief Judicial Magistrate and Additional Chief Judicial Magistrate
 Section 10 provides that in every district the High Court shall appoint a Judicial Magistrate of first class
to be the Chief Judicial Magistrate. The High Court may also appoint Judicial Magistrate to be Addi-
tional Chief Judicial Magistrate.
 Additional Chief Judicial Magistrate shall have all or any of the powers of Chief Judicial Magistrate.
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[Section 10(2)]
 The High Court may also designate any Judicial Magistrate of first class to be Sub-divisional Judicial
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Magistrates. [Section 10(3)]
Special Judicial Magistrate

Pr
Section 11 provides for the appointment of Special Judicial Magistrate by the High Court on request
of the Central or State Government in respect to particular case or particular classes of cases.
k
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 Qualification: Any person who hold or has held any post under the government may be appointed as
Special Judicial Magistrate if he possesses such qualification or experience in relation to legal affairs as
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specified by the High Court.

 Term of appointment: Special Judicial Magistrate may be appointed for a term not exceeding one
year at a time.
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Local jurisdiction of Judicial Magistrates and Special Judicial Magistrates

m
 Section 12 lays down that subject to the control of High Court, the Chief Judicial Magistrate may,
Sa
from time to time, define the local limits of the areas within which the Magistrates appointed under
Section 9 or Section 11 may exercise powers.
Subordination of Judicial Magistrates
 Section 13 provides that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge.
Every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordi-
nate to the Chief Judicial Magistrate.
Executive Magistrates
 Sections 14-17 provide for provisions of appointment, jurisdiction and subordination of Executive
Magistrates.

 Section 14 provides that in every district the State Government may appoint as many persons as it
thinks fit to be Executive Magistrates and shall appoint one of them to be District Magistrate.
 Section 15 provides that the State Government may appoint Executive Magistrates or any police
officer not below the rank of Superintendent of Police or equivalent, to be known as Special
Executive Magistrates and confer on such Special Executive Magistrates such of the powers as are
conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
CHANGES INTRODUCED
 Section 15 of BNSS, 2023 corresponds to Section 21 of CrPC. Earlier, in CrPC, only Execu-
tive Magistrates could be appointed as Special Executive Magistrates but now in BNSS, apart
from Executive Magistrate, any police officer not below the rank of Superintendent of
Police and equivalent, can also be appointed as Special Executive Magistrates.
Public Prosecutors, Assistant Public Prosecutors and Directorate of Prosecution
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Prosecutor Court Qualification Appointing Other Details
Authority
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1. Public High Court Advocate in State Government Appointment to be made after
Prosecutor practice for or Central consultation with High Court.
[Section 18(1)] seven years
or more
Pr
Government
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2. Public High Court Advocate Central Appointment to be made
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Prosecutor in practice Government after consultation with

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Or Additional for seven years High Court of Delhi

Public Prosecutor or more
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for
NCT of Delhi
m
[Proviso to
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Section 18(1)]
3. Additional High Court Advocate in State Government Appointment to be made after
Public practice for or Central consultation with High Court.
Prosecutor seven years Government
[Section 18(1)] or more
4. Public Sessions Advocate in State Government The advocate must be on the
Prosecutor for Court practice for or Central panel prepared by the
District seven years Government District Magistrate in Consul-
[Section 18(3)] or more tation with the Session Judge.
In case of appointment by a State
in which regular cadre of prose-

cuting officer exists, the appoint-

ment shall normally be made from
among persons constituting the
cadre.
5. Additional Sessions Advocate in State Government The advocate must be one of the
Public Court practice for or Central advocates on the panel prepared by
Prosecutor for seven years Government District Magistrate in Consul-
District or more tation with the Session Judge.
[Section 18(3)] In case of appointment by a State
in which regular cadre of prose-
cuting officer exists, the appoint-
ment shall normally be made from
among persons constituting the
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cadre.
6. Special Public Any Court Advocate in State Government Appointment is to be made for
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Prosecutor/s practice for 10 or Central the purposes of any case or class
[Section 18(8)] years or more Government of cases.
7. Assistant
Public
Courts of
Magistrates
Any person
other than a
Pr
State Government
or Central
For the purpose of any particular
Assistant Public Prosecutor is not
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Prosecutor/s police officer Government available, the District Magistrate
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[Section 19] may appoint any other person to

be the Assistant Public Prosecutor
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for that case. Such other person

may be a police officer if (a) he has
not taken part in the investigation
pl
of that offence, and (b) he is not

m
below the rank of Inspector.

Sa
 Section 19(3) provides that where no Assistant Public Prosecutor is available for the purposes of any
particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecu-
tor in charge of that case after giving notice of fourteen days to the State Government.
CHANGES INTRODUCED
 Section 18 of BNSS, 2023 corresponds to Section 24 of CrPC. A new Proviso has been
added to Section 18(1) which provides that the appointment of Public Prosecutor and Assis-
tant Public Prosecutor for National Capital of Delhi shall be made by the Central Government
after consultation with the High Court of Delhi.
 Explanation (b) to Section 18(6) of BNSS, 2023 now include Special Public Prosecutor also
in the definition of term ‘Public Prosecutor’.

 Section 19 of BNSS, 2023 corresponds to Section 25 of CrPC. Section 19(3) of BNSS, 2023
now provides that if no Assistant Public Prosecutor is available, the District Magistrate may
appoint any other person to be the Assistant Public Prosecutor in charge of the particular case,
only after giving fourteen days’ notice to the State Government.
Directorate of Prosecution [Section 20]
 Section 20 provides for the establishment of Directorate of Prosecution by State Government in

State and every district.
 Directorate of Prosecution in State shall consist of a Director of Prosecution and as many as
Deputy Directors of Prosecution as the State Government may think fit.[Section 20(1)(a)]
 Directorate of Prosecution in district shall consist of as many as Deputy Directors and Assistant
Directors of Prosecution as the State Government may think fit. [Section 20(1)(b)]
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 Qualification:
1. For Director and Deputy Director - Advocate in practice for not less than 15 years or is or has
ev
been a Sessions Judge.
2. For Assistant Director – Advocate in practice for not less than seven years or has been a
Magistrate of the first class. [Section 20(2)] Pr
 Directorate of Prosecution shall be headed by the Director of Prosecution and shall function under the
k
administrative control of the Head of Home Department in the State. [Section 20(3)]
oo
 In Jayaben v. Tejas Kanubhai Zala, (2022) 3 SCC 230 Supreme Court observed that the post of
Director of Prosecution is a very important post in so far as the administration of justice in criminal
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matters is concerned. It is the duty of the Director of Prosecution to take prompt decision. Given that
crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in
pl
the administration of justice is crucial.

m
 Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate

to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate
Sa
to the Deputy Director of Prosecution.[Section 20(4)]

 Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor to conduct cases
in the High Court shall be subordinate to the Director of Prosecution.[Section 20(5)]
 Every Public Prosecutor, Additional Public Prosecutor, Special Public Prosecutorand every Assistant
Public Prosecutor to conduct cases in the District Court shall be subordinate to the Deputy Director or
Assistant Director of Prosecution. [Section 20(6)]
 Powers & Functions:
1. Director of Prosecution- to monitor cases in which offences are punishable for ten years or
more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion
on filing of appeals.[Section 20(7)]

2. Deputy Director of Prosecution-to examine and scrutinise police report and monitor the
cases in which offences are punishable for seven years or more, but less than ten years, for
ensuring their expeditious disposal. [Section 20(8)]
3. Assistant Director of Prosecution - to monitor cases in which offences are punishable for
less than seven years. [Section 20(9)]
However, the Director, Deputy Director or Assistant Director of Prosecution shall have
the power to deal with and be responsible for all proceedings under this Sanhita. [Section
20(10)]
 Provisions of this section shall not apply to the Advocate General for the State while performing the
functions of a public prosecutor. [Section 20(12)]
CHANGES INTRODUCED
iew
 Section 20 of BNSS, 2023 corresponds to Section 25A of CrPC.
 Earlier Section 25A of CrPC provided only for the establishment of Directorate of Prosecu-
tion but now Section 20 of BNSS, 2023 states specifically that Directorate of Prosecution shall
ev
be established both in the State and in every district.
 Pr
Section 20(1)(b) of BNSS, 2023 now provides for establishment of Directorate of Prosecu-
tion in every district consisting of as many Deputy Directors and Assistant Directors of Pros-
k
ecution, as State Government thinks fit. New post of Assistant Director of Prosecution has
oo
been created.
 Eligibility criteria provided in Section 25A(2) of CrPC for appointment of Director and
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Deputy Director of Prosecution has been changedin Section 20(2)(a) of BNSS, 2023. Now,
any person who has been in practice as an advocate for not less than 15 years can be appointed
pl
as Director and Deputy Director of Prosecution. Earlier, in CrPC, it was ten years. Also, the
m
requirement of concurrence of Chief Justice of High Court in their appointment has been
removed.
Sa
 Section 20(1)(b) of BNSS, 2023 provides for the eligibility criteria of Assistant Director of
Prosecution. It provides that a person shall be eligible for the appointment of said post if he
has been in practice as an advocate for not less than seven years or has been a Magis-
trate of the first class.
 Section 20(4) of BNSS, 2023 now also provides that every Assistant Director of Prosecu-
tion shall be subordinate to Director and Deputy Director of Prosecution.
 Section 20(6) of BNSS, 2023 now provides that every Public Prosecutor, or Additional and
Special Public Prosecutor conducting cases in District Court shall be subordinate to Deputy
Director as well as Assistant Director of Prosecution. Earlier in CrPC, they were subordi-
nate to Deputy Director only.

 Section 25A(7) of CrPC did not clearly specified the functions of Director and Deputy Direc-
tor of Prosecution. Section 20(7), (8), (9) & (10) of BNSS, 2023 now clearly specifies the
role of Director, Deputy Director and Assistant Director of Prosecution.(Discussed above)
Hierarchy of Criminal Courts
Supreme Court
High Court
Sessions Court
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Chief Judicial Magistrate
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or Additional Chief Judicial
Magistrate
Pr
Sub-divisional Judicial Magistrate
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Judicial Magistrate Judicial Magistrate

or Special Judicial Magistrate or Special Judicial Magistrate
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of first class of Second Class

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Territorial Divisions [Sections 1(2), 7]

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India
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States
Session Divisions
Districts
Sub-divisions

POWER OF COURTS
[Chapter III, Sections 21-29]
Trial Courts
 Section 21 lays down courts by which offences are triable. It lays down that subject to other provisions
of this Sanhita, any offence under Bharatiya Nyaya Sanhita may be tried by:-
(i) High Court
(ii) Court of Session
(iii) Any Court by which such offence is shown in the First Schedule to be triable
 It also provides that any offence under Section 64, 65, 66, 67, 68, 69, 70 or 71 of Bharatiya NyayaSanhita
shall be tried as far as practicable by a Court presided over by a women.
iew
 Section 21(b) provides for offences other than those mentioned in Bharatiya NyayaSanhita. It pro-
vides that such offences will be tried by the Court mentioned in that law or if no court is mentioned
then they may be tried by-
ev
(i) High Court

Pr
(ii) Any other Court by which offence is shown in the First Schedule to be triable
Section 520 provides that if an offence is tried by High Court otherwise than under Section 447 it shall
k
observe the procedure adopted by Court of Sessions.
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 Supreme Court in Kaushik Chaterjee v. State of Haryana, (2020) 10 SCC 92 held that in case of
trial of offence under special law, the offences shall be tried by the court specifically mentioned in the
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special law. If the special law is silent about the court, then such offence can be tried either by the High
Court or by any other court by which such offence is shown in the First Schedule of CrPC (now BNSS).
pl
CHANGES INTRODUCED
m
 Courts of Metropolitan Magistrate and Assistant Sessions Judge has been abolished.
Sa
Sentence which may be passed by Criminal Courts [Sections 22 and 23]

Sl. Court Power
1. Supreme Court Any sentence authorised by law
2. High Court [Section 22(1)] Any sentence authorised by law
3. Session Court [Section 22(2)] Any sentence authorised by law; sentence of death
* Session Judge is subject to confirmation by High Court
* Additional Sessions Judge
4. Chief Judicial Magistrate Imprisonment up to 7 years or/and fine
or Additional Chief Judicial or/and community service
Magistrate [Section 23(1)]

5. Sub-divisional Judicial Magistrate Imprisonment up to 3 years or/and fine up to

Rs. 50,000 or/and community service
6. Judicial Magistrate or Special Imprisonment up to 3 years or/and fine up to
Judicial Magistrate of first class Rs. 50,000 or/and community service
[Section 23(2)]
7. Judicial Magistrate or Special Imprisonment up to 1 year or/and fine up to
Judicial Magistrate of Second class Rs. 10,000 or/and community service
[Section 23(3)]
 Explanation to Section 23 states that “Community service” shall mean the work which the
Court may order a convict to perform as a form of punishment that benefits the community,
for which he shall not be entitled to any remuneration.
iew
CHANGES INTRODUCED
 Section 23 of BNSS, 2023 corresponds to Section 29 of CrPC. The amount of fine that can
ev
be imposed by Judicial Magistrate First Class and Second Class has been increased.
Pr
 Section 23(3) of BNSS, 2023 now provides that Judicial Magistrate of First Class can now
impose fine up to Rs. 50000. Earlier, in CrPC, it was Rs. 10000.
k
 Section 23(4) of BNSS, 2023 now provides that Judicial Magistrate of Second Class can
oo
now impose fine up to Rs. 10000. Earlier, in CrPC, it was Rs. 5000.
 New punishment in form of Community Service has been introduced. Explanation to
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Section 23(3) provide the meaning of community service. (Discussed Above)
Sentence of imprisonment in default of payment of fine

pl
 Section 24 provides that the Court of Magistrate may award such term of imprisonment in default of
m
payment of fine as is authorized by law. This section only confers the power to the Court to impose
Sa
imprisonment in default of payment of fine.

 Imprisonment awarded under this provision may be in addition to substantive sentence of imprison-
ment for the maximum term awardable by the Magistrate under Section 23.[Section 24(2)]
 Sections 24 of Bharatiya Nyaya Sanhita provide for law relating to imprisonment in default of fine.
 Section 24 provides two limitations:-
(i) Such imprisonment shall not be in excess of the powers of the Magistrate under Section 23.[Sec-
tion 24 Proviso (a)]
(ii) If the imprisonment has been awarded as a part of substantive sentence, then the imprisonment
for default of payment of fine shall not exceed one-fourth of the term of imprisonment which
the magistrate is competent to inflict as punishment for the offence.[Section 24 Proviso (b)]

Sentences in case of several offences
 It is often seen that the accused is punished for the more offences than one. In such circumstances
Section 25 provides that the Court shall, considering the gravity of offences, order such punish-
ments to run concurrently or consecutively.
 Section 25(2) provides that in the case of consecutive sentences, it shall not be necessary for the Court
by reason only of the aggregate punishment for the several offences being in excess of the punishment
which it is competent to inflict on conviction of a single offence, to send the offender for trial before
a higher Court.
 Supreme Court in Sharad Hiru Kolambe v. State of Maharashtra, (2018) 18 SCC 718 held that
default sentence must be in excess to or in addition to the substantive sentence. Concurrent running of
default sentence inter se or with substantive sentence is not permissible.
 In Gagan Kumar v. State of Punjab (2019), Supreme Court held that it is a mandatory legal require-
iew
ment to specify whether sentences awarded to an accused convicted for two or more offences, would
run concurrently or consecutively.
 If the court awards consecutive sentences, then Proviso to Section 25(2) provides two limitations-
ev
(i) Person shall not be sentenced to imprisonment for a period longer than 20 years.
Pr
(ii) The aggregate punishment shall not exceed twice the amount of punishment which the court is
competent to inflict for a single offence.
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 In Sunil Kumar v. State of U.P., (2021) 5 SCC 560 Supreme Court held thatit is beyond shadow of
oo
doubt that Section 31(1) of the CrPC (now Section 25(1) of BNSS) vests complete discretion with the
court to order sentences for two or more offences at one trial to run concurrently having regard to
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nature of offences and surrounding factors. There cannot be any straightjacket approach in manner of
exercise of such discretion.
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 In Malkeet Singh Gill v. State of Chhattisgarh, (2022) 8 SCC 204 Supreme Court held that the
Trial Court as well as Appellate Court has full discretion to order the sentences to run concurrently in
m
case of conviction for two or more offences in consonance with the provisions of Section 31 of
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CrPC (now Section 25 of BNSS).

