JB SERIES 1 LAW OF CRIMES

LAW OFCRIMES
( BNS )

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

 JB SERIES 2 LAW OF CRIMES

PAPER -IV LAW OFCRIMES Entire syllabus is changed asfollows.

Unit-l: Concept of crime -Meaning of Crime -Distinction between Crime and TortStagesof
Crime - Intention, Preparation, Attempt and Commission of Crime Elements of Crime-
Actus Reus and Mens rea -Codi cation of Law of Crimes in India - IPC, 1860-Application
of the Bharatiya Nyaya Sanhita, 2023 (Section 1-3 of BNS)-Territorial andExtra-Teritorial
Application (Section I of BNS)-De nition (Section 2 of BNS) -Punishments (Section4-13
ofBNS).

Unit-II: General Explanations -General Exceptions under BNS 2023- AbetmentCriminal

Conspiracy -Attempt -Offences against Women and Child- (Section 63-87 ofBNS)-Sexual
Ofences -Assault and Criminal Force against WomenOffences relating to Marriage-
Kidnapping and Abduction-Causing MiscarriageOffences against Child-(Section 88-99of
BNS)

Unit-II: Offences affecting Human Life (Section 100-113 of BNS)-CulpableHomicideand

Murder -Causing Death by Negligence-Organised Crime-Petty OrganisedCrime-Terrorist
Act-Offences affecting Human Body (Section 114-144 of BNS )-Hurt andGrievousHurt-
Wrong ful restraint and Wrongful con nement Criminal Force and Assault- Kidnapping
and Abduction.

Unit-IV: Offences against the State-Ofences Relating to Army, Navy and Air
ForceOffences relating to Election- Offences Relating to Coin, Currency-Notes, Bank-
Notes, and Government Stamps-Offences against Public TranquillityOffences by orrelating
to Public Servants -Contempt of Lawful Authorities of Public Servants-FalseEvidenceand
Offences against Public Justice-Offences affecting the Public Health, Safety,Convenience,
Decency and Morals.

Unit-V: Offences relating to Religion- Offences against Property - Theft - Extortion

Robbery & Dacoity - Cheating - Mischief - CrinminalTrespass - CriminalMisappropriation
of Property and Criminal Breach of Trust-Receiving Stolen Property - Ofences relatingto
Documents and Property Marks - Criminal Intimidation, Insult, Annoyance,Defamation.
*Note: A Comparative Study ofIPC, 1860 and BNS, 2023 shall be made wherever
Necessary. Suggested Readings: 1. BNS, 2023 Bare Act 2. Ratanlal and Dhiraj Lal: Indian
Penal Code, Wadhwa &Co.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
 JB SERIES 3 LAW OF CRIMES
INDEX

1. Crime
2. Men's Rea
3. Actus Reu
4. Assault
S. Abetment
6. Criminal Conspiracy
7. Organised crime
8. Petty organised crime
9. Codi cation of criminal Law
10. Terrorist act
11. Simple Hurt
12. Grievous Hurt
13. Wrongful Con nement
14. Wrongful restraint
15. Miscarriage
16. Kidnapping
17. Abduction
18. Criminal Force
19. Negligence
20. Culpable Homicide
21. Murder
22. Different types ofpunishments
23. Territorial application
24. Stalking
25. Rape:
26. Acid attack
27. Voyeurism
28. Extra Territorial application
29. Bigamy
30. Custodial Rape
31. Mistake of Fact
32. Preparation
33. Afray
34. Sedition
35. Public tranquility
36. Rioting
37. Unlawful assembly
38. Theft
39. Robbery
40. Dacoity
41. Criminal trespass

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
 JB SERIES 4 LAW OF CRIMES
42. Criminal misappropriation of property
43. Criminal Breach of trust
44. Criminal intimidation
45. Defamation