 For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed
against him under this section shall be deemed to be a single sentence. [Section 25(3)]
CHANGES INTRODUCED
 Section 25 of BNSS, 2023 corresponds to Section 31 of BNSS. Section 25(1) of BNSS,
2023 now imposes a duty upon the Court to ascertain whether the sentences shall run consecu-
tively or concurrently, on the basis of gravity of offence. Earlier in CrPC, it was provided
that if the Court has not specifically mentioned the sentences to run concurrently then it would
run consecutively only.
 Also, in case of consecutive sentence, in Proviso (a) to Section 25(2), the maximum sentence
of imprisonment has been increased from fourteen years to twenty years

COMPARATIVE TABLE OF SECTIONS OF BHARATIYA NAGRIK SURAKSHA SANHITA, 2023 &
CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, CODE OF CRIMINAL PROCEDURE,

2023 1973
SECTION PROVISION SECTION PROVISION
1 Short title, extent and commencement 1 Short title, extent and commencement
2 Definitions 2 Definitions
2(1)(a) “audio-video electronic” (New) - -
2(1)(b) “bail” (New) - -
2(1)(c) “bailable offence” 2(a) “bailable offence”
2(1)(d) “bail bond” (New) - -
2(1)(e) “bond” (New) - -
2(1)(f) “charge” 2(b) “charge”
2(1)(g) “cognizable offence” 2(c) “cognizable offence”
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2(1)(h) “complaint” 2(d) “complaint”
2(1)(i) “electronic communication” (New) - -
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2(1)(j) “High Court” 2(e) “High Court”
2(1)(k) “inquiry” 2(g) “inquiry”
2(1)(l)
2(1)(m)
“investigation”
“judicial proceeding”
Pr 2(h)
2(i)
“investigation”
“judicial proceeding”
k
2(1)(n) “local jurisdiction” 2(j) “local jurisdiction”
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2(1)(o) “non-cognizable offence” 2(l) “non-cognizable offence”

2(1)(p) “notification” 2(m) “notification”
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2(1)(q) “offence” 2(n) “offence”

2(1)(r) “officer in charge of police station” 2(o) “officer in charge of police station”
2(1)(s) “Place” 2(p) “Place”
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2(1)(t) “Police report” 2(r) “Police report”

2(1)(u) “Police station” 2(s) “Police station”
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2(1)(v) “Public prosecution” 2(u) “Public prosecution”

Sa
2(1)(w) “sub-division” 2(v) “sub-division”

2(1)(x) “summons-case” 2(w) “summons-case”
2(1)(y) “victim” 2(wa) “victim”
2(1)(z) “warrant-case” 2(x) “warrant-case”
2(2) Words and expressions not defined 2(y) Words and expressions not defined
3 Construction of references 3 Construction of references
4 Trial of offences under Bharatiya Nyaya 4 Trial of offences under Indian Penal
Sanhita, 2023 and other laws Code, 1860 and other laws
5 Saving 5 Saving
6 Classes of Criminal Courts 6 Classes of Criminal Courts
7 Territorial divisions 7 Territorial divisions
8 Courts of Session 9 Courts of Session
9 Courts of Judicial Magistrates 11 Courts of Judicial Magistrates

Comparative Table of Sections of Bharatiya Nagrik Suraksha Sanhita, 2023 & Code of Criminal Procedure, 1973

2023 1973
10 Chief Judicial Magistrate and Additional 12 Chief Judicial Magistrate and Additional
Chief Judicial Magistrate, etc. Chief Judicial Magistrate, etc.
11 Special Judicial Magistrates 13 Special Judicial Magistrates
12 Local jurisdiction of Judicial Magistrates 14 Local jurisdiction of Judicial Magistrates
13 Subordination of Judicial Magistrates 15 Subordination of Judicial Magistrates
14 Executive Magistrates 20 Executive Magistrates
15 Special Executive Magistrates 21 Special Executive Magistrates
16 Local Jurisdiction of Executive 22 Local Jurisdiction of Executive
Magistrates Magistrates
17 Subordination of Executive Magistrates 23 Subordination of Executive Magistrates
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18 Public Prosecutors 24 Public Prosecutors
19 Assistant Public Prosecutors 25 Assistant Public Prosecutors
20 Directorate of Prosecution 25A Directorate of Prosecution
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21 Courts by which offences are triable 26 Courts by which offences are triable
22 Sentences which High Courts and 28 Sentences which High Courts and
23
Sessions Judges may pass
Sentence which Magistrates may pass
Pr 29
Sessions Judges may pass
Sentence which Magistrates may pass
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24 Sentence of imprisonment of default of 30 Sentence of imprisonment of default of
fine fine
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25 Sentence in case of conviction of several 31 Sentence in case of conviction of several

offence at one trial offence at one trial
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26 Mode of conferring 32 Mode of conferring

27 Powers of officers appointed 33 Powers of officers appointed
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28 Withdrawal of powers 34 Withdrawal of powers

29 Powers of Judges and Magistrates 35 Powers of Judges and Magistrates
m
exercisable by their successors-in-office exercisable by their successors-in-office

30 Powers of superior officer of police 36 Powers of superior officer of police
Sa
31 Public when to assist Magistrates and 37 Public when to assist Magistrates and
police police
32 Aid to person, other than police officer, 38 Aid to person, other than police officer,
executing warrant executing warrant
33 Public to give information of certain 39 Public to give information of certain
offences offences
34 Duty of officers employed in connection 40 Duty of officers employed in connection
with affairs of a village to make certain with affairs of a village to make certain
report report
35(1)/(2) When police may arrest without warrant 41 When police may arrest without warrant
35(3) to (6) When police may arrest without warrant 41A Notice of appearance before police
– notice of appearance officer
35(7) When police may arrest without - -
warrant (New) – prior permission


2023 1973
36 Procedure of arrest and duties of officer 41B Procedure of arrest and duties of officer
making arrest making arrest
37 Designated Police officer 41C Designated Police officer
38 Right of arrested person to meet an 42 Right of arrested person to meet an
advocate of his choice during advocate of his choice during
interrogation interrogation
39 Arrest on refusal to give name and 43 Arrest on refusal to give name and
residence residence
40 Arrest by private person and procedure 43 Arrest by private person and procedure
on such arrest on such arrest
41 Arrest by Magistrate 44 Arrest by Magistrate
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42 Protection of members of Armed Forces 45 Protection of members of Armed Forces
from arrest from arrest
43 Arrest how made 46 Arrest how made
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44 Search of place entered by person sought 47 Search of place entered by person sought
to be arrested to be arrested
45 Pursuit of
jurisdictions
offenders into other
Pr 48 Pursuit of
jurisdictions
offenders into other
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46 No unnecessary restraint 49 No unnecessary restraint
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47 Person arrested to be informed of 50 Person arrested to be informed of

grounds of arrest and of right to bail grounds of arrest and of right to bail
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48 Obligation of person making arrest to Obligation of person making arrest to

inform about arrest, etc., to relative or inform about arrest, etc., to relative or
friend friend
pl
49 Search of arrested person 51 Search of arrested person

50 Power to seize offensive weapons 52 Power to seize offensive weapons
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51 Examination of accused by medical 53 Examination of accused by medical

practitioner at request of police officer practitioner at request of police officer
Sa
52 Examination of person accused of rape 53A Examination of person accused of rape

by medical practitioner by medical practitioner
53 Examination of arrested person by 54 Examination of arrested person by
medical officer medical officer
54 Identification of person arrested 54A Identification of person arrested
55 Procedure when police officer deputes 55 Procedure when police officer deputes
subordinate to arrest without warrant subordinate to arrest without warrant
56 Health and safety of arrested person 55A Health and safety of arrested person
57 Person arrested to be taken before 56 Person arrested to be taken before
Magistrate or officer in charge of police Magistrate or officer in charge of police
station station
58 Person arrested not to be detained more 57 Person arrested not to be detained more
than twenty-four hours than twenty-four hours
59 Police to report apprehensions 58 Police to report apprehensions


2023 1973
60 Discharge of person apprehended 59 Discharge of person apprehended
61 Power, on escape, to pursue and retake 60 Power, on escape, to pursue and retake
62 Arrest to be made strictly according to 60A Arrest to be made strictly according to
Sanhita Sanhita
63 Form of summons 61 Form of summons
64 Summons how served 62 Summons how served
65 Service of summons on corporate 63 Service of summons on corporate
bodies, firms, and societies bodies, firms, and societies
66 Service when persons summoned cannot 64 Service when persons summoned cannot
be found be found
67 Procedure when service cannot be 65 Procedure when service cannot be
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effected as before provided effected as before provided
68 Service on Government servant 66 Service on Government servant
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69 Service of summons outside local limits 67 Service of summons outside local limits
70 Proof of service in such cases and when 68 Proof of service in such cases and when
71
serving officer not present
Proof of service in such cases and when
Pr 69
serving officer not present
Proof of service in such cases and when
serving officer not present serving officer not present
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72 Forms of warrant of arrest and duration 70 Forms of warrant of arrest and duration
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73 Powers to direct security to be taken 71 Powers to direct security to be taken

74 Warrants to whom directed 72 Warrants to whom directed
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75 Warrants may be directed to any person 73 Warrants may be directed to any person
76 Warrant directed to police officer 74 Warrant directed to police officer
77 Notification of substance of warrant 75 Notification of substance of warrant
pl
78 Person arrested to be brought before 76 Person arrested to be brought before

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Court without delay Court without delay

79 Where warrant may be executed 77 Where warrant may be executed
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80 Warrant forwarded for execution outside 78 Warrant forwarded for execution outside
jurisdiction jurisdiction
81 Warrant directed to police officer for 79 Warrant directed to police officer for
execution outside jurisdiction execution outside jurisdiction
82 Procedure on arrest of person against 80 Procedure on arrest of person against
whom warrant issued whom warrant issued
83 Procedure by Magistrate before whom 81 Procedure by Magistrate before whom
such person arrested is brought such person arrested is brought
84 Proclamation for person absconding 82 Proclamation for person absconding
85 Attachment of property of person 83 Attachment of property of person
absconding absconding
86 Identification and attachment of - -
property of proclaimed person (New)
87 Claims and objections to attachment 84 Claims and objections to attachment


2023 1973
88 Release, sale and restoration of attached 85 Release, sale and restoration of attached
property property
89 Appeal from order rejecting application 86 Appeal from order rejecting application
for restoration of attached property for restoration of attached property
90 Issue of warrant in lieu of, or in addition 87 Issue of warrant in lieu of, or in addition
to, summons to, summons
91 Power to take bond or bail bond for 88 Power to take bond or bail bond for
appearance appearance
92 Arrest on breach of bond or bail bond 89 Arrest on breach of bond or bail bond
for appearance for appearance
93 Provisions of this chapter generally 90 Provisions of this chapter generally
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applicable to summons and warrants of applicable to summons and warrants of
arrest arrest
94 Summons to produce document or other 91 Summons to produce document or other
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thing thing
95 Procedure as to letters 92 Procedure as to letters
96
97
When search-warrant may be issued
Search of place suspected to contain
Pr 93
94
When search-warrant may be issued
Search of place suspected to contain
stolen property, forged documents, etc. stolen property, forged documents, etc.
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98 Power to declare certain publications 95 Power to declare certain publications
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forfeited and to issue search-warrants for forfeited and to issue search-warrants for
same same
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99 Application to High Court to set aside 96 Application to High Court to set aside
declaration of forfeiture declaration of forfeiture
100 Search for persons wrongfully confined 97 Search for persons wrongfully confined
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101 Power to compel restoration of abducted 98 Power to compel restoration of abducted

females females
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102 Direction, etc., of search-warrants 99 Direction, etc., of search-warrants

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103 Persons in charge of closed place to 100 Persons in charge of closed place to
allow search allow search
104 Disposal of things found in search 101 Disposal of things found in search
beyond jurisdiction beyond jurisdiction
105 Recording of search and seizure - -
through audio-video electronic
means (New)
106 Power of police officer to seize certain 102 Power of police officer to seize certain
property property
107 Attachment, forfeiture or restoration - -
of property (New)
108 Magistrate may direct search in his 103 Magistrate may direct search in his
presence presence
109 Power to impound document, etc., 104 Power to impound document, etc.,
produced produced

COMPARATIVE TABLE OF SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973 &
BHARATIYA NAGRIK SURAKSHA SANHITA, 2023
CODE OF CRIMINAL PROCEDURE, BHARATIYA NAGARIK SURAKSHA SANHITA,

1973 2023
1 Short title, extent and commencement 1 Short title, extent and commencement
2 Definitions 2 Definitions
2(a) “bailable offence” 2(1)(c) “bailable offence”
2(b) “charge” 2(1)(f) “charge”
2(c) “cognizable offence” 2(1)(g) “cognizable offence”
2(d) “complaint” 2(1)(h) “complaint”
2(e) “High Court” 2(1)(j) “High Court”
2(f) “India” - -
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2(g) “inquiry” 2(1)(k) “inquiry”
2(h) “investigation” 2(1)( l) “investigation”
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2(i) “judicial proceeding” 2(1)(m) “judicial proceeding”
2(j) “local jurisdiction” 2(1)(n) “local jurisdiction”
2(k)
2(l)
“metropolitan area”
“non-cognizable offence”
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2(1)(o) “non-cognizable offence”
-
2(m) “notification” 2(1)(p) “notification”

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2(n) “offence” 2(1)(q) “offence”
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2(o) “officer in charge of a police station” 2(1)(r) “officer in charge of a police station”
2(p) “place” 2(1)(s) “place”
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2(q) “pleader” - -
2(r) “police report” 2(1)(t) “police report”
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2(s) “police station” 2(1)(u) “police station”

2(t) “prescribed” - -
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2(u) “Public Prosecutor” 2(1)(v) “Public Prosecutor”

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2(v) “sub-division” 2(1)(w) “sub-division”

2(w) “summons-case” 2(1)(x) “summons-case”
2(wa) “victim” 2(1)(y) “victim”
2(x) “warrant-case” 2(1)(z) “warrant-case”
2(y) Words and expressions not defined 2(2) Words and expressions not defined
3 Construction of references 3 Construction of references
4 Trial of offences under the Indian Penal 4 Trial of offences under the Bharatiya
Code Nyaya Sanhita 2023 and other laws
5 Saving 5 Saving
6 Classes of Criminal Courts 6 Classes of Criminal Courts
7 Territorial divisions 7 Territorial divisions
8 Metropolitan areas - -
9 Court of Session 8 Court of Session
Comparative Table of Sections of Code of Criminal Procedure, 1973 & Bharatiya Nagrik Suraksha Sanhita, 2023

1973 2023
10 Subordination of Assistant Sessions - -
Judges
11 Courts of Judicial Magistrates 9 Courts of Judicial Magistrates
12 Chief Judicial Magistrate and Additional 10 Chief Judicial Magistrate and Additional
Chief Judicial Magistrate, etc. Chief Judicial Magistrate, etc.
13 Special Judicial Magistrates 11 Special Judicial Magistrates
14 Local jurisdiction of Judicial Magistrates 12 Local jurisdiction of Judicial Magistrates
15 Subordination of Judicial Magistrates 13 Subordination of Judicial Magistrates
16 Courts of Metropolitan Magistrates - -
17 Chief Metropolitan Magistrate and - -
Additional Chief Metropolitan
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Magistrate
18 Special Metropolitan Magistrates - -
19 Subordination of Metropolitan - -
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Magistrates
20 Executive Magistrates 14 Executive Magistrates
21 Special Executive Magistrates
Pr 15 Special Executive Magistrates
22 Local jurisdiction of Executive 16 Local jurisdiction of Executive
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Magistrates Magistrates
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23 Subordination of Executive Magistrates 17 Subordination of Executive Magistrates

24 Public Prosecutors 18 Public Prosecutors
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25 Assistant Public Prosecutors 19 Assistant Public Prosecutors

25A Directorate of Prosecution 20 Directorate of Prosecution
26 Courts by which offences are triable 21 Courts by which offences are triable
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27 Jurisdiction in the case of juveniles -

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28 Sentences which High Courts and 22 Sentences which High Courts and
Sessions Judges may pass Sessions Judges may pass
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29 Sentences which Magistrates may pass 23 Sentences which Magistrates may pass
30 Sentences of imprisonment in default of 24 Sentences of imprisonment in default of
fine fine
31 Sentence in cases of conviction of 25 Sentence in cases of conviction of
several offence at one trial several offence at one trial
32 Mode of conferring powers 26 Mode of conferring powers
33 Powers of officers appointed 27 Powers of officers appointed
34 Withdrawal of powers 28 Withdrawal of powers
35 Powers of judges and Magistrates 29 Powers of judges and Magistrates
exercisable by their successors in office exercisable by their successors in office
36 Power of superior officers of police 30 Power of superior officers of police
37 Public when to assist Magistrates and 31 Public when to assist Magistrates and
police police
38 Aid to person, other than police officer, 32 Aid to person, other than police officer,
executing warrant executing warrant

1973 2023
39 Public to give information of certain 33 Public to give information of certain
offences offences
40 Duty of officers employed in connection 34 Duty of officers employed in connection
with the affairs of a village to make with the affairs of a village to make
certain report certain report
41 When police may arrest without warrant 35(1)/(2) When police may arrest without warrant
41A Notice of appearance before police 35(3) to Notice of appearance before police
officer 35(6) officer
41B Procedure of arrest and duties of officer 36 Procedure of arrest and duties of officer
making arrest making arrest
41C Control room at districts 37 Control room at districts
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41D Right of arrested person to meet an 38 Right of arrested person to meet an
advocate of his choice during advocate of his choice during
interrogation interrogation
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42 Arrest on refusal to give name and 39 Arrest on refusal to give name and
residence residence
43 Arrest by private person and precedure
on such arrest
Pr 40 Arrest by private person and precedure
on such arrest
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44 Arrest by Magistrate 41 Arrest by Magistrate
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45 Protection of members of the Armed 42 Protection of members of the Armed

Forces from arrest Forces from arrest
46 Arrest how made 43 Arrest how made
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47 Search of place entered by person sought 44 Search of place entered by person sought
to be arrested to be arrested
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48 Pursuit of offenders into other 45 Pursuit of offenders into other

jurisdictions jurisdictions
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49 No unnecessary restraint 46 No unnecessary restraint

50 Person arrested to be informed of 47 Person arrested to be informed of
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ground of arrest and of right to bail ground of arrest and of right to bail
50A Obligation of person making arrest to 48 Obligation of person making arrest to
inform about the arrest, etc., to a inform about the arrest, etc., to a
nominated person nominated person
51 Search of arrested person 49 Search of arrested person
52 Power to seize offensive weapons 50 Power to seize offensive weapons
53 Examination of accused by medical 51 Examination of accused by medical
practitioner at the request of police practitioner at the request of police
officer officer
53A Examination of person accused of rape 52 Examination of person accused of rape
by medical practitioner by medical practitioner
54 Examination of arrested person by 53 Examination of arrested person by
medical officer medical officer
54A Identification of person arrested 54 Identification of person arrested


1973 2023
55 Procedure when police officer deputes 55 Procedure when police officer deputes
subordinate to arrest without warrant subordinate to arrest without warrant
55A Health and safety of arrested person 56 Health and safety of arrested person
56 Person arrested to be taken before 57 Person arrested to be taken before
Magistrate or officer in charge of police Magistrate or officer in charge of police
station station
57 Person arrested not to be detained more 58 Person arrested not to be detained more
than twenty-four hours than twenty-four hours
58 Police to report apprehensions 59 Police to report apprehensions
59 Discharge of person apprehended 60 Discharge of person apprehended
60 Power, on escape, to pursue and retake 61 Power, on escape, to pursue and retake
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60A Arrest to be made strictly according to 62 Arrest to be made strictly according to
the Code the Code
61 Form of summons 63 Form of summons
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62 Summons how served 64 Summons how served
63 Service of summons on corporate bodies
and societies
Pr 65 Service of summons on corporate bodies
and societies
64 Service when persons summoned cannot 66 Service when persons summoned cannot
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be found be found
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65 Procedure when service cannot be 67 Procedure when service cannot be

effected as before provided effected as before provided
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66 Service on Government servant 68 Service on Government servant