PART- B

1. Explain the key distinctions between crime and tot.

2. What are the various stages of crime ?
3. What are the primary objectives of the Bharatiya Nyaya Sanhita, 2023?
4. How does the Bharatiya Nyaya Sanhita, 2023 address extra-territorial offences?
5. Discuss the different theories of punishment recognized in criminal law.
6. Explain the signi cance of general exceptions in the application of criminal law.
7. Discuss the legal distinction btween conspiracy and attempt.
8. What are general exceptions in criminal law?
9. Discuss the rationale behind the various types of punishments under the Bharatiya Nyaya
Sanhita, 2023.
10. Discuss the legal implications of sexual offences as per the Bharatiya Nyaya Sanhita,
2023.
11. De ne criminal force and assault against women according to Sections 74 to 79 ofthe
Bharatiya Nyaya Sanhita, 2023.
12. Describe the protections provided for women under Sections 74 to 79
13. What are the offences relating to marriage as outlined in Sections 80 to 86 of the
Bharatiya Nyaya Sanhita, 2023?
14. Discuss the legal remedies available for offences relating to marriage under the
Bharatiya Nyaya Sanhita, 2023.
15. How does the law differentiate between kidnapping and abduction?
16. What are the offences against children as speci ed in Sections 93 to 99 of the
Bharatiya Nyaya Sanhita, 2023?
17. Differentiate between culpable homicide and murder under the Bharatiya Nyaya
Sanhita, 2023.
18. Explain the difference between wrongful restraint and wrongful con nement
according to Sections 126 and 127 of the Bharatiya Nyaya Sanhita, 2023.
19. What constitutes offences against the state under BNS, 2023?
20. Explain the legal provisions for offences relating to the Army, Navy, and Air Force
under BNS, 2023.
21. What are the various election-related offences covered under BNS, 2023?
22. Discuss the offences related to coin, currency-notes, bank-notes, and government
stamps under BNS, 2023

[Link] ne offences against public tranquillity as per BNS, 2023.

24. What constitutes offences by or relating to public servants under BNS, 2023?

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
 JB SERIES 5 LAW OF CRIMES
25. Explain the offences related to contempt of lawful authorities of public servants under
BNS, 2023.

[Link] constitutes false evidence and offences against public justice under BNS, 2023?
27. Discuss the legal provisions for offences affecting public health, safety, convenience,
decency, and morals under BNs, 2023.

[Link] constitutes offences relating to religion under BNS, 2023?

29. Explain the penalties for receiving stolen property under BNS, 2023.
30. How does BNS, 2023 address forgery and counterfeiting of documents?

[Link] the offences related to documents and property marks under BNS, 2023.

PART -A Answers

1, Crime

Ans. Crime refers to an act or omission that constitutes an offense punishable by law. It is
an unlawful activity that is deemed harmful or dangerous to individuals, property, or the
public welfare.

Essential Elements of Crime

Actus Reus (Guilty Act):This refers to the actual act or conduct that constitutes a criminal
offense. It can be an action, a threat of action, or the failure to act when there is a legal
obligation to do so.
Mens Rea (Guilty Mind): This refers to the mental state or intent of the person committing
the act. Different crimes require different levels ofmens rea, ranging from negligence to
intent.
• Concurrence: This principle states that the actus reus and mens rea must occur together for
an act to be considered a crime. The guilty mind must motivate the guilty act..
Harm: There must be some harm or damage caused by the act. This can be physical,
nancial, emotional, or societal.
Stages of Crime
Intention: One of the fundamental aspects of criminal law to commit a crime.
Preparation:The stage where the individual prepares or makes arrangements to commit the
crime.
Attempt:Taking direct action towards committing thecrimne but failing to complete it.
Accomplish ment :Successfully completing the criminal act

Types of Crimes:
• Crimes Against Persons:These include offenses that cause physical or mental harm to
another person. Examples include homicide, assault, and kidnapping.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
 JB SERIES 6 LAW OF CRIMES
• Crimes Against Property: These involve interference with another person's right to useor
enjoy their property. Examples include theft, burglary, and arson.
Crimes Against Public Order:These offenses disrupt the pcace and safety of the
community. Examples include riot, disorderly conduct, and public intoxication.
• White-Collar Crimes:Non-violent crimcs committed for nancial gain by individuals in
professional positions of trust. Examples include cmbezzlement, fraud, and insidertrading.
Organized Crimes:Crimes conducted by structured groups typically involved in illegal
activities for pro t. Examples include drug traf cking, human traf cking, andracketeering.
Punishment of Crimes: The punishment for crimes varies depending on the severityand
nature of the offense. It can include nes, imprisonment, community service, probation,and
in severe cases, capital punishment.

2. Men's Rea

Ans. Mens rea is a Latin phrase that means "guilty mind" and refers to the mental state ofan
accused of a crime. It's a requirement for a conviction in most common law jurisdictions,
along with actus reus, which is the physical act of the crime.

Essential Elements of Mens Rea:

Intention: It is the highest level of men's rea and refers to the purposeful mindset ofan
individual to commit a criminal act. For example, if a person plans and executes amurder
with the aim of causing death, this demonstrates direct intention.
Recklessness : It means that the individual is aware of the risk but chooses to proceed with
their actions anyway. For instance, if someone drives at high speed through a crowdedarca
knowing the risk he/she is acting recklessly.
Negligence: Failure to take proper care over something. An example of negligence is a
doctor performing a medical procedure without following standard protocols, leading to
harm to the patient.
Knowledge: It implies that the individual is aware that his/her actions are likely to causea
particular result .For instance, selling stolen goods with the knowledge that they arestolen
exempli es.

Importance of Mens Rea :

Determining Guilt: It differentiates between someone who committed an act intentionally

and someone who did so accidentally or without intent.
Grading of Offenses: The severity of the punishment often correlates with thedegreeof
mens rea.
Moral Blameworthiness: Mens rea re ects the moral blameworthiness of the individual

Men's Rea ensures that individuals are held accountable not only for their actions
but also for their intentions and mindset.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fi
fl
fi
fi
fi
fi
 JB SERIES 7 LAW OF CRIMES

[Link] Reus
Ans. Actus reus encompasses any conduct, behaviour, or physical action that violates the
law.
Voluntary Act : The act must be voluntary, means it is performed by the individual under
his/her own control.
Conduct: Actus reus can be an act of commission or omission (failure to act when there is
a legal duty to do so). The conduct must be prohibited by law to qualify as actus reus.
Example of commission: Assaulting anotherperson.
Example of omission: Failing to provide necessary care to a dependent child.

Circumstances: Certain conduct may only be criminal in speci c contexts.

Example: Driving without a license is only criminal if done on public roads.
Consequences: Some crimes require that the actus reus leads to a particular result or
consequence. Example: Homicide requires that the unlawful act leads to the death of
another person.

Importance of Actus Reus

Establishing Criminal Liability: Actus reus is essential in establishing criminal liability. It
ensures that individuals are only held accountable for actions they have voluntarily and
consciously performed.
Distinguishing Criminal Acts: Actus reus helps to distinguish between mere thoughts and
actual criminal acts.
Ensuring Fairness in the Legal System: By requiring a physical act or omission, the
principle of actus reus ensures that individuals are not punished solely for their intentions or
thoughts but for their actions that violate the law.
Actus reus is a crucial element in criminal law that focuses on the physical
act or unlawful omission that constitutes a criminal offense. Together with mens rea, it
forms the basis for establishing criminal liability. Understanding actus reus helps in
determining the conduct that the law seeks to prohibit and ensures fairness in the
administration of justice. .
letn
4. „Assault
Ans. Assault is an act that creates an apprehension in another person of imminent harmful
or offensive contact. It involves intentionally causing someone to fear imminent harmful or
offensive contact. Assault does not necessarily require physical contact; the threat of harm
alone can be suf cient.
Essential elements of Assault:
• Intentional Act: The perpetrator must intentionally perform an act that causes the victim to
apprehend imminent harmful or offensive contact.
Apprehension of Harm: The victim must reasonably believe that they are about to sufer
harmful or offensive contact. This belief must be based on the perpetrator's actions.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
 JB SERIES 8 LAW OF CRIMES
Inminence: The threat of harm must be immediate and not something that will occur in the
distant future.
Reasonableness: The victim's apprehension must be rcasonable under the circumstances.
This means that a reasonable person in the samne situation would also fecl apprehensive.

Types of Assault

Simple Assault:This involves a threat or attempt to cause physical harm to another

person without using a weapon.
Aggravated Assault:This is a more serious form of assault that involves the use of a
weapon or results in serious bodily injury.

Assault and Battery: While assault refers to the threat of harm, battery involves actual
physical contact that causes harm or offence.

The punishments of assault can vary depending on the severity of the act
and the jurisdiction. Penalties may include nes, imprisonment, probation, and mandatory
counselling or anger management programs.

5. Abetment

Ans. In BNSS sections 46 to 49 deal with abetment .According to Section 45 of BNSS

abetment means the act of encouraging, aiding, or instigating another person to commit an
offence

Section 46: De nes an abettor as someone who instigates, aids, or engages in a conspiracy
to commit an offence.
• Section 47: Clari es that abetment can occur even if the offence is committed outsideIndia,
as long as it would be considered an offence if committed in India.
• Section 48: Covers abetment of offences committed outside India for crimes committed
within Indian territory.
Section 49: Speci es that the punishment for abetment is the same as for the offence being
abetted.

Essential elements of Abetment :

Instigation:Instigating another person to commit a crimne involves encouraging or

persuading them to do so. This can be through direct incitement or wilfullzh
misrepresentation.
Conspiracy: Engaging with one or more persons in a conspiracy to commit a crime, where
an act or illegal omission takes place in pursuance ofthat conspiracy.
Aiding: Intentionally aiding the commission of a crime by any act or illegal omission.