67 Service of summons outside local limits 69 Service of summons outside local limits
68 Proof of service in such cases and when 70 Proof of service in such cases and when
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serving officer not present serving officer not present

69 Service of summons on witness by post 71 Service of summons on witness by post
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70 Form of warrant of arrest and duration 72 Form of warrant of arrest and duration
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71 Power to direct security to be taken 73 Power to direct security to be taken

72 Warrants to whom directed 74 Warrants to whom directed
73 Warrant may be directed to any person 75 Warrant may be directed to any person
74 Warrant directed to police officer 76 Warrant directed to police officer
75 Notification of substance of warrant 77 Notification of substance of warrant
76 Person arrested to be brought before 78 Person arrested to be brought before
Court without delay Court without delay
77 Where warrant may be executed 79 Where warrant may be executed
78 Warrant forwarded for execution outside 80 Warrant forwarded for execution outside
jurisdiction jurisdiction
79 Warrant directed to police officer for 81 Warrant directed to police officer for
execution outside jurisdiction execution outside jurisdiction
80 Procedure on arrest of person against 82 Procedure on arrest of person against
whom warrant issued whom warrant issued


1973 2023
81 Procedure by Magistrate before whom 83 Procedure by Magistrate before whom
such person arrested is brought such person arrested is brought
82 Proclamation for person absconding 84 Proclamation for person absconding
83 Attachment of property of person 85 Attachment of property of person
absconding absconding
84 Claims and objections to attachment 87 Claims and objections to attachment
85 Release, sale and restoration of attached 88 Release, sale and restoration of attached
property property
86 Appeal from order rejecting application 89 Appeal from order rejecting application
for restoration of attached property for restoration of attached property
87 Issue of warrant in lieu of, or in addition 90 Issue of warrant in lieu of, or in addition
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to, summons to, summons
88 Power to take bond for appearance 91 Power to take bond for appearance
89 Arrest on breach of bond for appearance 92 Arrest on breach of bond for appearance
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90 Provisions of this chapter generally 93 Provisions of this chapter generally
applicable to summonses and warrants applicable to summonses and warrants
91
of arrest
Summons to produce document or other
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of arrest
Summons to produce document or other
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thing thing
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92 Procedure as to letters and telegrams 95 Procedure as to letters

93 When search warrant may be issued 96 When search warrant may be issued
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94 Search of place suspected to contain 97 Search of place suspected to contain

stolen property, forged documents, etc. stolen property, forged documents, etc.
95 Power to declare certain publication 98 Power to declare certain publication
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forfeited and to issue search warrants for forfeited and to issue search warrants for
the same the same
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96 Application to High Court to set aside 99 Application to High Court to set aside
declaration of forfeiture declaration of forfeiture
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97 Search for persons wrongfully confined 100 Search for persons wrongfully confined
98 Power to compel restoration of abducted 101 Power to compel restoration of abducted
females females
99 Direction, etc., of search warrants 102 Direction, etc., of search warrants
100 Persons in charge of closed place to 103 Persons in charge of closed place to
allow search allow search
101 Disposal of things found in search 104 Disposal of things found in search
beyond jurisdiction beyond jurisdiction
102 Power of police officer to seize certain 106 Power of police officer to seize certain
property property
103 Magistrate may direct search in his 108 Magistrate may direct search in his
presence presence
104 Power to impound document, etc., 109 Power to impound document, etc.,
produced produced

Newly Introduced Provisions
NEWLY INTRODUCED PROVISIONS IN BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

SECTION PROVISION
2(1)(a) “audio-video electronic”
2(1)(b) “bail”
2(1)(d) “bail bond”
2(1)(e) “bond”
2(1)(i) “electronic communication”
35(7) When police may arrest without warrant
86 Identification and attachment of property of proclaimed person
105 Recordings of search and seizure through audio-video electronic means
107 Attachment, forfeiture or restoration of property
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172 Person bound to conform to lawful directions of police
336 Evidence of public servants, experts, police officers in certain cases
356 Inquiry, trial or judgment in absentia of proclaimed offender
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398 Witness protection scheme
472 Mercy petition in death sentence cases
530 Pr
Trial and proceedings to be held in electronic mode
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Provisions of Cr.P.C. Omitted in BNSS
PROVISIONS OF CODE OF CRIMINAL PROCEDURE, 1973 OMITTED IN BHARATIYA NAGARIK

SURAKSHA SANHITA, 2023
CODE OF CRIMINAL PROCEDURE, 1973

SECTION PROVISION
2(f) “India”
2(k) “metropolitan area”
2(q) “pleader”
2(t) “prescribed”
8 Metropolitan areas
10 Subordination of Assistant Sessions Judges
16 Courts of Metropolitan Magistrates
17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
18 Special Metropolitan Magistrates
19 Subordination of Metropolitan Magistrates
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27 Jurisdiction in the case of juveniles
144A Power to prohibit carrying arms in procession or mass drill or mass training with arms
153 Inspection of weights and measures
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355 Metropolitan Magistrate’s judgment
404 Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court

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242 Samarth Agrawal Books

Bharatiya Nyaya Sanhita, 2023
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BHARATIYA NYAYA
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SANHITA, 2023
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DEFINITIONS OF CRIME
 Bentham: Offences are whatever the legislature has prohibited for good behavior or for bad reasons.
 Blackstone: A crime is an act committed or omitted in violation of a public law forbidding or
commanding it.
 Stephen: A crime is a violation of a right, considered in reference to an evil tendency of such violations
as regards the community at large.
 Austin: A wrong which is pursued by the sovereign or his subordinates is a crime.
 Kenny: Crime is a wrong whose sanction is punitive and is in no way remissible by any private person,
but is remissible by Crown alone if remissible at all.
 Miller: Crime is commission or omission of an act which the law forbids or commands under pain of
a punishment to be imposed by the State by a proceeding in its own name.
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 P.H. Winfield: A wrong the sanction of which involves punishment.
 In T.K. Gopal v. State of Karnataka, Supreme Court held that crime is an act that subjects the doer
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to legal punishment.
A human being or a person
Pr
Injury to another person Elements of crime Evil intent (mens rea)
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Act or omission (actus reus)

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 ‘Mens rea’ is a Latin word which means an evil intent.

 ‘Actus reus’ means physical result of human conduct.
pl
Maxims of criminal law

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 Actus non facit reum nisi mens sit rea: It means that the act itself does not make a man guilty
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unless his intentions are so.

 Actus me invitio factus non est mens actus: It means that an act done by me against my will
is not my act at all.
 Nullum crimen sine lege, nulla poena sine lege: It means that there must be no crime or
punishment except in accordance with fixed predetermined law.
MENS REA
 The general rule applicable in criminal law is actus non facit reum nisi mens sit rea. Unless the statute either
clearly or by necessary implication rules out mens rea as an element of crime the court should not hold a
man guilty unless he has guilty mind.

 In Sherras v. De Rutzen the court held that in every statute mens rea is to be implied unless the contrary
is shown.
 In R. v. Prince Henry Prince was prosecuted for abducting a girl below the age of 16 years under the
belief that she was above 18 years of age.
 The court drew a distinction between acts that were themselves innocent but were made punishable by
statute (malum prohibitum) and acts that were intrinsically wrong (malum in se)
 In cases of malum prohibitum it could be held that there can be no conviction in absence of mens rea. But
in cases of malum in se person can be convicted even in absence of mens rea unless the statute has made
it otherwise.
 In Queen v. Tolson it was held by the court that as a general rule there must be a guilty mind before
there can be a crime but a statute may make an act criminal whether there has been any intention to
break the law or not.
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 In State of Maharashtra v. M.H. George, AIR 1956 SC 722, Supreme Court considered the appli-
cation of the principle of mens rea in statutory offences. The court held that unless the statute either
clearly or by necessary implication rules out mens rea as a constituent part of the crime the accused
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should not be held guilty of an offence unless he has a guilty mind.

to the general principle of mens rea:-
Pr
Exceptions to general principle of mens rea: Common law has following recognized exceptions
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(1) Public nuisance
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(2) Criminal libel

(3) Contempt of court
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PRELIMINARY
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Extent and commencement of the Code

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 Section 1 of the Sanhita deals with the title and extent of the Sanhita.
 Section 1(3) provides that every person shall be liable to punishment under this Sanhita and not other-
wise for every act or omission contrary to the provisions, of which he shall be guilty within India.
 Bhartiya Nyaya Sanhita, 2023 shall come into force from 1st July, 2024 except provisions of Section
106(2). It received assent of President on 25th December, 2023.
Extra-territorial operation of the Code
 Section 1(4) and 1(5) deal with extra-territorial operation of the Code.
 Section 1(4) provides that any person liable, by any Indian law, 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.

 It simply provides that an act constituting an offence in India shall also be an offence when committed
outside India.
 If an Indian does an act in a foreign country which is not an offence in that country but is an offence in
India, he may be prosecuted in India.
 Section 1(5) provides for extension of Sanhita to extra-territorial offences. It provides that the provi-
sions of this Code apply also to any offence committed by—
(1) Any citizen of India in any place without and beyond India;
(2) Any person on any ship or aircraft registered in India wherever it may be.
(3) Any person in any place without and beyond India committing offence targeting a computer
resource located in India.
For example, ‘A’ who is a citizen of India, commits a murder in any place without and beyond India. He
iew
can be tried and convicted of murder in any place in India in which he may be found.
 In Jitender Panchal v. Narcotics Control Bureau, (2009) 3 SCC 57, Supreme Court held that if the
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accused has faced the trial in a foreign country for an offence he may be tried in India for an offence
separate and distinct from the previous one charged in a foreign country. Subsequent trial shall not be

hit by prohibition of double jeopardy. Pr
Section 1(6) provides that nothing in this Sanhita shall affect the provisions of any Act for punishing
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mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India
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or the provisions of any special or local law.
Definitions [Sections 2]
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Important Definitions
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 Child [Section 2(3)]*: Child means any person below the age of eighteen years.
m
 Counterfeit [Section 2(4)]: A person is said to ‘counterfeit’ who causes one thing to resemble another
thing, intending by means of that resemblance to practice deception, or knowing it to be likely that
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deception will thereby be practiced.

 Explanation 1 provides that it is not essential to counterfeiting that the imitation should be exact.
 Explanation 2 provides that when a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until the con-
trary is proved, that the person so causing the one thing to resemble the other thing intended by
means of that resemblance to practise deception or knew it to be likely that deception would
thereby be practiced.
 Court [Section 2(5)]: Court means a Judge who is empowered by law to act judicially alone, or a
body of Judges which is empowered by law to act judicially as a body, when such
Judge or body of Judges is acting judicially.

 Dishonestly [Section 2(7)]: Dishonestly means anything with the intention of causing wrongful gain
to one person or wrongful loss to another person.
 In Pyarelal Bhargava v. State of Rajasthan, AIR 1963 SC 1094, Supreme Court held that a
person is said to act dishonestly even if he temporarily dispossess another of his property.
 Document [Section 2(8)]: Document means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, and includes electronic
and digital record, intended to be used, or which may be used, as evidence of that matter.
 Explanation 1 provides that it is immaterial by what means or upon what substance the letters,
figures or marks are formed, or whether the evidence is intended for, or may be used in a Court
or not.
 Explanation 2 provides that whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or
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marks within the meaning of this section, although the same may not be actually expressed.
 Fraudulently [Section 2(9)]: Fraudulently means doing anything with the intent to defraud but not
otherwise.
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 Gender [Section 2(10)]: The pronoun ‘he’ and its derivates are used for any person, whether male,
female or transgender.

Pr
Explanation states that the term ‘transgender’ shall have the meaning assigned to it in
k
Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019.
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 Good faith [Section 2(11)]: Nothing is said to be done or believed in “good faith” which
is done or believed without due care and attention.
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 Harbour [Section 2(13)]: Harbour includes supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a person by any
pl
means, whether of the same kind as those enumerated in this clause or not, to evade
apprehension.
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 Injury [Section 2(14)]: Injury means any harm whatever illegally caused to any person, in body,
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mind, reputation or property.

 Illegal and legally bound to do [Section 2(15)]: The word ‘illegal’ is applicable to everything which
is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person
is said to be ‘legally bound to do’ whatever it is illegal in him to omit.
 Judge [Section 2(16)]: Judge means a person who is officially designated as a Judge and includes
a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment,
or a judgment which, if not appealed against, would be definitive, or a judgment which, if con-
firmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give such a
judgment.
 Month and Year [Section 2(20)]: The word ‘month’ or ‘year’ is to be reckoned according to the
Gregorian calender.
 Movable property [Section 2(21)]: Movable property includes property of every description, except
land and things attached to the earth or permanently fastened to anything which is attached to the earth.
 Offence [Section 2(24)]: Offence means anything made punishable by this Sanhita, except in the
Chapters and Sections mentioned in Section 2(24)(a) and 2(24)(b).
 Section 2(24)(a) provides that in Chapter III and in the following Sections, namely, sub-sections
(2), (3), (4) and (5) of Section 8, Sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123,
sub-sections (7) and (8) of Section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263,
sub-sections (6) and (7) of Section 308 and sub section (2) of Section 330, the word “offence”
means a thing punishable under this Sanhita, or under any special law or local law; and
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 Section 2(24)(b) provides that in sub-section (1) of section 189, sections 211, 212, 238, 239, 249,
253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the
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act punishable under the special law or local law is punishable under such law with imprisonment
for a term of six months or more, whether with or without fine.

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Public servant [Section 2(28)]: “public servant” means a person falling under any of the descrip-
tions, namely:—
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(a) every commissioned officer in the Army, Navy or Air Force;

(b) every Judge including any person empowered by law to discharge, whether by himself or as a
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member of any body of persons, any adjudicatory functions;

(c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such
pl
officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any
m
document, or to take charge or dispose of any property, or to execute any judicial process, or to
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administer any oath, or to interpret, or to preserve order in the Court, and every person specially
authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for decision or
report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;

(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on
behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue-process, or to investigate, or to report, on any matter
affecting the pecuniary interests of the Government, or to make, authenticate or keep any docu-
ment relating to the pecuniary interests of the Government, or to prevent the infraction of any law
for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to
make any survey or assessment or to levy any rate or tax for any secular common purpose of any
village, town or district, or to make, authenticate or keep any document for the ascertaining of the
rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish,
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maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
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(i) in the service or pay of the Government or remunerated by fees or commission for the perfor-
mance of any public duty by the Government;
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(ii) in the service or pay of a local authority as defined in clause (31) of Section 3 of the General
Clauses Act, 1897, a corporation established by or under a Central or State Act or a Government
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company as defined in clause (45) of Section 2 of the Companies Act, 2013.

 Explanation provides that
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(a) persons falling under any of the descriptions made in this clause are public servants, whether
appointed by the Government or not;
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(b) every person who is in actual possession of the situation of a public servant, whatever legal defect
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there may be in his right to hold that situation is a public servant;

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(c) “election” means an election for the purpose of selecting members of any legislative, municipal or
other public authority, of whatever character, the method of selection to which is by, or under any
law for the time being in force.
Following persons are held to be public servant
 Municipal Commissioner
 A member of Executive Committee or servant of registered society.
 Employee of a National bank
 Chief Minister of a State and Ministers [M. Karunanidhi v. Union of India, AIR 1979 SC].
 Chairman of Film Censor Board

 Khalasis of Railway carriage section

 Village Kotwal
 Employees of Local Bodies or Corporation or Board
 Commissioner appointed by City Civil Court
Following persons are held not to be public servant
 Assistant Civil Engineer employed by co-operative society.

 Examiner appointed by University.
 M. L. A. (R. S. Nayak v. A. R. Antulay, 1984 SC)
 Servant of cooperative society
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 Reason to believe [Section 2(29)]: A person is said to have “reason to believe” a thing,
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if he has sufficient cause to believe that thing but not otherwise.
 Valuable security [Section 2(31)]: Valuable security means a document which is, or purports to be, a
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document whereby any legal right is created, extended, transferred, restricted, extinguished or released,
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or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
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 Voluntarily [Section 2(33)]: A person is said to cause an effect “voluntarily” when he causes it by
means whereby he intended to cause it, or by means which, at the time of employing those means, he
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knew or had reason to believe to be likely to cause it.
 Wrongful gain [Section 2(36)]: Wrongful gain means any gain by unlawful means of property to
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which the person gaining is not legally entitled.

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 Wrongful loss [Section 2(37)]: Wrongful loss means any loss by unlawful means of property to
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which the person losing it is legally entitled.
 Gaining wrongfully and losing wrongfully [Section 2(38)]: A person is said to gain wrongfully
when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said
to lose wrongfully when such person is wrongfully kept out of any property, as well as when such
person is wrongfully deprived of property.
Words and expressions used but not defined in this Sanhita [Section 2(39)]
 Section 2(39) provides that words and expressions used but not defined in this Sanhita but defined in
the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023
shall have the meanings respectively assigned to them in that Act and Sanhita.

CHANGES INTRODUCED
 A new definition of ‘Child’ is introduced in Section 2(3) of BNS. It means person below the
age of 18 years.
 Section 2(5) of BNS, 2023 corresponds to Section 20 of IPC. Illustration below Section 20
IPC has been omitted from Section 2(5) of BNS, 2023.
 Section 2(8) corresponds to Section 29 of IPC. The definition of document now includes
‘electronics and digital record’.
 Section 2(10) of BNS, 2023 corresponds to Section 8 of IPC. Now, definition of ‘gender’
expressly refers to ‘transgender’.
 Section 2(20) of BNS, 2023 corresponds to Section 49 of IPC. Earlier, year or month was to
be as per British calendar. Now, Section 2(20) requires it to be reckoned as per Gregorian
calendar.
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 Section 2(21) of BNS, 2023 corresponds to Section 22 of IPC. Definition has omitted the
word ‘are intended to include corporeal’ before the word ‘property’. Now, movable property
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includes property of every description other than immovable property whether that property is
corporeal or incorporeal.