Examples

Instigation: IfA falsely informs a police of cer that C is Z, knowing C is not Z, and the
of cer arrests C due to this misrepresentation, A has abetted the wrongful apprehension

Warning:Xerox/Photocopyingof thisbookisaCRIMINAL [Link] J8 SERIES

fi
fi
fi
fi
fi
fi
 JB SERIES LAW OF CRIMES
ofC.
• Conspiracy: If A and B conspire to commit theft, and B carries out the theft, A is liable
for abetment..

There have not been many changes made in BNS with respect to the offence of
abetment. It falls within the category of inchoate offences. Under BNS abetment has been
de ned generally as well as for particular offences.

6. Criminal Conspiracy
Ans. Criminal conspiracy isa crime that occurs when two or more people agrce to commit
an unlawful act or to use unlawful means to commit a lawful act. The accused does not nced
to know that the act is a crime, but they must know that the principal offender intends to
commit the crime. The accused can be held liable for the acts of others, even if they were
not present when the acts were committed.
ttyt
To prove the criminal conspiracy, the prosecution must establish the following:

Agreement: The conspirators must reach an agreement to commit the crime. The agreement
can be express (direct or verbal) or implied.
• Intention: The conspirators must intend to commit the crime.
Unlawful objective : The object of the agreement must be unlawful.
oosines
Overt act: One of the conspirators must commit an overt act in furtherance of the
agreement. The Criminal Code requires proof ofan overt act, but common law doesnot.

Example of Criminal Conspiracy

TPlanning a Robbery: If A and B agree to rob a bank and purchase masks and weapons for
the robbery, theiragreementandpreparationconstitute a criminal conspiracy. Eeiere

Liability: All partiesto theconspiracyareliable for thecriminalactscommitted inia

furtherance of the conspiracy. This means that each conspirator can be held respons ible for
the actions taken by others within the scope of the conspiracy.

Punishment : The punishment for criminal conspiracy under BNSS, 2023, is typically
equivalent to the punishment for the intended crime. For example, if the conspiracy is to
commit theft, the punishment for the conspiracy would be similar to that for theft.

To prove conspiracy, the prosecution must establish the existence of the

agreement, the unlawful objective, and any overt acts committed in furtherance of the
conspiracy. Direct evidence is not always necessary; circumstantial evidence and inferences
drawn from the behaviour of the conspirators can be suf cient.

7. Organised erime
Ans. De nition: Organized crime refers to any continuing unlawful activity, including
kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic
offenses, cyber-crimes, traf cking in people, drugs, illicit goods or services, and weapons.

Warning: Xerox/Photocopying of this book is a CRIMINALAC.. a iavetog JBSERIES

fi
fi
fi
fi
 JB SERIES 10 LAW OF CRIMES
These activitics are carried out by groups of individuals acting inconcert,
either as members of an organized crime syndicate or on behalf of such a syndicate.

Essential Ingredients:

The unlawful activity must be continuous.

The motive must be to commit crime for material or nancial gain.
The crime ust be committed using violence, threat of violence, intimidation, coercion,
comuption, or other unlawful means.

Examples of Organized Crime

• Kidnapping: Abducting individuals for ransom or other purposes.

Robbery: Planning and executing thefts, often involving multiple participants.
Cyber Crimes: Engaging in illegal activities such as hacking, online fraud, and identity
theft.
Human Traf cking: Exploiting individuals through force, fraud, or coercion for forced
labour or commercial sexual exploitation.
• Economic Offenses: Crimes like forgery, counterfeiting, nancial scams, and money
laundering.
• Illegal Arms Sales: Unauthorized sale and distribution of rearms and otherweapons.
• Cyber Crimes: Engaging in illegal activities such as hacking, online fraud, and identity
theft.

Punishment : If the offense results in the death of any person, the punishment is death or
imprisonment for life, along with a ne of at least ten lakhs rupees. In other cases, the
punishment is imprisonment for a term of at least ve years, which may extend to life
imprisonment, along with a ne of at least ve lakhs rupees.

[Link] organised erime

Ans. Petty organized crime refers to smaller-scale criminal activities that are
coordinated by groups or individuals. These activities are usually less severe than major
organized crimes but still involve a level ofplanning and cooperation among the
perpetrators.

Characteristics of Petty Organized Crime:

Coordination Among Individuals: Petty organized crimes involve multiple individuals

working together. The coordination might not be as sophisticated as in major organized
crimes but still requires some level ofplanning and execution.
Less Severe Offenses: The offenses involved are generally less severe than those in major
organized crimes. They might include activities such as petty theft, minor fraud, or small-
scale drug distribution.
Recurring Nature: These crimes are often recurring, meaning the group or individuals
repeatedly engage in such activities to generate a steady stream of illegal income.