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Section 2(28) of BNS, 2023 corresponds to Section 21 of IPC. The term ‘Local authority’ is
defined by referring to Section 31(3) of General Clauses Act, 1897 and Section 2(45) of the
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Companies Act, 2013. References to juryman has been omitted from the definition in Section
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2(28) of BNS, 2023.

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General Explanations [Section 3]
 Section 3(1) provides throughout this Sanhita every definition of an offence, every penal provision,
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and every illustration of every such definition or penal provision, shall be understood
subject to the exceptions contained in the Chapter entitled “General Exceptions”, though
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those exceptions are not repeated in such definition, penal provision, or illustration.
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 Section 3(2) provides that every expression which is explained in any Part of this Sanhita, is used in
every Part of this Sanhita in conformity with the explanation.
 Section 3(3) provides that when property is in the possession of a person’s spouse, clerk or servant, on
account of that person, it is in that person’s possession within the meaning of this Sanhita.
 Section 3(4) provides that in every Part of this Sanhita, except where a contrary intention appears
from the context, words which refer to acts done extend also to illegal omissions.
Principle of Joint Liability
 Section 3(5) provides that when a criminal act is done by several persons in furtherance of the com-
mon intention of all, each of such persons is liable for that act in the same manner as if it were done by
him alone.

 The principle incorporated in Section 3(5) is called principle of joint liability.

Essential ingredients of Section 3(5)
Commission of By more than In furtherance of Each person is

some criminal act one person common intention liable for that act
of all of them in the same manner
as if it is done my
him alone
 Physical presence of all persons at the scene of crime is not needed.
 Common intention: In Mahboob Shah v. Emperor, (Indus River case) the court held that common
intention implies a pre-arranged plan, prior meeting of minds or prior consultation between all persons
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constituting the group.
 In Barendra Kumar Ghosh v. Emperor, (Post Office case) the court held that even if a person who does
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not do anything but if he has common intention he will be liable. The court said ‘they also serve who
only stand and wait’.

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In Mahboob Shah v. Emperor, the court laid down the following principles:-
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(1) Essence of liability under Section 3(5) is found in ‘common intention’
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(2) To invoke Section 3(5) it must be shown that act was done in furtherance of common intention;
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(3) Common intention implies pre-arranged plan and it must be proved that criminal act was done in
concert pursuant to pre-arranged plan;
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(4) For intention to be common it must be known to all members and must also be shared by them.
In Rishidev Pandey v. State of U. P., Supreme Court held that common intention can develop on the
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spot also during the course of the commission of the offence.

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 Section 3(5) provides a rule of evidence and does not create any offence.
 In Shree Kantia v. State of Bombay Supreme Court, held that physical presence and active participa-
tion in crime is necessary. But in J. N. Desai v. State of Bombay Supreme Court observed that the
physical presence and active participation is not necessary in all cases.
 In Pandurang v. State of Hyderabad, Supreme Court differentiated between similar intention and
common intention. The court held that several persons can simultaneously attack a man and each can
have the same intention, namely, the intention to kill, and each can individually inflict a separate fatal
blow and yet none would have the common intention required by the specific section because there
was no prior meeting of minds to form a pre-arranged plan.

 Section 3(6) provides that whenever an act, which is criminal only by reason of its being done with a
criminal knowledge or intention, is done by several persons, each of such persons who joins in the
act with such knowledge or intention is liable for the act in the same manner as if the act were
done by him alone with that knowledge or intention.
 Section 3(7) provides that wherever the causing of a certain effect, or an attempt to cause that effect,
by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by
an act and partly by an omission is the same offence.
For example, ‘A’ intentionally causes ‘Z’s’ death by illegally omitting to give Z food and partly by beating
Z. A has committed murder.
 Section 3(8) provides that when an offence is committed by means of several acts, whoever intention-
ally co-operates in the commission of that offence by doing any one of those acts, either singly or
jointly with any other person, commits that offence.
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For example,
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 ‘A’ and ‘B’ agree to murder ‘Z’ by severally and at different times giving him small doses of poison.
‘A’ and ‘B’ administer the poison according to the agreement with intent to murder ‘Z’. ‘Z’ dies
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from the effects of the several doses of poison so administered to him. Here ‘A’ and ‘B’ intention-
ally co-operate in the commission of murder and as each of them does an act by which the death
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is caused, they are both guilty of the offence though their acts are separate.
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 ‘A’ and ‘B’ are joint jailors, and as such, have the charge of ‘Z’, a prisoner, alternatively for six hours
at a time. ‘A’ and ‘B’, intending to cause Z’s death, knowingly co-operate in causing that effect by
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illegally omitting, each during the time of his attendance, to furnish ‘Z’ with food supplied to them
for that purpose. ‘Z’ dies of hunger. Both ‘A’ and ‘B’ are guilty of the murder of ‘Z’.
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 Section 3(9) makes the liability of the offenders according to their own acts when a crime has been
m
committed. This section provides for different punishment for different offences, whether such per-
sons are actuated by one intention or the other.
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For example, ‘A’ attacks ‘Z’ under such circumstances of grave provocation that his killing of ‘Z’ would
be only culpable homicide not amounting to murder. ‘B’, having ill-will towards ‘Z’ and intending to kill
him, and not having been subject to the provocation, assists ‘A’ in killing ‘Z’. Here though ‘A’ and ‘B’ are
both engaged in causing Z’s death, ‘B’ is guilty of murder, and ‘A’ is guilty only for culpable homicide.
PUNISHMENT
 Punishment can be defined as suffering inflicted upon the offender by the court when he is adjudged
guilty under the law. The amount of punishment will vary according to the facts and circumstances of
the case.

Theories of Punishment
 Following theories were advocated to explain the purpose of punishment:-
Deterrent Preventive Retributive Reformative Expiatory

Theory Theory Theory Theory Theory
 Section 4 prescribes the following punishments for offences:-

Punishments [Section 4]
Death Imprisonment Imprisonment Forfeiture of Fine Community
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for life which is of Property Service
two kinds
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Rigorous, that Simple
which is with hard
labour
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Death sentence
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 The death penalty may be awarded in the following offences—

(1) In certain cases of rape [Section 65(2), 66, 70(2), 71]
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(2) Murder [Sections 103(1), 103(2), 104 ]

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(3) Abetment of suicide of a child or person of unsound mind [Section 107]

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(4) In circumstances, attempt to murder [Section 109(2)]

(5) Terrorist Act [Section 113(2)]
(6) Kidnapping for murder or ransom. [Section 140(2)]
(7) Waging war against the Government of India [Section 147]
(8) Abetting mutiny and it actually being committed [Section 160]
(9) Giving or fabricating false evidence upon which an innocent person with intent to procure convic-
tion of capital offences [Section 230(2)]
(10) In certain circumstances, threatening any person to give false evidence [Section 232(2)]
(11) Dacoity accompanied with murder. [Section 310(3)]

 Section 393(3) of Bharatiya Nagrik Suraksha Sanhita, 2023 provides that the Court has to give the
special reasons in awarding the death penalty.
 In Bachan Singh v. State of Punjab, AIR 1980 SC, the Supreme Court held that death sentence
should not be passed except in ‘rarest of the rare case’.
Imprisonment for Life
 In Gopal Vinayak Godse v. State, AIR 1961 SC 600, it was observed by the Supreme Court that life
imprisonment means an imprisonment that continues till the life of the convict and is nothing less.
 In Md. Munna v. Union of India and others, (2005) 7 SCC 417, Supreme Court has held that
imprisonment for life means rigorous imprisonment for life.
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Commutation of sentence of death and imprisonment for life [Section 5]
 Section 5 provides that the appropriate Government may, without the consent of the offender, com-
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mute any punishment under this Sanhita to any other punishment in accordance with Section 474 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Fractions of punishment [Section 6]
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 Section 6 provides that in calculating fractions of terms of punishment, imprisonment for life shall be
reckoned as equivalent to imprisonment for twenty years, unless otherwise provided.
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Description of Sentences [Section 7]

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 Section 7 provides that in every case in which an offender is punishable with imprisonment which may
be of either description, it shall be competent to the Court which sentences such offender to direct in
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the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly
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simple, or that any part of such imprisonment shall be rigorous and the rest simple. Therefore, the
court can sentence the offender to any of the following descriptions of sentences:-
 Wholly rigorous; or
 Wholly simple; or
 Partly rigorous and partly simple
Fine [Section 8]
 Section 8(1) provides that where no sum is expressed to which a fine may extend, the amount of fine
to which the offender is liable is unlimited, but shall not be excessive.

Sentence for imprisonment for non-payment of fine [Section 8(2)]

 Section 8(2) provides that in every case of an offence punishable with imprisonment as well as fine, in
which-
 the offender is sentenced to a fine, whether with or without imprisonment; and
 In every case of an offence punishable with imprisonment or fine, or with fine only, in which the
offender is sentenced to a fine.
 It shall be competent to the Court which sentences such offender to direct by the sentence that, in
default of payment of the fine, the offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to
which he may be liable under a commutation of a sentence.
Limit to imprisonment for non-payment of fine [Section 8(3), 8(4)]
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 Section 8(3) provides that the term for which the Court directs the offender to be imprisoned in
default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the
maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
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 Section 8(4) provides that the imprisonment which the Court imposes in default of payment of a fine
may be of any description to which the offender might have been sentenced for the offence.
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Imprisonment for non-payment of fine, when offence punishable with fine only
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[Section 8(5)]
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 Section 8(5) provides that if the offence be punishable with fine or community service:-
 The imprisonment which the Court imposes in default of payment of the fine or in default of
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community service shall be simple; and

 The term for which the Court directs the offender to be imprisoned, in default of payment of fine
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or in default of community service, shall not exceed the following scale:-

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 For any term not exceeding two months when the amount of the fine shall not exceed five
thousand rupees; and
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 For any term not exceeding four months when the amount shall not exceed ten thousand
rupees; and
 For any term not exceeding one year in any other case.
 Section 8(6)(a) provides that the imprisonment which is imposed in default of payment of a fine shall
terminate whenever that fine is either paid or levied by process of law.
 Section 8(6)(b) provides for termination of imprisonment on payment of proportional part of fine.
 Section 8(7) provides that the fine, or any part thereof which remains unpaid, may be levied at any
time within six years after the passing of the sentence, and if, under the sentence, the offender be liable
to imprisonment for a longer period than six years, then at any time previous to the expiration of that
period; and the death of the offender does not discharge from the liability any property which would,
after his death, be legally liable for his debts.

Limit of punishment of offence made up of several offences [Section 9]
 Section 9 provides that:-

 Where anything which is an offence is made up of parts, any of which parts is itself an offence.
The offender shall not be punished with the punishment of more than one of such his offences,
unless it be so expressly provided.
 Where anything is an offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished, or
 Where several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence.
The offender shall not be punished with a more severe punishment than the Court which tries him
could award for any one of such offences.
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For example, ‘A’ gives ‘Z’ fifty strokes with a stick. Here ‘A’ may have committed the offence of voluntar-
ily causing hurt to ‘Z’ by the whole beating, and also by each of the blows which make up the whole
beating. If ‘A’ were liable to punishment for every blow, he might be imprisoned for fifty years, one for
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each blow. But he is liable only to one punishment for the whole beating.
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Section 10* provides that in all cases in which judgment is given that a person is guilty of one or several
offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the
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offender shall be punished for the offence for which the lowest punishment is provided if the same
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punishment is not provided for all.
Solitary confinement [Sections 11 and 12]

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 Section 11 provides that if person is convicted of an offence for which under this Sanhita the Court
has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the
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offender shall be kept in solitary confinement for any portion or portions of the imprisonment to
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which he is sentenced.
 Such solitary confinement shall not exceed three months in the whole, according to the following scale:-
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 A time not exceeding one month if the term of imprisonment shall not exceed six months;
 A time not exceeding two months if the term of imprisonment shall exceed six months and shall
not exceed one year;
 A time not exceeding three months if the term of imprisonment shall exceed one year.
 Section 12 provides that in executing a sentence of solitary confinement, such confinement shall in no
case exceed fourteen days at a time.
 The intervals between the periods of solitary confinement shall not be less than 14 days periods.
 When the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed
seven days in any one month of the whole imprisonment awarded, with intervals between the periods
of solitary confinement of not less duration than such periods.

Enhanced punishment for certain offences after previous conviction [Sections 13]
 Section 13 provides that whoever, having been convicted by a Court in India, of an offence punish-
able under Chapter X or Chapter XVII of this Sanhita with imprisonment of either description for a
term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters
with like imprisonment for the like term, shall be subject for every such subsequent offence to impris-
onment for life, or to imprisonment of either description for a term which may extend to ten years.
CHANGES INTRODUCED
 Section 53 of IPC provided for five types of punishments. Corresponding Section 4 of BNS,
2023 introduced a sixth type of punishment i.e. Community Service.
 Punishment of community service will help to reduce the burden in jails. In following offences
the punishment of community service is given:-
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 Public servant unlawfully engaging in trade [Section 202]
 Non-appearance in response to proclamation under Section 84 of BNSS, 2023 [Section 209]
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 Attempt to suicide to compel or restrain exercise of lawful power [Section 226]

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In certain case of theft [Section 303(2) Proviso]
 Misconduct in public by drunken person [Section 355]
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 Defamation [Section 356(2)]

 The term ‘community service’ is not defined in BNS, 2023. It is defined in Section 23 of
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BNSS, 2023. It means the work which the court may order a convict to perform as a form of
punishment that benefits the community, for which he shall not be entitled to any remuneration.
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 Section 6 of BNS, 2023 corresponds to Section 57 of IPC. The words ‘unless otherwise
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provided’ has been added in Section 6 of BNS, 2023 which was not present in Section 57 of
IPC.
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 Since, the concept of community service as a form of punishment has been introduced in BNS,
2023, imprisonment in default of community service has also been added in Section 8(4) and
Section 8(5) of BNS, 2023. It was not present in IPC.
 Under Section 8(5) of BNS, 2023 the limits for default in payment of fine or community
service has been changed to the following scales:-
 Imprisonment not exceeding 2 months- Fine not exceeding Rs 5000/- or community service.
 Imprisonment not exceeding 4 months- Fine not exceeding Rs 10000/- or community ser-
vice
 In any other case- Imprisonment not exceeding 1 year.

GENERAL EXCEPTIONS
[Chapter III, Section 14-44]
 General exception contained in [Chapter III, Sections 14-44] extinguish the criminal liability. These
are rules of evidence carrying conclusive or rebuttable presumptions. They deal with circumstances
which extinguish mens rea.
 This chapter applies to the offences not only defined in Indian Penal Code but also the offences defined
by any local or special law.
 As a general rule the burden to prove the guilt of the accused is on the prosecution. However, in cases
of General Exception this rule is reversed.
 Section 108 of Bharatiya Sakshya Adhiniyam, 2023 provides that if an accused person claims the
benefit of exceptions, the burden of proving his plea that his case falls under the general exception lies
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upon the accused.
 In K. M. Nanawati v. State of Maharashtra, AIR 1962 SC 605 Supreme Court observed that if an
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accused pleads exceptions contained in Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) then there

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is a presumption against him and the burden to rebut that presumption is on him.
In T.N. Lakshmaiah v. State of Karnataka, (2002) 1 SCC 219, Supreme Court held that the ac-
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cused has to prove that his case falls within the general exceptions. The standard of proof is not the
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same as expected from the prosecution. It is sufficient that the accused makes his case in any of the
general exceptions by standard of preponderance of probabilities.
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Excusable [Sections 14, 17, 18, 20, 21, 22, 23, 24]
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Categories of exceptions
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Justifiable [Sections 15, 16, 19, 25, 26, 27, 30, 31, 32, 33, 34-44]
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Mistake of Fact [Sections 14 & 17]
Act done by a person bound, or by mistake of fact believing himself bound by law [Section 14]
 Section 14 provides that nothing is an offence which is done by a person who is, or who by reason of
a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by
law to do it.
 Ignorance of fact must be ignorance in respect material fact i.e. fact which is essential to constitute
offence. Ignorance of fact negatives the evil intent necessary to constitute the offence.
 Maxim ignorantia facti excusat, ignorantia juris non excusat provides that ignorance of fact is excused but
ignorance of law is not excused. Everyone is bound to know the law of the land and hence mistake orr
ignorance of law is not excused. It is also applicable to a foreigner.

Person is bound by law

Essential ingredients In good faith he believes to be bound by law
Such belief is by reason of mistake of fact and not by mistake of law
For example,
 ‘A’, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands
of the law. ‘A’ has committed no offence.
 ‘A’, an officer of a Court of Justice, being ordered by that Court to arrest ‘Y’ and after due enquiry,
believing ‘Z’ to be ‘Y’, arrests ‘Z’. ‘A’ has committed no offence.
Act done by a person justified, or by mistake of fact believing himself justified by law [Section 17]
 Section 17 provides that nothing is an offence which is done by any person who is justified by law, or
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who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes
himself to be justified by law, in doing it.
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 Government official and servants are protected by this section when they carry out act of the State.
Person is justified by law
Essential ingredients
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In good faith he believes to be justified by law
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Such belief is by reason of mistake of fact and not by mistake of law
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For example, ‘A’ sees ‘Z’ commit what appears to ‘A’ to be a murder. ‘A’, in the exercise, to the best of his
judgment, exerted in good faith, of the power which the law gives to all persons of apprehending
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murderers in the act, seizes ‘Z’, in order to bring ‘Z’ before the proper authorities. A has committed no
offence, it may turn out that ‘Z’ was acting in self-defence.
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 Sections 14 and 17 are based on the maxim ‘ignorantia facit excusat, ignorantia juris non excusat’, which
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means ignorance of fact is an excuse and ignorance of law is not an excuse.

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Act of Judge when acting judicially [Section 15]
 Section 15 provides that nothing is an offence which is done by a Judge when acting judicially in the
exercise of any power which is, or which in good faith he believes to be, given to him by law.
Act done pursuant to the judgment or order of Court [Section 16]
 Section 16 provides that nothing which is done in pursuance of, or which is warranted by the judgment
or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence,
notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the
person doing the act in good faith believes that the Court had such jurisdiction.

Accident in doing a lawful act [Section 18]
 Section 18 provides that nothing is an offence which is done
By accident or Without any criminal In the doing of With proper

misfortune intention or a lawful act in a care and caution
knowledge lawful manner by
lawful means
For example,
 ‘A’ is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if, there was
no want of proper caution on the part of ‘A’, his act is excusable and not an offence.
 If ‘A’ work with a hatchet at a place where children are playing and the head flies off and kills a child
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‘A’ cannot plea the defence of Section 80 because his work is not done with proper care and
caution.
 Happening must be unintentional and unexpected.
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 According to Stephen an effect is accidental when the act by which it is caused is not done with the
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intention of causing it. When a consequence is caused by an accident, it is not possible to impute any evil
intention.
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 When the act is done due to want of proper care and caution then the same cannot be termed as an
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accident.
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 Two car drivers after getting drunk began race with each other and drove over an old man. Both were
charged with contributing to death of deceased by their negligence and improper conduct. [R. v.
Swindall and Osborne]
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Act likely to cause harm, but done without criminal intent,

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and to prevent other harm [Section 19]

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 Section 19 provides that nothing is an offence merely by reason of its being done
With the knowledge If it be done without In good faith for

that it is likely to any criminal intention the purpose of
cause harm to cause harm
Preventing or avoiding
other harm to person or property
 It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature
and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to
cause harm. [Explanation]

COMPARATIVE TABLE OF SECTIONS OF
BHARATIYA NYAYA SANHITA, 2023 & INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023 INDIAN PENAL CODE, 1860

1(1)/(2) Short title, commencement and 1 Title and extent of operation of the
application Code
1(3) Short title, commencement and 2 Punishment of offences committed
application - Punishment of offences within India
committed within India
1(4) Short title, commencement and 3 Punishment of offences committed
application - Punishment of offences beyond, but which by law may be tried
committed beyond, but which by law within, India
may be tried within, India
1(5) Short title, commencement and 4 Extension of Code to extra territorial
iew
application - Extension of Code to offences
extra territorial offences
1(6) Short title, commencement and 5 Certain laws not to be affected by this
ev
application - Certain laws not to be Act
affected by this Act
2(1) "act" Pr 33
32
"Act"/"Omission"
Words referring to acts include illegal
omissions
k
oo
2(2) "animal" 47 "Animal"

2(3) "child" (New) - -
2(4) "counterfeit" 28 "Counterfeit"
eB
2(5) "Court" 20 "Court of Justice"

2(6) "death" 46 "Death"
pl
2(7) "dishonestly" 24 "Dishonestly"

2(8) "document" 29 "Document"
m
2(9) "fraudulently" 25 "Fraudulently"

Sa
2(10) "gender" 8 "Gender

2(11) "good faith" 52 "Good faith"
2(12) "Government" 17 Government
2(13) "harbour" 52A "Harbour"
2(14) "injury" 44 "Injury"
2(15) "illegal" and "legally" 43 "Illegal", "Legally"

2(16) bound to do" 19 bound to do"
2(17) "Judge" 45 "Judge"
2(18) "life" 42 "Life"
2(19) "local law" 10 "Local law"
2(20) "man" 49 "Man", "Woman"
2(21) "month" and "year" 22 "Year"/"Month"
2(22) "movable property" 9 "Movable property"

Comparative Table of Sections of Bharatiya Nyaya Sanhita, 2023 & Indian Penal Code, 1860

2(23) "number" 51 Number
2(24) "oath" 40 "Oath"
2(25) "offence" 33 "Offence"
2(26) "omission" 11 "Act"/"Omission"
2(27) "person" 12 "Person"
2(28) "public" 21 "Public"
2(29) "public servant" 26 "Public servant"
2(30) "reason to believe" 41 "Reason to believe"
2(31) "special law" 30 "Special law"
2(32) "valuable security" 48 "Valuable security"
2(33) "vessel" 39 "Vessel"
2(34) "voluntarily" 31 "Voluntarily"
2(35) "will" 10 "A will"
iew
2(36) "wrongful gain" 23, Para 1 "Wrongful gain"
2(37) "wrongful loss" 23, Para 2 "Wrongful loss"
ev
2(38) "gaining wrongfully" and 23, Para 3 "Gaining wrongfully", "losing
"losing wrongfully" wrongfully"
2(39)
3(1)
Words and expressions not defined
General explanations
Pr 29A
6
"Electronic record"
Definitions in the Code to be
understood subject to exceptions
k
3(2) General explanations - Sense of 7 Sense of expression once explained
oo
expression once explained

3(3) General explanations - Property in 27 Property in possession of wife, clerk or
eB
possession of wife, clerk or servant servant

3(4) General explanations - Words referring 32 Words referring to acts include illegal
to acts include illegal omissions omissions
pl
3(5) General explanations - Acts done by 34 Acts done by several persons in

several persons in furtherance of furtherance of common intention
m
common intention
3(6) General explanations - When such an 35 When such an act is criminal by reason
Sa
act is criminal by reason of its being of its being done with a criminal
done with a criminal knowledge or knowledge or intention
intention
3(7) General explanations - Effect caused 36 Effect caused partly by act and partly by
partly by act and partly by omission omission
3(8) General explanations - Cooperation by 37 Cooperation by doing one of several
doing one of several acts constituting acts constituting an offence
an offence
3(9) General explanations - Persons 38 Persons concerned in criminal act may
concerned in criminal act may be guilty be guilty of different offences
of different offences
4 Punishment 53 Punishment
5 Commutation of sentence – of sentence 54 Commutation of sentence of death
of death and imprisonment for life 55 Commutation of sentence of
imprisonment for life


Explanation Commutation of sentence - definition 55A Definition of "appropriate
to Section 5 of "appropriate Government" Government"
6 Fractions of terms of punishment 57 Fractions of terms of punishment
7 Sentence may be (in certain cases of 60 Sentence may be (in certain cases of
imprisonment) wholly or partly rigorous imprisonment) wholly or partly rigorous
or simple or simple
8(1) Amount of fine, liability in default of 63 Amount of fine
payment of fine, etc. – amount of fine
8(2) Amount of fine, liability in default of 64 Sentence of imprisonment for non-
payment of fine, etc. - sentence of payment of fine
imprisonment for non-payment of fine
8(3) Amount of fine, liability in default of 65 Limit to imprisonment for non-
payment of fine, etc. - limit to payment of fine, when imprisonment
iew
imprisonment for non-payment of fine, and fine awardable
when imprisonment and fine awardable
8(4) Amount of fine, liability in default of 66 Description of imprisonment for non-
ev
payment of fine, etc. - description of payment of fine
8(5) Amount of fine, liability in default of
payment of fine, etc. - imprisonment
Pr 67 Imprisonment for non-payment of fine
when offence punishable with fine only
for non-payment of fine when offence
k
punishable with fine only
oo
8(6) Amount of fine, liability in default of 68 Imprisonment to terminate on payment

payment of fine, etc. – termination of of fine
eB
imprisonment on full or proportional 69 Termination of imprisonment on

part of fine payment of proportional part of fine
8(7) Amount of fine, liability in default of 70 Fine leviable within six years, or during
pl
payment of fine, etc. - fine leviable imprisonment - death not to discharge

within six years, or during property from liability
m
imprisonment - death not to discharge

property from liability
Sa
9 Limit of punishment of offence made 71 Limit of punishment of offence made

up of several offences up of several offences
10 Punishment of person guilty of one of 72 Punishment of person guilty of one of
several offences, the judgment stating several offences, the judgment stating
that it is doubtful that it is doubtful of which
11 Solitary confinement 73 Solitary confinement
12 Limit of solitary confinement 74 Limit of solitary confinement
13 Enhanced punishment for certain 75 Enhanced punishment for certain
offences after previous conviction offences under Chapter XII or Chapter
XVII after previous conviction
14 Act done by a person bound, or by 76 Act done by a person bound, or by
mistake of fact believing himself bound, mistake of fact believing him self
by law bound, by law
15 Act of Judge when acting judicially 77 Act of Judge when acting judicially


16 Act done pursuant to judgment or 78 Act done pursuant to the judgment or
order of Court order of Court
17 Act done by a person justified, or by 79 Act done by a person justified, or by
mistake of fact believing himself mistake of fact believing him self
justified, by law justified, by law
18 Accident in doing a lawful act 80 Accident in doing a lawful act
19 Act likely to cause harm, but done 81 Act likely to cause harm, but done
without criminal intent, and to prevent without criminal intent, and to prevent
other harm other harm
20 Act of a child under seven years of age 82 Act of a child under seven years of age
21 Act of a child above seven and under 83 Act of a child above seven and under
twelve years of age of immature twelve of immature understanding
understanding
22 Act of a person of unsound mind 84 Act of a person of unsound mind
iew
23 Act of a person incapable of judgment 85 Act of a person incapable of judgment
by reason of intoxication caused against by reason of intoxication caused against
his will his will
ev
24 Offence requiring a particular intent or 86 Offence requiring a particular intent or
knowledge committed by one who is knowledge committed by one who is
25
intoxicated
Act not intended and not known to be
Pr 87
intoxicated
Act not intended and not known to be
k
likely to cause death or grievous hurt, likely to cause death or grievous hurt,
done by consent done by consent
oo
26 Act not intended to cause death, done 88 Act not intended to cause death, done
by consent in good faith for person's by consent in good faith for person's
eB
benefit benefit
27 Act done in good faith for benefit of 89 Act done in good faith for benefit of
child or person of unsound mind, by, or child or insane person, by or by consent
pl
by consent of guardian of guardian

28 Consent known to be given under fear 90 Consent known to be given under fear
m
or misconception or misconception
Sa
29 Exclusion of acts which are s offences 91 Exclusion of acts which are offences
independently of harm caused independently of harm caused
30 Act done in good faith for benefit of a 92 Act done in good faith for benefit of a
person without consent person without consent
31 Communication made in good faith 93 Communication made in good faith
32 Act to which a person is compelled by 94 Act to which a person is compelled by
threats threats
33 Act causing slight harm 95 Act causing slight harm
34 Things done in private defence 96 Things done in private defence
35 Right of private defence of body and of 97 Right of private defence of the body
property and of property
36 Right of private defence against act of a 98 Right of private defence against act of a
person of unsound mind, etc. person of unsound mind, etc.
37 Acts against which there is no right of 99 Acts against which there is no right of
private defence private defence


38 When right of private defence of body 100 When such right extends to causing any
extends to causing death harm other than death
39 When such right extends to causing any 101 When the right of private defence of
harm other than death the body extends to causing death
40 Commencement and continuance of 102 Commencement and continuance of
right of private defence of body the right of private defence of the body
41 When right of private defence of body 103 When the right of private defence of
extends to causing death property extends to causing death
42 When such right extends to causing any 104 When such right extends to causing any
harm other than death harm other than death
43 Commencement and continuance of 105 Commencement and continuance of
the right of private defence of property the right of private defence of property
iew
44 Right of private defence against deadly 106 Right of private defence against deadly
assault when there is risk of harm to assault when there is risk of harm to
innocent person innocent person
ev
45 Abetment of a thing 107 Abetment of a thing
46 Abettor 108 Abettor
47 Abetment in India of offences outside
India
Pr 108A Abetment in India of offences outside
India
48 Abetment outside India for offence - -
k
in India (New)
oo
49 Punishment of abetment if act abetted 109 Punishment of abetment if the act

is committed in consequence and where abetted is committed in con sequence
eB
no express provision is made for its and where no express provision is made
punishment for its punishment
50 Punishment of abetment if person 110 Punishment of abetment if person
pl
abetted does act with different intention abetted does act with a different
from that of abettor intention from that of abettor
m
51 Liability of abettor when one act 111 Liability of abettor when one act
abetted and different act done abetted and different act done
Sa
52 Abettor when liable to cumulative 112 Abettor when liable to cumulative

punishment for act abetted and for act punishment for act abetted and for act
done done
53 Liability of abettor for an effect caused 113 Liability of abettor for an effect caused
by act abetted different from that by the act abetted different from that
intended by abettor intended by the abettor
54 Abettor present when offence is 114 Abettor present when offence is
committed committed
55 Abetment of offence punishable with 115 Abatement of offence punishable with
death or imprisonment for life death or imprisonment for life
56 Abetment of offence punishable with 116 Abetment of offence punishable with
imprisonment imprisonment
57 Abetting commission of offence by 117 Abetting commission of offence by the
public or by more than ten persons public or by more than ten persons

INDIAN PENAL CODE, 1860 & BHARATIYA NYAYA SANHITA, 2023
INDIAN PENAL CODE, 1860 BHARATIYA NYAYA SANHITA, 2023

1 Title and extent of operation of the 1(1)/(2) Short title, commencement and
Code application
2 Punishment of offences committed 1(3) Short title, commencement and
within India application - Punishment of offences
committed within India
3 Punishment of offences committed 1(4) Short title, commencement and
beyond, but which by law may be tried application - Punishment of offences
within, India committed beyond, but which by law
may be tried within, India
4 Extension of Code to extra territorial 1(5) Short title, commencement and
iew
offences application - Extension of Sanhita to
extra territorial offences
5 Certain laws not to be affected by this 1(6) Short title, commencement and
ev
Act application - Certain laws not to be
affected by this Act
6 Definitions in the Code to
understood subject to exceptions
be Pr 3(1) General explanations
7 Sense of expression once explained 3(2) General explanations - Sense of

k
expression once explained
oo
8 Gender 2(10) "gender"

9 Number 2(22) "number"
eB
10 "Man"/"Woman" 2(19) "man"

2(35) "Woman"
11 "Person" 2(26) "person"
pl
12 "Public" 2(27) "public"

m
13 Definition of "Queen" [Omitted earlier] – –

14 "Servant of Government" – –
Sa
15 Definition of "British India" [Omitted – –

earlier]
16 Definition of "Government of India" – –
[Omitted earlier]
17 "Government" 2(12) "Government"
18 India – –
19 "Judge" 2(16) "Judge"
20 "Court of Justice" 2(5) "Court"
21 "Public servant" 2(18) "public servant"
22 "Movable property" 2(21) "movable property"
23 Para 1 "Wrongful gain" 2(36) "wrongful gain"
23 Para 2 "Wrongful loss" 2(37) "wrongful loss"
23 Para 3 "Gaining wrongfully", "losing 2(38) "gaining wrongfully" and "losing
wrongfully" wrongfully"

Comparative Table of Sections of Indian Penal Code, 1860 & Bharatiya Nyaya Sanhita, 2023

24 "Dishonestly" 2(7) "dishonestly"
25 "Fraudulently" 2(9) "fraudulently"
26 "Reason to believe" 2(29) "reason to believe"
27 Property in possession of wife, clerk or 3(3) General explanations - Property in
servant possession of wife, clerk or servant
28 "Counterfeit" 2(4) "counterfeit"
29 "Document" 2(8) "document"
29A "Electronic record" 2(39) Words and expressions not defined
30 "Valuable security" 2(31) "valuable security"
31 "A will" 2(34) "will"
32 Words referring to acts include illegal 2(1) "act"
omissions 3(4) General explanations - Words referring
to acts include illegal omissions
iew
33 "Act"/ "Omission" 2(1) "act"
2(25) "omission"
ev
34 Acts done by several persons in 3(5) General explanations - Acts done by
furtherance of common intention several persons in furtherance of
35 When such an act is criminal by reason

Pr 3(6)
common intention
General explanations - When such an
of its being done with a criminal act is criminal by reason of its being
k
knowledge or intention done with a criminal knowledge or
oo
intention
36 Effect caused partly by act and partly by 3(7) General explanations - Effect caused
eB
omission partly by act and partly by omission

37 Cooperation by doing one of several 3(8) General explanations - Cooperation by
acts constituting an offence doing one of several acts constituting
pl
an offence
38 Persons concerned in criminal act may 3(9) General explanations - Persons
m
be guilty of different offences concerned in criminal act may be guilty

of different offences
Sa
39 "Voluntarily" 2(33) "voluntarily"

40 "Offence" 2(24) "offence"
41 "Special law" 2(30) "special law"
42 "Local law" 2(18) "local law"
43 "Illegal", "Legally bound to do" 2(15) "illegal" and "legally bound to do"
44 "Injury" 2(14) "injury"
45 "Life" 2(17) "life"
46 "Death" 2(6) "death"
47 "Animal" 2(2) "animal"
48 "Vessel" 2(32) "vessel"
49 "Year"/"Month" 2(20) "month" and "year"
50 "Section" - -
51 "Oath" 2(23) "oath"


52 "Good faith" 2(11) "good faith"
52A "Harbour" 2(13) "harbour"
53 Punishment 4 Punishments
53A Construction of reference to - -
transportation
54 Commutation of sentence of death 5 Commutation of sentence - of death
55 Commutation of sentence of 5 Commutation of sentence - of
imprisonment for life imprisonment for life
55A Definition of "Appropriate Explanation Commutation of sentence - Definition
Government" to Section 5 of "Appropriate Government"
56 Sentence of Europeans and Americans - -
to penal servitude, proviso as to
sentence for term exceeding ten years
iew
but not for life [Omitted earlier]
57 Fractions of terms of punishment 6 Fractions of terms of punishment
58 Offenders sentenced to transportation - -
ev
how dealt with until transported
[Omitted earlier]
59 Transportation instead of imprisonment
[Omitted earlier]
Pr - -
60 Sentence may be (in certain cases of 7 Sentence may be (in certain cases of
k
imprisonment) wholly or partly rigorous imprisonment) wholly or partly rigorous
oo
or simple or simple
61 Sentence of forfeiture of property - -
eB
[Omitted earlier]
62 Forfeiture of property, in respect of - -
offenders punishable with death,
pl
transportation or imprisonment
[Omitted earlier]
m
63 Amount of fine 8(1) Amount of fine, liability in default of

payment of fine, etc. - Amount of fine
Sa
64 Sentence of imprisonment for non- 8(2) Amount of fine, liability in default of

payment of fine payment of fine, etc. - Sentence of
65 Limit to imprisonment for non-payment 8(3) Amount of fine, liability in default of
of fine, when imprisonment and fine payment of fine, etc. - Limit to
awardable imprisonment for non-payment of fine,
when imprisonment and fine awardable
66 Description of imprisonment for non- 8(4) Amount of fine, liability in default of
payment of fine payment of fine, etc. - Description of
67 Imprisonment for non-payment of fine 8(5) Amount of fine, liability in default of
when offence punishable with fine only payment of fine, etc. - Imprisonment
for non-payment of fine when offence
punishable with fine only


68 Imprisonment to terminate on payment 8(6)(a) Amount of fine, liability in default of
of fine payment of fine, etc. - Imprisonment to
terminate on payment of fine
69 Termination of imprisonment on 8(6)(b) Amount of fine, liability in default of
payment of proportional part of fine payment of fine, etc. - Termination of
imprisonment on payment of
proportional part of fine
70 Fine leviable within six years, or during 8(7) Amount of fine, liability in default of
imprisonment - Death not to discharge payment of fine, etc. - Fine leviable
property from liability within six years, or during
imprisonment - Death not to discharge
property from liability
71 Limit of punishment of offence made 9 Limit of punishment of offence made
up of several offences up of several offences
iew
72 Punishment of person guilty of one of 10 Punishment of person guilty of one of
several offences, the judgment stating several offences, judgment stating that
that it is doubtful of which it is doubtful of which
ev
73 Solitary confinement 11 Solitary confinement
74 Limit of solitary confinement 12 Limit of solitary confinement
75 Enhanced punishment for certain
offences under Chapter XII or Chapter
Pr 13 Enhanced punishment for certain
offences after previous conviction
k
XVII after previous conviction
oo
76 Act done by a person bound, or by 14 Act done by a person bound, or by

mistake of fact believing himself bound, mistake of fact believing himself bound,
by law by law
eB
77 Act of Judge when acting judicially 15 Act of Judge when acting judicially
78 Act done pursuant to the judgment or 16 Act done pursuant to judgment or
order of Court order of Court
pl
79 Act done by a person justified, or by 17 Act done by a person justified, or by

m
mistake of fact believing himself mistake of fact believing himself,

justified, by law justified, by law
Sa
80 Accident in doing a lawful act 18 Accident in doing a lawful act

81 Act likely to cause harm, but done 19 Act likely to cause harm, but done
without criminal intent, and to prevent without criminal intent, and to prevent
other harm other harm
82 Act of a child under seven years of age 20 Act of a child under seven years of age
83 Act of a child above seven and under 21 Act of a child above seven and under
twelve of immature understanding twelve years of age of immature
understanding
84 Act of a person of unsound mind 22 Act of a person of unsound mind
85 Act of a person incapable of judgment 23 Act of a person incapable of judgment
by reason of intoxication caused against by reason of intoxication caused against
his will his will
86 Offence requiring a particular intent or 24 Offence requiring a particular intent or
knowledge committed by one who is knowledge committed by one who is
intoxicated intoxicated


87 Act not intended and not known to be 25 Act not intended and not known to be
likely to cause death or grievous hurt, likely to cause death or grievous hurt,
done by consent done by consent
88 Act not intended to cause death, done 26 Act not intended to cause death, done
by consent in good faith for person's by consent in good faith for person's
benefit benefit
89 Act done in good faith for benefit of 27 Act done in good faith for benefit of
child or insane person, by or by consent child or person of unsound mind, by, or
of guardian by consent of guardian
90 Consent known to be given under fear 28 Consent known to be given under fear
or misconception or misconception
91 Exclusion of acts which are offences 29 Exclusion of acts which are offences
independently of harm caused independently of harm caused
92 Act done in good faith for benefit of a 30 Act done in good faith for benefit of a
iew
person without consent person without consent
93 Communication made in good faith 31 Communication made in good faith
ev
94 Act to which a person is compelled by 32 Act to which a person is compelled by
threats threats
95
96
Act causing slight harm
Things done in private defence
Pr 33
34
Act causing slight harm
Things done in private defence
97 Right of private defence of the body 35 Right of private defence of body and of
k
and of property property
oo
98 Right of private defence against the act 36 Right of private defence against act of a
of a person of unsound mind, etc. person of unsound mind, etc.
eB
99 Act against which there is no right to 37 Acts against which there is no right of
private defence private defence
100 When the right of private defence of the 38 When right of private defence of body
pl
body extends to causing death extends to causing death

m

Sa
102 Commencement and continuance of the 40 Commencement and continuance of

right of private defence of the body right of private defence of body
103 When the right of private defence of 41 When right of private defence of
property extends to causing death property extends to causing death
105 Commencement and continuance of the 43 Commencement and continuance of
right of private defence of property right of private defence of property
106 Right of private defence against deadly 44 Right of private defence against deadly
assault when there is risk of harm to assault when there is risk of harm to
innocent person innocent person
107 Abetment of a thing 45 Abetment of a thing
108 Abettor 46 Abettor
108A Abetment in India of offences outside 47 Abetment in India of offences outside
India India

Newly Introduced Provisions
NEWLY INTRODUCED PROVISIONS IN BHARATIYA NYAYA SANHITA, 2023
BHARATIYA NYAYA SANHITA, 2023

SECTION PROVISION
2(3) "child"
48 Abetment outside India for offence in India
69 Sexual intercourse by employing deceitful means, etc.
95 Hiring, employing or engaging a child to commit an offence
103(2) Punishment for murder/ Mob lynching
106(2) Causing death by negligence
111 Organised crime
112 Petty organised crime
113 Terrorist act
117(3) Voluntarily causing grievous hurt – causes hurt which causes that person to be in permanent
iew
disability or in persistent vegetative state
117(4) Voluntarily causing grievous hurt – causes grievous hurt on the ground of a person’s race, caste
or community, sex etc.
ev
152 Acts endangering sovereignty, unity and integrity of India
195(2) Assaulting or obstructing public servant when suppressing etc.
197(1)(d)
Pr
Imputations, assertions prejudicial to national integration – makes or publishes false or
misleading information, jeopardizing the sovereignty, unity and integrity or security of India
k
226 Attempt to commit suicide to compel or restrain exercise lawful power
oo
304 Snatching
324(3) Mischief – causes loss or damage to property of government or local authority
341(3)/(4)
eB
Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
Section 338
358 Repeal and savings
pl

m
Sa
404 Samarth Agrawal Books

Provisions of IPC Omitted in BNS
PROVISIONS OF INDIAN PENAL CODE, 1860 OMITTED IN BHARATIYA NYAYA SANHITA, 2023
INDIAN PENAL CODE, 1860

SECTION PROVISION
14 "Servant of Government"
18 India
50 "Section"
53A Construction of reference to transportation
124A Sedition
153AA Punishment for knowingly carrying arms in any procession or organising, or holding or taking
part in any mass drill or mass training with arms
236 Abetting in India the counterfeiting out of India of coin
237 Import or export of counterfeit coin.
238 Import or export of counterfeits of Indian coin
iew
264 Fraudulent use of false instrument for weighing
265 Fraudulent use of false weight or measure
266
ev
Being in possession of false weight or measure
267 Making or selling false weight or measure
309
310
Attempt to commit suicide
Thug
Pr
311 Punishment
k
377 Unnatural offences
oo
444 Lurking house trespass by night

446 House breaking by night
eB
497 Adultery

pl
m
Sa

Bharatiya Sakshya Adhiniyam, 2023
iew
ev
Pr
BHARATIYA SAKSHYA
k
ADHINIYAM, 2023
oo
eB
pl
m
Sa

iew
ev
Pr
k
oo
eB
pl
m
Sa

SCHEME OF THE ACT
 The Bharatiya Sakshya Adhiniyam, 2023 has been divided into Four Parts, Twelve Chapters and 170
Sections.
Part Chapter Facts
Part I Chapter 1 Preliminary [Sections 1-2]
Part II
(Relevancy Chapter 2 Relevancy of facts [Section 3-50]
of facts)  Relevancy of facts [Section 3-14]
 Admissions [Sections 15-21, 25]
 Confessions [Sections 22-24]
iew
 Statements by persons who cannot be called as witnesses
[Sections 26-27]
ev
 Statements made under special circumstances [Sections 28-32]
 Pr
How much of a statement is to be proved [Section 33]
 Judgments of Courts when relevant [Sections 34-38]

k
oo
 Opinion of third persons when relevant [Section 39-45]
 Character when relevant [Sections 46-50]

eB
Part III Chapter 3 Facts which need not be proved [Section 51-53]
(On Proof) Chapter 4 Oral Evidence [Sections 54-55]

pl
Chapter 5 Documentary Evidence [Section 56-93]

m
 Public documents [Sections 74-77]

Sa
 Presumption as to documents [Sections 78-93]
Chapter 6 The exclusion of oral by documentary evidence [Sections 94-103]
Part IV Chapter 7 Burden of proof [Sections 104-120]
(Production Chapter 8 Estoppel [Sections 121-123]
and effect Chapter 9 Witnesses [Sections 124-139]
of Evidence) Chapter 10 Examination of witnesses [Sections 140-168]
Chapter 11 Improper admission and rejection of evidence [Section 169]
Chapter 12 Repeal and Savings [Section 170]

Part I
PRELIMINARY
Extent, Applicability, Commencement and Object
Extent
 Section 1 of Bharatiya Sakshya Adhiniym, 2023 omits the provision on territorial extent.
CHANGES INTRODUCED
 Section 1 of Indian Evidence Act provided the provision of territorial extend. It laid down that
the Indian Evidence Act, 1872 extended to whole of India.
 One of the primary reasons for omission of the provision related to territorial extent is that it
iew
might have affected the admissibility of digitally generated evidence outside India.
Applicability and Commencement of Bharatiya Sakshya Adhiniyam, 2023
ev
 Section 1(2) of BSA applies to all judicial proceedings in or before any Court, including court-
Pr
martials, but not to affidavits presented to any court or officer, not to the proceedings before an
arbitrator.
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 BSA does not apply to –
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 Affidavits presented to any Court or an officer;

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 Proceedings before arbitrator;

 The Bharatiya Sakshya Adhiniyam, 2023 received Presidential assent on 25.12.2023 and will come into
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force from 01.07.2024.

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CHANGES INTRODUCED
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 Section 1 of IEA provided that the said Act did not apply to court-martials convened under
Army Act, the Navy (Discipline) Act and the Air Force Act.
 Section 1(2) of the BSA omitted the words ‘convened under the Army Act, the Navy
Discipline Act or the Indian Navy (Discipline) Act or the Air Force Act’.
 Judicial inquiry: An inquiry is judicial if the object is to determine a jural relation between the parties.
 Judicial proceedings: A judicial proceeding is one in the course of which evidence is or may be legally
taken on oath. [Section 2(i) of Code of Civil Procedure]
 The Act does not apply to affidavits because deponent’s assertion of facts on the basis of his personal
knowledge does not constitute ‘evidence’.
 Arbitrators have to follow the principles of natural justice but they are not bound by law of evidence.

Object:
 The Preamble of the Adhiniyam states that it is to consolidate and to provide for general rules and
principles of evidence for fair trial.
CHANGES INTRODUCED
 The Preamble of the Indian Evidence Act stated that the Act was to consolidate, define and
amend the law of evidence
 Law of evidence is a lex fori which governs the courts. [Bain v. White Raven and Furness Junction]
 The law of evidence does not affect substantive rights of the parties but only lays down the law for
facilitating the course of justice.
Definitions [Section 2]
 Scheme : The Bharatiya Sakshya Adhiniyam, 2023 is divided into 170 Sections and 12 Chapters.
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Court
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 The term ‘Court’ is defined in Section 2(1)(a). The word ‘Court’ includes all Judges and Magistrates
and all persons, except arbitrators, legally authorized to take evidence.
Fact Pr
 The term ‘Fact’ is defined in Section 2(1)(f). It means and includes:-
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 Any thing, state of things, relation of things, capable of being perceived by the senses;
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 Any mental condition of which, any person is conscious.

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For example
 There are certain objects arranged in a certain order in a certain place, is a fact.
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 That a man heard or saw something, is a fact

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 That a man said certain word is a fact.

 That a man holds a certain opinion, has certain intention, acts in a good faith or fraudulently, or uses
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a particular word in a particular sense, or was at a specified time conscious of a particular sensation,
is a fact.
 That a man has a certain reputation is a fact.
Facts
Physical Facts (External) Psychological Facts (Internal)
Capable of being perceived by the senses Any mental condition of which any
(Any thing, state of thing or relation of things) person is conscious

Facts in issue
 The term ‘Facts in issue’ is defined in Section 2(1)(g). It means and includes-
(i) Any fact from which either by itself or in connection with other facts, the existence, non-existence,
nature, or extent of any right, liability or disability is asserted or denied in any suit or proceedings,
necessarily follows.
(ii) Any fact asserted or denied in answer to an issue of fact recorded under Civil Procedure Code.
 Issues of fact are recorded under Order XIV Rule 1 of Code of Civil Procedure. As per Order XIV
Rule 1(1) – ‘Issues arise when a material proposition of fact or law is affirmed by one party and denied
by the other.’
 A fact in issue is called the ‘principal fact’ or factum probandum.
 Every fact that a plaintiff must prove in order to get a decision in his favour or which the defendant
proves to defeat the plaintiff ’s claim is a fact in issue.
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 All facts which are essential for determining right, duty, and disability or liability in question and asserted
by one party and denied by the other are called facts in issue.
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Relevant Fact
 Pr
The term ‘Relevant’ is defined in Section 2(1)(k). It lays down that a fact is said to be relevant to
another when the one is connected with the other in any of the ways referred to in the provisions of this
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Act relating relevancy of facts.
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 A fact in order to be a relevant fact must be connected with the fact in issue or with any other relevant
fact in any of the ways referred to in Sections 4-50.
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 The section only indicates when one fact becomes relevant to another. Normally, relevant facts are
those facts which are required for proof or disproof of a fact in issue.
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 Fact which are not themselves in issue but which may affect the probability of the existence of facts in
issue and can be used as the foundation of inferences respecting them are known as relevant fact.
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 Relevant facts are also known as evidentiary facts or factum probans as they have a certain degree of
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probative force.
Document
 The term ‘Document’ is defined in Section 2(1)(d). It means any matter expressed or described upon
any substance by means of letters, figures or marks or by any other means or by more than one of
those means, intended to be used, or which may be used for the purpose of recording that matter and
includes electronic and digital records.
For example
 Writing is a document
 A map or a plan is a document
 An inscription on a metal plate or stone is a document

 A caricature is a document.
 Words printed, lithographed or photographed are documents.
 An electronic record on emails, server logs, documents on computers, laptop or smartphone,
messages, website, locational evidence and voice mail messages stored on digital devices are docu-
ments.
Public Documents [Section 74(1)]
Types of Document
Private Documents [Section 74(2)]
Evidence
 The term ‘Evidence’ is defined in Section 2(1)(e). It means and includes –

 Oral Evidence: All statements including statements given electronically which the
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Court permits or requires to be made before it by witnesses in relation to matters
of fact under inquiry and such statements are called oral evidence;
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 Documentary Evidence : All documents including electronic or digital records produced for
the inspection of the Court, such documents are called documentary evidence.

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The above definition does not define the term evidence in real sense. It only states what evidence
includes.
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Evidence means anything which establishes the ‘principal fact’ or the ‘issue in question’ before the court.
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 Supreme Court in Pushpadevi M. Jatia v. M.L. Wadhawan, AIR 1987 SC 1748 held that evidence
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obtained through undesirable means can also be taken into consideration provided it is relevant.
 Supreme Court in Ronny v. State of Maharashtra, (1998) 3 SCC 625 held that evidence obtained in
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investigation of other crimes can also constitute good evidence in any other case provided it is relevant.
 Discovery of a fact with the help of tracker dog is scientific evidence. [Abdul Razak v. State]
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 Appreciation of evidence: It is the duty of the court to ascertain which part of evidence represents
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the truth and which part represents the falsity. In Mahendran v. State of Tamil Nadu, (2019) 5 SCC
67 Supreme Court held that maxim falsus in uno falsus in omnibus is not app;icable in India. This maxim
means false in one thing is false in all others.
Proved, Disproved, Not Proved
 Proved – Section 2(1)(j) defines the term ‘proved’. A fact is said to be proved, when after consider-
ing the matters before it, the court either believes it to exist, or considers its existence so probable that
a prudent man ought to act upon the supposition that it exists.
 Disproved – Section 2(1)(c) defines the term ‘disproved’. A fact is said to be disproved, when after
considering the matters before it, the court either believes that it does not exist, or considers its non-
existence so probable that a prudent man ought to act upon the supposition that it does not exist.

 Not proved – Section 2(1)(i) defines the term ‘not proved’. A fact is said not to be proved when it
is neither proved nor disproved.
 In Kuna v. State of Odisha, (2018) 1 SCC 296 Supreme Court held that the expression ‘proved’,
‘disproved’ and ‘not proved’ lays down the standard of proof, namely, about the existence or non—
existence of circumstances from a point of view of a prudent man.
May presume, Shall presume and Conclusive proof
 The term presumption is not defined in the Adhiniyam. It means that an inference is drawn from a
proved fact. Section 2(1)(h) defines ‘May presume’, Section 2(1)(l) defines ‘Shall presume’ and
Section 2(1)(b) defines the term ‘Conclusive proof ’.
 May presume [Section 2(1)(h)]: Whenever it is provided by this Adhiniyam that court ‘may pre-
sume’ a fact, it may either regard such fact as proved, unless or until it is disproved, or may call for
proof of it.
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 This kind of presumption is called as ‘presumptio hominis’. It is a presumption of fact.
 Such kind of presumption is provided under Sections 88, 89, 90, 92, 93 and 119 of the Bharatiya
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Sakshya Adhiniyam..
 Shall Presume [Section 2(1)(l)] - Whenever it is directed by this Act that the Court shall presume a
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fact, it shall regard such fact as proved, unless and until it is disproved.
 It is rebuttable presumption of law and court is bound to draw it unless it is disproved by evidence to
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contrary.
 Such kind of presumption is provided under Sections 78-87, 91 and 108 of the Bharatiya Sakshya
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Adhiniyam.
 Conclusive Proof [Section 2(1)(c)]- When one fact is declared by this Act to be conclusive proof of
another, the court shall, on proof of one fact, regard the other as proved, and shall not allow evidence
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to be given for the purpose of disproving it.

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 These are irrebutable presumption of law and cannot be rebutted by evidence to contrary.
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 Such kind of presumption is provided under Sections 35, 116 of the Bharatiya Sakhsya Adhiniyam.
CHANGES INTRODUCED
 The new definition of document specifically includes ‘digital records’ within the definition of
thee term ‘document’
 Section 2(1)(d) of BSA, 2023 introduces sixth illustration which clarifies that an electronic
record on emails, server logs, documents on computers, laptop or smartphone, messages, website,
locational evidence and voice mail messages stored on digital devices are documents.
 Under the new provision in order to qualify as ‘document’ or ‘documentary evidence’, it is not
necessary that the matter must be expressed or described upon any substance by means of
letters, figures or marks only. Any matter ‘otherwise recorded’ upon any substance ‘by any other
means’ will also qualify as ‘document’ or ‘documentary evidence’.

 Section 2(1)(e) of BSA, 2023 provides new definition of the term ‘evidence’. Under this
definition statements given electronically are to be treated as oral evidence. This also correspond
to Section 530 of Bharatiya Nagrik Suraksha Sanhita, 2023 which provides for the examination
of complainant and witness in electronic mode by use of electronic communication or by
audio-video electronic means.
THE RELEVANCY OF FACTS

Evidence may be given of facts in issue and relevant facts [Section 3]
 Section 3 provides that the evidence may be given in any suit or proceeding of the existence or non-
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existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of
no others.
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 Explanation - This section shall not enable any person to give evidence of a fact which he is disentitled
to prove by any provision of the law for the time being in force relating to Civil Procedure.
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For example, ‘A’ is tried for murder of ‘B’ by beating him with a club with the intention of causing death.
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Following facts are relevant at A’s trial:-
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 A’s beating ‘B’ with the club;
 A’s causing B’s death by such beating;

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 A’s intention to cause B’s death

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 This section deals with facts of which evidence can be given i.e. of facts in issue and relevant facts.
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 Relevant facts are those facts which in the eyes of law are so connected with the facts in issue that they
render their existence probable or improbable. [Sections 4-50]
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Logical and Legal Relevancy
 All facts, which are logically relevant, may not be legally relevant.
 One fact is said to be legally relevant to another when the one is connected with the other in any of the
ways refered to in Sections 4-50 the Adhiniyam.
 Whatever is legally relevant is logically relevant but not vice-vesa. For example, confession made to a
police officer may appear to be logically relevant but it is legally irrelevant.
 It is to be noted that question of relevancy is a question of law which has to be decided by the judge
and it can be raised at any stage of the proceeding.

Relevancy and Admissibility
 According to Phipson, relevancy denotes connection of two events as cause and effect. Relevant
means that which is logical probative. Admissibility on the other hand is not based on logic but
on law and strict rules.
 In Ram Bihari Yadav v. State of Bihar, (1994) 4 SSC 517 the Supreme Court held that terms
‘relevancy’ and ‘admissibility’ are not co-extensive on interchangeable terms. Their legal incidents
are different. All admissible evidence are usually relevant, but all relevant evidence are not admis-
sible.
 For example, the communication made by spouse during marriage, the communication be-
tween an advocate and his client, though relevant is not admissible.
 Relevancy is the genus of which admissibility is a species.
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Admissibility [Section 141]
 When evidence related to a certain relevant fact is sought to be introduced in court, the Adhiniyam
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under Section 141 empowers a judge to decide as to the admissibility of evidence.
 Evidence illegally obtained is admissible - If the evidence is relevant the court is not concerned by
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the method by which it was obtained or with the question whether that method was tortious but
excusable.
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Relevancy of facts forming part of same transaction [Section 4]
 Section 4 provides that facts which, though not in issue, are so connected with a fact in issue or a
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relevant fact so as to form part of the same transaction, are relevant, whether they occured at the
same time and place or at different time and places.
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For example,
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 ‘A’ is accused of murder of ‘B’ by beating him. Whatever was said or done by ‘A’ or ‘B’ or by by-
standers at the beating, or so shortly before or after it so as to form part of transaction, is relevant
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fact.
 ‘A’ is accused of waging war against the Government of India by taking part in an armed insurrec-
tion in which property is destroyed and troops are attacked, and goals are broken open. The
occurrence of these facts are relevant, as forming part of the general transaction, though ‘A’ may
not have been present at all of them.
 Under Section 4 facts which are so closely connected with the fact in issue or relevant so as to form
part of the same transaction are relevant.
 Same transaction: In order that different acts may constitute the same transaction they must be con-
nected by proximity of time, unity or proximity of place, continuity of action and community of
purpose or design. They may occur at same time and place or at different time and places.

 In Basanti v. State of Himachal Pradesh, (1987) 3 SSC 227 the Court held that when shortly after
murder, the person suspected of murder described the absence of the deceased by saying that he had
left the village, the court held that statement as part of the same transaction and thus relevant.
 In G. Vijayvardhan Rao v. State of Andhra Pradesh, AIR 1996 SC 2971 Supreme Court held that
for a statement to be part of transaction, it must be spontaneous and must be contemporaneous with
the fact. If the statement is made after the act is over and its maker has had time for reflection then it is
not relevant.
Res Gestae
 According to Taylor, Res Gestae is a fact, transaction or an event in continuity with the main
transaction. It will include everything which can be considered to be fairly connected with the
main event.
 There has to be a continuity of the transaction and in order to be Res Gestae there has to be an
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automatic and spontaneous connection between fact under question and fact in issue.
 Section 4 is direct manifestation of the doctrine of Res Gestae, while elements of it can also be
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found in Sections 5, 6, 7 and 12 of the Adhiniyam.
 In R.M. Malkani v. State of Maharashtra, (1973) 1 SCC 471 the Supreme Court held that
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contemporaneous tape record of a relevant conversation is a relevant fact.
 In R. v. Foster, the witnesses had seen only speeding vehicle and not the accident. The injured
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person explained him the nature of accident. He was allowed to give evidence of what the
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deceased said because it was part of res gestae.

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 In Gentela Rao v. State of Andhra Pradesh, (1996) 6 SCC 241 Supreme Court held that the
rule of res gestae is an exception to the general rule that hearsay evidence is not admissible.
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Facts which are the occasion, cause or effect of facts in issue [Section 5]
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 Section 5 makes the following facts relevant:-

Facts which are the occasion, cause or effect (immediate or otherwise) of facts in issue or relevant
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
facts.
 Facts which constitute the state of things under which they happened.
 Facts which afforded an opportunity for their occurence or transaction.
For example,
 The question is whether ‘A’ robbed ‘B’. The facts that, shortly before the robbery, ‘B’ went to a fair
with money in his possession, and that he showed it, or mentioned the fact that he had it, to third
persons are relevant.
 The question is whether ‘A’ murdered ‘B’. Marks on the ground, produced by a struggle at or near
the place where the murder was committed, are relevant facts.

 Occasion - Evidence can always be given of the set of circumstances which constituted the
occasion for happening of the principal fact. [see Illustration (a)]
 Cause - Why a particular act was done. It helps the court to connect a person with the act.
 Effects - Every act leaves behind certain effects which not only record the happening of the act,
but also throw light upon the nature of the act. [see Illustration (b)]
 Opportunity - No act can be done without the accused having an opportunity to do it. The
circumstances which provide an opportunity for the happening of a fact in issue is relevant [see
Illustration (c)]
 State of things - The facts which constitute the background in which the principal facts hap-
pened. For example - state of relation between parties, health of the deceased etc.
Motive, preparation and previous or subsequent conduct [Section 6]
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Section 6
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Conduct Motive Preparation
Previous Subsequent
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 Section 6 makes the following facts are relevant –
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 Motive - Any fact which shows or constitutes a motive for any fact in issue is a relevant fact.
 Preparation - Any fact which shows or constitutes preparation for any fact in issue is a relevant
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fact.
 Conduct - Conduct (previous or subsequent) of any party or his agent or an accused is relevant, if
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such conduct influences or is influenced by any fact in issue or relevant fact.

 Explanation 1 - The word ‘conduct’ in this section does not include statements, unless those state-
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ments accompany and explain acts other than statements; but this explanation is not to effect the
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relevancy of statements under any other sections of this Adhiniyam.

 Explanation 2 - When the conduct of any person is relevant, any statement made to him or in his
presence and hearing, which affects such conduct, is relevant.
Motive
 Motive is that which induces a person to act in a certain way. It is a power which impels a person to do
an act.
 Evidence of motive is always relevant, for men do not act wholly without motive. Evidence of motive
helps the court to connect the accused with the deed.
 In a case based on circumstantial evidence motive assumes great significance. [Rishipal v. State of
Uttarakhand, AIR 2013 SC 3641]

 In Prem Singh v. State of NCT of Delhi, AIR 2023 SC 193 Supreme Court held that motive when
proved supplies additional link in the chain of circumstantial evidence but, the absence of motive
cannot, by itself be a ground to reject the prosecution case, although absence of motive in a case based
on circumstantial evidence is a factor that weighs in favour of accused.
Illustration for motive
 ‘A’ is tried for murder of ‘B’. The facts that ‘A’ murdered ‘C’, that ‘B’ knew that ‘A’ had murdered
‘C’, and that ‘B’ had tried to extort money from ‘A’ by threatening to make his knowledge public,
are relevant.
Preparation
 Preparation connotes the means and measures necessary for commission of any offence. Preparation is
the instance of previous conduct of a party which influences the facts in issue or is influenced by the
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facts in issue.
Illustrations for preparation
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 ‘A’ is tried for murder of ‘B’ by poison. The fact that, before the death of ‘B’, ‘A’ procured poison
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similar to that which was administered to ‘B’ is relevant.
 The question is, whether a certain document is the Will of ‘A’. The facts that, not long before the
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date of the alleged Will, ‘A’ made inquiry into matters to which the provisions of the alleged Will
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relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other
Wills to be prepared of which he did not approve, are relevant.
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Conduct
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 The conduct (previous or subsequent) is relevant if -

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 The conduct is in reference to the facts in issue or relevant facts.

The conduct is such as influence or is influenced by the fact in issue or relevant facts.
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 The conduct of following persons is relevant:-

 The plaintiff, the defendant and their agent in civil proceedings; and
 In criminal cases the accused, the private complainant or the person against whom the offence is
committed.
Kinds of conduct
Conduct in reference Conduct in reference Conduct of a complainant

to such suit or proceeding to any fact in issue or
relevant facts

Fact necessary to explain or introduce facts [Section 7]
 Section 7 makes the following facts relevant –

 Which are necessary to explain or introduce fact in issue or relevant fact.
 Which support or rebut an inference suggested by a fact in issue or relevant fact.
 Which establish the identity of a person or a thing whose identity is relevant.
 Which fix the time or place at which any fact in issue or relevant fact has occured.
 Which shows the relation of the parties by whom any fact in issue or relevant fact was transacted,
in so far as they are necessary for the purpose.
For example
 The question is, whether a given document is a Will of ‘A’. The state of A’s property and of his
family at the date of alleged Will may be relevant facts.
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 ‘A’ sues ‘B’ for a libel imputing disgraceful conduct to ‘A’. ‘B’ affirms that the matter alleged to be
libelous is true. The position and relation of parties at the time when libel was published may be
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relevant facts as introductory to the facts in issue.
Test Identification Parade (TIP)

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Identification parade is relevant under Section 7. It must be noted that Supreme Court in Surendra
Narain v. State of U.P., AIR 1998 SC 3031 held that holding identification parade is not
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compulsory even when the accused demands it. Prosecution is not bound to do so.
 If the adequate precautions are observed, the evidence with regard to the test identification
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parade may be used by the court for the purpose of corroboration.

 In Rajesh v. State of Haryana, (2020) Supreme Court held that the identification in the course
of test identification parade is intended to lend assurance to the identity of the accused.
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 It is used to test and strengthen trustworthiness of the witness. Identification of the accused at
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the test identification parade or in a court is not sine qua non for conviction.
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 Supreme Court in Ram Lochan v. State of West Bengal, AIR 1963 SC 1074 Superimposed
photograph of the deceased over the skeleton of human body was admissible to prove that
skeleton was that of the deceased.
 In Pammi v. Govt. of M.P., (1998) 6 SCC 609 failure to hold TIP is not fatal to the prosecu-
tion case where the accused persons were previously known to the witness.
 In Chunthuram v. State of Chhattisgarh, (2020) 10 SCC 733 Supreme Court held that test
identification evidence is not substantive evidence. It can only be used for the purpose of cor-
roboration. When identifications are held in police presence, resultant communications tanta-
mount to statements made by identifiers to a police officer in course of investigation and they
fall within the ambit of Section 162 Cr.P.C. (now Section 181 of Bharatiya Nagrik Suraksha Sanhita,
2023)

 In Mukesh Singh v. State (NCT of Delhi), AIR 2023 SC 4097 Supreme Court held that it is
well settled that the substantive evidence is the evidence of identification in court and the test
identification parade provides corroboration to the identification of the witness in court, if
required. However, what eight must be attached to the evidence of identification in court, which
is not preceded by a test identification parade is a matter for the courts of fact to examine.
Things said or done by a conspirator in reference to a common design [Section 8]
 Section 8 provides that where there is a reasonable ground to believe that two or more persons have
conspired together to commit an offence or an actionable wrong, anything said, done or written by any
one of such persons in reference to their common intention, after the time when such intention was first
entertained by any one of them, is a relevant fact as against each of the persons believed to so conspir-
ing, as well as for the purpose of proving the existence of a conspiracy as for the purpose of showing
that any such person was a party to it.
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 Conditions of relevancy under Section 8 : Following are the conditions of relevancy under Section
8:-
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1. There must be a reasonable ground to believe that two or more persons have entered into a
conspiracy.
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2. The impugned act must have been done after the time when the intention to conspire was first
entertained by any of them.
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3. The act must have been done in reference to their common intention.
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 Evidence can be given for following purpose:-

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1. Prove the existence of conspiracy; and

2. Show that a particular person was a party to the conspiracy.
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 In Kehar Singh v. Delhi Administration, AIR 1980 SC 1883 Supreme Court held that only prima facie
case of conspiracy has to be made out to bring Section 10 (now Section 8 of Bharatiya Sakshya Adhiniyam,
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2023) into operation.

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 If prima facie evidence of existence of a conspiracy is given and accepted, the evidence of acts and
statements made by anyone of the conspirators in furtherance of the common object is admissible
against all.
 Supreme Court in Sardul Singh v. State of Bombay, AIR 1957 SC 747 held that the principle
underlying evidence under Section 10 (now Section 8 of Bharatiya Sakshya Adhiniyam, 2023) is the ‘theory
of agency’.
 In Mirza Akbar v. Emperor, AIR 1940 PC 176, court held that the term ‘common intention’ used in
Section 10 (now Section 8 of Bharatiya Sakshya Adhiniyam, 2023) signifies a common intention existing at
the time when the thing was said, done or written by one of them. Any statement, narrative or confes-
sion made after the common intention or conspiracy was no longer operating is not admissible under
Section 10. (now Section 8 of Bharatiya Sakshya Adhiniyam, 2023)

BHARATIYA SAKSHYA ADHINIYAM, 2023 & INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023 INDIAN EVIDENCE ACT, 1872

1 Short title, application and 1 Short title, extent and commencement
commencement
2(1) Definitions 3 Interpretation clause
2(1)(a) "Court" 3, para 1 "Court"
2(1)(b) "conclusive proof" 4, para 3 "Conclusive proof"
2(1)(c) "disproved" 3, para 8 "Conclusive proof
2(1)(d) "document" 3, para 5 "Document"
2(1)(e) "evidence" 3, para 6 "Evidence"
2(1)(f) "fact" 3, para 2 "Fact"
2(1)(g) "facts in issue" 3, para 4 "Facts in issue"
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2(1)(h) "may presume" 4, para 1 "May presume"
2(1)(i) "not proved" 3, para 9 "Not proved"
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2(1)(j) "proved" 3, para 7 "Proved"
2(1)(k) "relevant" 3, para 3 "Relevant"
2(1)(l)
2(2)
"shall presume"
Words and Expressions (New)
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4, para 2
-
"Shall presume"
-
3 Evidence may be given of facts in issue 5 Evidence may be given of facts in issue
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and relevant facts and relevant facts
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4 Relevancy of facts forming part of same 6 Relevancy of facts forming part of same
transaction transaction
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5 Facts which are the occasion, cause or 7 Facts when are the occasion, cause or
effect of facts in issue or relevant facts effect of facts in issue
6 Motive, preparation and previous or 8 Motive, preparation and previous or
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subsequent conduct subsequent conduct

7 Facts necessary to explain or introduce 9 Facts necessary to explain or introduce
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fact in issue or relevant facts relevant facts

8 Things said or done by conspirator in 10 Things said or done by conspirator in
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reference to common design reference to common design

9 When facts not otherwise relevant 11 When facts not otherwise relevant
become relevant become relevant
10 Facts tending to enable Court to 12 In suits for damages, facts tending to
determine amount are relevant in suits enable Court to determine amount are
for damages relevant
11 Facts relevant when right or custom is in 13 Facts relevant when right or custom is in
question question
12 Facts showing existence of state of mind, 14 Facts showing existence of state of mind,
or of body or bodily feeling or of body or bodily feeling
13 Facts bearing on question 15 Facts bearing on question whether act
was accidental or intentional
14 Existence of course of business when 16 Existence of course of business when
relevant relevant
15 Admission defined 17 Admission defined

Comparative Table of Sections of Bharatiya Sakshya Adhiniyam, 2023 & Indian Evidence Act, 1872
, BHARATIYA SAKSHYA ADHINIYAM, 2023 INDIAN EVIDENCE ACT, 1872

16 Admission by party to proceeding or his 18 Admission by party to proceeding or his
agent agent
17 Admissions by persons whose position 19 Admissions by persons whose position
must be proved as against party to suit must be proved as against party to suit
18 Admission by persons expressly referred 20 Admissions by persons expressly
to by party to suit referred to by party to suit
19 Proof of admissions against persons 21 Proof of admissions against persons
making them, and by or on their behalf making them, and by or on their behalf
20 When oral admissions as to contents of 22 When oral admissions as to contents of
documents are relevant documents are relevant
21 Admissions in civil cases when relevant 23 Admissions in civil cases, when relevant
22 Confession caused by inducement, 24 Confession caused by inducement, threat
threat, coercion or promise, when or promise, when irrelevant in criminal
irrelevant in criminal proceeding proceeding
iew
Proviso I to Confession made after removal of 28 Confession made after removal of
22 impression caused by inducement, threat impression caused by inducement, threat
or promise, relevant or promise, relevant
ev
Proviso II Confession otherwise relevant not to 29 Confession otherwise relevant not to
to 22 become irrelevant because of promise of become irrelevant because of promise of
23(1)
secrecy etc.
Confession to police officer
Pr 25
secrecy etc.
Confession to police officer not to be
proved
k
23(2) Confession by accused while in custody 26 Confession by accused while in custody
oo
of police not to be proved against him of police not to be proved against him
Proviso to How much of information received from 27 How much of information received from
eB
23(2) accused may be proved accused may be proved

24 Consideration of proved confession 30 Consideration of proved confession
affecting person making it and others affecting person making it and others
pl
jointly under trial for same offence jointly under trial for same offence.
25 Admissions not conclusive proof, but 31 Admissions not conclusive proof, but
m
may estop may estop

26 Case in which statement of relevant fact 32 Cases in which statement of relevant fact
Sa
by person who is dead or cannot be by person who is dead or cannot be

found, etc., is relevant found, etc., is relevant
27 Relevancy of certain evidence for 33 Relevancy of certain evidence for
proving, in subsequent proceeding, truth proving, in subsequent proceeding, the
of facts therein stated truth of facts therein stated
28 Entries in books of account when 34 Entries in books of account including
relevant those maintained in an electronic form
when relevant
29 Relevancy of entry in public record or an 35 Relevancy of entry in public record or an
electronic record made in performance electronic record made in performance
of duty of duty
30 Relevancy of statements in maps, charts 36 Relevancy of statements in maps, charts
and plans and plans
31 Relevancy of statement as to fact of 37 Relevancy of statement as to fact of
public nature contained in certain Acts public nature, contained in certain Acts
or notifications or notifications

32 Relevancy of statements as to any law 38 Relevancy of statements as to any law
contained in law books including contained in law books
electronic or digital form
33 What evidence to be given when 39 What evidence to be given when
statement forms part of a conversation, statement forms part of a conversation,
document, electronic record, book or document, electronic record, book or
series of letters or papers series of letters or papers
34 Previous judgments relevant to bar a 40 Previous judgments relevant to bar a
second suit or trial second suit or trial
35 Relevancy of certain judgments in 41 Relevancy of certain judgments in
probate, etc., jurisdiction probate, etc., jurisdiction
36 Relevancy and effect of judgments, 42 Judgments, etc., other than those
orders or decrees, other than those mentioned in Sections 40 to 42, when
mentioned in Section 35 relevant
iew
37 Judgments etc., other than those 43 Judgments etc., other than those
mentioned in Sections 34, 35 and 36 mentioned in Sections 40 to 42 when
when relevant relevant
ev
38 Fraud or collusion in obtaining 44 Fraud or collusion in obtaining
judgment, or incompetency of Court, judgment, or incompetency of Court,
may be proved may be proved
39(1) Opinions of experts
Pr 45 Opinions of experts
39(2) Opinion of Examiner of electronic 45A Opinion of Examiner of electronic
k
Evidence Evidence
oo
40 Facts bearing upon opinions of experts 46 Facts bearing upon opinions of experts
41(1) Opinion as to handwriting and signature, 47 Opinion as to handwriting, when
when relevant relevant
eB
41(2) Opinion as to electronic signature when 47A Opinion as to electronic signature when
relevant relevant
pl
42 Opinion as to existence of general 48 Opinion as to existence of right or

custom or right, when relevant custom, when relevant
m
43 Opinion as to usages, tenets, etc., when 49 Opinions as to usages, tenets, etc., when
relevant relevant
Sa
44 Opinion on relationship, when relevant 50 Opinion on relationship, when relevant

45 Grounds of opinion, when relevant 51 Grounds of opinion, when relevant
46 In civil cases character to prove conduct 52 In civil cases character to prove conduct
imputed, irrelevant imputed, irrelevant
47 In criminal cases previous good 53 In criminal cases, previous good
character relevant character relevant
48 Evidence of character or previous sexual 53A Evidence of character or previous sexual
experience not relevant in certain cases experience not relevant in certain cases
49 Previous bad character not relevant, 54 Previous bad character not relevant,
except in reply except in reply
50 Character as affecting damages 55 Character as affecting damages
51 Fact judicially noticeable need not be 56 Fact judicially noticeable need not be
proved proved
52 Facts of which Court shall take judicial 57 Facts of which Court must take judicial
notice notice


53 Facts admitted need not be proved 58 Facts admitted need not be proved
54 Proof of facts by oral evidence 59 Proof of facts by oral evidence
55 Oral evidence to be direct 60 Oral evidence must be direct
56 Proof of contents of documents 61 Proof of contents of documents
57 Primary evidence 62 Primary evidence
58 Secondary evidence 63 Secondary evidence
59 Proof of documents by primary evidence 64 Proof of documents by primary evidence
60 Cases in which secondary evidence 65 Cases in which secondary evidence
relating to documents may be given relating to documents may be given
61 Electronic or digital record (New) - -
62 Special provisions as to evidence relating 65A Special provisions as to evidence relating
to electronic record to electronic record
63 Admissibility of electronic records 65B Admissibility of electronic records
iew
64 Rules as to notice to produce 66 Rules as to notice to produce
65 Proof of signature and handwriting of 67 Proof of signature and hand-writing of
person alleged to have signed or written person alleged to have signed or written
ev
document produced document produced
66 Proof as to electronic signature 67A Proof as to electronic signature
67 Proof of execution of document required
by law to be attested
Pr 68 Proof of execution of document required
by law to be attested
68 Proof where no attesting witness found 69 Proof where no attesting witness found
k
69 Admission of execution by party to 70 Admission of execution by party to
oo
attested document attested document

70 Proof when attesting witness denies 71 Proof when attesting witness denies the
eB
execution execution
71 Proof of document not required law to 72 Proof of document not required by law
be attested to be attested
pl
72 Comparison of signature, writing or seal 73 Comparison of signature, writing or seal

with others admitted or proved with others admitted or proved
m
73 Proof as to verification of digital 73A Proof as to verification of digital

signature signature
Sa
74(1) Public and private documents 74 Public documents

74(2) Public and private documents 75 Private documents
75 Certified copies of public documents 76 Certified copies of public documents
76 Proof of documents by production of 77 Proof of documents by production of
certified copies certified copies
77 Proof of other official documents 78 Proof of other official documents
78 Presumption as to genuineness of 79 Presumption as to genuineness of
certified copies certified copies
79 Presumption as to documents produced 80 Presumption as to documents produced
as record of evidence, etc. as record of evidence
80 Presumption as to Gazettes, newspapers, 81 Presumption as to Gazettes, newspapers,
and other documents private Acts of Parliament and other
documents
81 Presumption as to Gazettes in electronic 81A Presumption as to Gazettes in electronic
or digital record forms

82 Presumption as to maps or plans made 83 Presumption as to maps or plans made
by authority of Government by authority of Government
83 Presumption as to collections of laws 84 Presumption as to collections of laws
and reports of decisions and reports of decisions
84 Presumption as to powers of attorney 85 Presumption as to powers of attorney
85 Presumption as to electronic agreements 85A Presumption as to electronic agreements
86 Presumption as to electronic records and 85B Presumption as to electronic records and
electronic signatures electronic signatures
87 Presumption as to Electronic Signature 85C Presumption as to Electronic Signature
Certificates Certificates
88 Presumption as to certified copies of 86 Presumption as to certified copies of
foreign judicial records foreign judicial records
89 Presumption as to books, maps and 87 Presumption as to books, maps and
charts charts
iew
90 Presumption as to electronic messages 88A Presumption as to electronic messages
91 Presumption as to due execution, etc., of 89 Presumption as to due execution, etc., of
documents not produced documents, not produced
ev
92 Presumptin as to documents thirty years 90 Presumption as to documents thirty
old years old
93 Presumption as to electronic records five
years old
Pr 90A Presumption as to electronic records five
years old
k
94 Evidence of terms of contracts, grants 91 Evidence of terms of contracts, grants
and other dispositions of property and other dispositions of properly
oo
reduced to form of document reduced to form of document

95 Exclusion of evidence of oral agreement 92 Exclusion of evidence of oral agreement
eB
96 Exclusion of evidence to explain or 93 Exclusion of evidence to explain or

amend ambiguous document amend ambiguous document
97 Exclusion of evidence against application 94 Exclusion of evidence against application
pl
of document to existing facts of document to existing facts

98 Evidence as to document unmeaning in 95 Evidence as to document unmeaning in
m
reference to existing facts reference to existing facts

99 Evidence as to application of language 96 Evidence as to application of language
Sa
which can apply to one only of several which can apply to one only of several
persons persons
100 Evidence as to application of language to 97 Evidence as to application of language to
one of two sets of facts, to neither of one of two sets of facts, to neither of
which the whole correctly applies which the whole correctly applies
101 Evidence as to meaning of illegible 98 Evidence as to meaning of illegible
characters, etc. characters, etc.
102 Who may give evidence of agreement 99 Who may give evidence of agreement
varying terms of document varying terms of document
103 Saving of provisions of Indian 100 Saving of provisions of Indian
Succession Act relating to wills Succession Act relating to wills
104 Burden of proof 101 Burden of proof
105 On whom burden of proof lies 102 On whom burden of proof lies
106 Burden of proof as to particular fact 103 Burden of proof as to particular fact
107 Burden of proving fact to be proved to 104 Burden of proving fact to be proved to
make evidence admissible make evidence admissible
INDIAN EVIDENCE ACT, 1872 & BHARATIYA SAKSHYA ADHINIYAM, 2023
INDIAN EVIDENCE ACT, 1872 BHARATIYA SAKSHYA ADHINIYAM, 2023

1 Short title, extent and 1 Short title, application and
commencement commencement
2 Repeal of enactments [Repealed] 170 Repeal and savings
3 Interpretation clause 2 Definitions
3, para 1 "Court" 2(1)(a) "Court"
3, para 2 "Fact" 2(1)(f) "Fact"
3, para 3 "Relevant" 2(1)(k) "relevant"
3, para 4 "Facts in issue" 2(1)(g) "facts in issue"
3, para 5 "Document" 2(1)(d) "document"
3, para 6 "Evidence" 2(1)(e) "evidence"
iew
3, para 7 "Proved" 2(1)(j) "proved"
3, para 8 "Disproved" 2(1)(c) "disproved"
3, para 9 "Not proved" 2(1)(i) "not proved"
ev
3, para 10 "India" - -
4, para 1 "may presume" 2(1)(h) "may presume"
4, para 2
4, para 3
"Shall presume"
"Conclusive proof"
Pr2(1)(l)
2(1)(l)
"Shall presume"
"Conclusive proof"
5 Evidence may be given of facts in 3 Evidence may be given of facts in
k
issue and relevant facts issue and relevant facts
oo
6 Relevancy of facts forming part of 4 Relevancy of facts forming part of

same transaction same transaction
eB
7 Facts which are the occasion, cause 5 Fact which are the occasion, cause or
or effect of facts in issue effect of facts in issue or relevant
facts
8 Motive, preparation and previous or 6 Motive, preparation and previous or
pl
subsequent conduct subsequent conduct

m
9 Facts necessary to explain or 7 Facts necessary to explain or

introduce relevant facts introduce fact in issue or relevant
Sa
facts
10 Things said or done by conspirator in 8 Things said or done by conspirator in
reference to common design reference to common design
11 When facts not otherwise relevant 9 When facts not otherwise relevant
become relevant become relevant
12 In suits for damages, fact tending to 10 Facts tending to enable Court to
enable Court to determine amount determine amount are relevant in
are relevant suits for damages
13 Facts relevant when right or custom 11 Facts relevant when right or custom
is in question is in question
14 Facts showing existence of state of 12 Facts showing existence of state of
mind, or of body or bodily feeling mind, or of body or bodily feeling
15 Facts bearing on question whether 13 Fact bearing on question whether act
act was accidental or intentional was accidental or intentional
16 Existence of course of business when 14 Existence of course of business when
relevant relevant

Comparative Table of Sections of Indian Evidence Act, 1872 & Bharatiya Sakshya Adhiniyam, 2023
INDIAN EVIDENCE ACT, 1872 BHARATIYA SAKSHYA ADHINIYAM, 2023

17 Admission defined 15 Admission defined
18 Admission by party to proceeding or 16 Admission by party to proceeding or
his agent his agent
19 Admissions by persons whose 17 Admissions by persons whose
position must be proved as against position must be proved as against
party to suit party to suit
20 Admissions by persons expressly 18 Admissions by persons expressly
referred to by party to suit referred to by party to suit
21 Proof of admissions against persons 19 Proof of admissions against persons
making them, and by or on their making them, and by or on their
behalf behalf
22 When oral admissions as to contents 20 When oral admissions as to contents
iew
of documents are relevant of documents are relevant
22A When oral admissions as to contents - -
of electronic records are relevant
ev
23 Admissions in civil cases, when 21 Admissions in civil cases when
relevant relevant
24 Confession caused by inducement, 22 Confession caused by inducement,
threat or promise, when irrelevant in
criminal proceeding
Pr threat, coercion or promise, when
irrelevant in criminal proceeding
k
25 Confession to police officer not to be 23(1) Confession to police officer
proved
oo
26 Confession by accused while in 23(2) Confession by accused while in

custody of police not to be proved custody of police not to be proved
eB
against him against him

27 How much of information received Proviso to How much of information received
from accused may be proved 23(2) from accused may be proved
pl
28 Confession made after removal of Proviso I to 22 Confession made after removal of

impression caused by inducement, impression caused by inducement,
m
threat or promise, relevant threat or promise, relevant

29 Confession otherwise relevant not to Proviso II to 22 Confession otherwise relevant not to
Sa
become irrelevant because of promise become irrelevant because of

of secrecy, etc. promise of secrecy, etc.
30 Consideration of proved confession 24 Consideration of proved confession
affecting person making it and others affecting person making it and others
jointly under trial for same offence jointly under trial for same offence
31 Admissions not conclusive proof, but 25 Admissions not conclusive proof, but
may estop may estop
32 Cases in which statement of relevant 26 Cases in which statement of relevant
fact by person who is dead or cannot fact by person who is dead or cannot
be found, etc., is relevant be found, etc., is relevant
33 Relevancy of certain evidence for 27 Relevancy of certain evidence for
proving, in subsequent proceeding, proving, in subsequent proceeding,
the truth of facts therein stated truth of facts therein stated
34 Entries in books of account including 28 Entries in books of account when
those maintained in an electronic relevant
form when relevant

Newly Introduced & Omitted Provisions in BSA
NEWLY INTRODUCED PROVISIONS IN BHARATIYA SAKSHYA ADHINIYAM, 2023
BHARATIYA SAKSHYA ADHINIYAM, 2023

SECTIONS PROVISION
2(2) Words and expressions
61 Electronic or digital record
iew
ev
PROVISIONS OF INDIAN EVIDENCE ACT OMITTED IN BHARATIYA SAKSHYA
ADHINIYAM, 2023
INDIAN EVIDENCE ACT, 1872

Pr
k
SECTIONS PROVISION
oo
3, Para 10 "India"
22A When oral admissions as to contents of electronic records are relevant
82 Presumption as to document admissible in England without proof of seal or signature
eB
88 Presumption as to telegraphic messages

113 Proof of cession of territory
Power of jury or assessors to put questions
pl
166

m

Sa

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Samarth Agrawal Books LLP 1

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to our notice which shall be taken care of in the next edition.

Printed by: Goel Printers, Prayagraj

2 Samarth Agrawal Books LLP

Comparative Study of New Laws & Old Laws

Diagrammatic Presentation of Important Concepts

Point - wise Presentation for Easy Understanding

Samarth Agrawal Books LLP 3

necessary to navigate the intricacies of the evolving criminal laws.

Wishing you success in your legal endeavors.

Shreya Bhargava & Samarth Agrawal

4 Samarth Agrawal Books LLP

1. BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 CRIMINAL COURTS : CLASSES, CONSTITUTION & OFFICES .........19

 POWER OF COURTS .........26

 PROCESSES TO COMPEL APPEARANCE .........40

PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

 SECURITY FOR KEEPING PEACE AND FOR GOOD BEHAVIOUR .........54

 ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS .........57

 MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY .........62

 PREVENTIVE ACTION OF THE POLICE .........66

 INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE .........66

 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS .........93

 CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS .........98

 COMPLAINTS TO MAGISTRATE .........105

 COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES .........108

 THE CHARGE .........113

 TRIAL BEFORE A COURT OF SESSION ...........120

 TRIAL OF WARRANT CASES BY MAGISTRATE ...........125

Samarth Agrawal Books LLP 5

 SUMMARY TRIAL ..........132

 PLEA BARGAINING ..........134

 ATTENDANCE OF PERSONS CONFINED OR DETAINED IN THE PRISONS ..........137

 EVIDENCE IN INQUIRIES AND TRIALS ..........138

 GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS ..........144

 PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE ..........157

 THE JUDGMENT ..........159

 SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION ..........163

 PROVISIONS AS TO BAIL AND BONDS ..........177

 DISPOSAL OF PROPERTY ..........187

 IRREGULAR PROCEEDINGS ..........189

 LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES ..........190

 MISCELLANEOUS PROVISIONS ..........192

 COMPARATIVE TABLE OF SECTIONS OF BHARATIYA NAGRIK SURAKSHA SANHITA, ..........197

2023 & CODE OF CRIMINAL PROCEDURE, 1973

 COMPARATIVE TABLE OF SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973 & ..........219

BHARATIYA NAGRIK SURAKSHA SANHITA, 2023

 NEWLY INTRODUCED PROVISIONS IN BHARATIYA NAGRIK SURAKSHA SANHITA, ..........241

 PROVISIONS OF CODE OF CRIMINAL PROCEDURE, 1973 OMITTED IN ..........242

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

6 Samarth Agrawal Books LLP

 DEFINITIONS OF CRIME ..........245

 MENS REA ..........245

 GENERAL EXCEPTIONS ..........260

 ABETMENT, CRIMINAL CONSPRACY AND ATTEMPT ..........273

 OFFENCES AGAINST WOMEN AND CHILD ..........282

 OFFENCES AGAINST THE STATE ..........313