Warning: Xerox/Photocopying of this book is a CRIMINALact.o J8SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 11 LAW OF CRIMES
• Use of Threats or Intimidation: While the level of violence might be lower compared to
major organized crimes, threats or intimidation can still be used to achieve the group's
objectives.

Examples of Petty Organized Crime

Petty Theft Rings: Groups of individuals coordinating to steal small items from stores or
individuals, often using tactics such as distraction or pickpocketing.
• Minor Fraud Schemes: Small-scalescamnsor frauds targeting individuals or businesses,
such as fake lottery schemes, phishing emails, or selling counterfeit goods.
Small-Scale Drug Distribution: Coordinated efforts to distribute small quantities of illegal
drugs within a local arca. This might involve multiple individuals working together to sell
drugs to a network of buyers.
Illegal Gambling Rings: Small groups organizing illegal gambling activities, such as
underground card games or betting operations, often within a limited geographic area.
Stealing in different ways : Stealing vehicles or parts of vehicles and items from inside
vehicles. Stealing from homes or businesses and goods during transportation. Stealing from
retail [Link]

Punishment : Petty organized crime is imprisonment for a term which shall not be less
than one year but may extend to seven years, along with a ne.

Attempted Crimes: Both the commission and attempt to commit such crimes are
punishable under the BNS.

Petty organized crimes, though less severe than major organized crimes,
pose a signi cant threat to community safety and public order.

[Link] cation of eriminal Law

Ans. The Bharatiya Nyaya Sanhita (BNS), 2023 represents a signi cant advancement
in the codi cation and modernization of criminal law in India. This comprehensive legal
framework consolidates various criminal laws, procedures, and regulations into a single,
coherent code.
Objectives of Codi cation under BNS:

• Simpli cation and Modernization: The BNS aims to simplify and modernize the criminal
justice system by integrating various criminal statutes into a single code. This ensures that
the laws are up-to-date and re ective of contemporary societal needs.
• Uniformity and Consistency: By codifying criminal laws, the BNS seeks to eliminate
discrepancies and inconsistencies that may arise from multiple sources of aw. It provides a
uniform set of rules that apply across the entire country.
• Accessibility and Clarity: The BNS makes criminal laws more accessible and
understandable to the general public, legal practitioners, and law enforcement agencies.
Clear de nitions and standardized procedures are provided for better comprehension and
application.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fl
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 12 LAW OF CRIMES
Impact of Codi cation :

• Enhanced Legal Certainty: Codi cation under the BNS enhances legal certainty by
providing a clear and consistent sct of rules. This helps in reducing legal disputes and
ensures that justice is administered fairly and predictably.
Improved Law Enforcement: The clear and comprehensive nature of the BNSS aids law
enforcement agencies in effectively investigating and prosccuting crimes. It provides them
with well-de ned procedures and legal tools to carry out their duties.
Public Awareness and Compliance:The accessibility of the codi ed laws under the BNSS
increascs public awareness and compliance. Citizens are better informed about their legal
rights and obligations, leading to greater adherence to the law.
• Judicial Ef ciency: The streanmlined procedures and clear legal framework under the BNS
contribute to the ef cicncy of the judiciary. This helps in reducing case backlogs and
ensuringtimely delivery ofjustice.
The codi cation of criminal law under the BNS 2023, marks a
signi cant step towards creating a modern, ef cient, and accessible criminal justice system
inIndia.

[Link] act
Ans. Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023, addressesthe offense of
terrorist acts. This section provides a comprehensive legal framework to combat terrorism
and safeguard public safety in India. Here are the key points:
Following activities are terrorist activities :

Use of Explosives and Weapons:Employing bombs, dynamite, rearms, or other lethal

weapons, as well as hazardous substances like poison or noxious gases, to create fear, cause
death, or serious bodily harm.
Damage to Property:Causing damage or destruction to property, disrupting essential
services, or destroying government or public facilities.
Interference with Infrastructure:Causing extensive interference with, damage to, or
destruction of critical infrastructure.
Intimidation of Government: Using intimidation to provoke or in uence thegovernment
or its organizations, causing or likely to cause death or injury to public functionaries, or
detaining individuals to compel the government to act or abstain from acting.
Economic Security:Strikes on economic security and monetary stability of the country.

Penalties for Terrorist Acts :

Resulting in Death:If the terrorist act results in the death of any person, the punishment is
death or imprisonment for life without the bene t of parole, along with a ne of at least ten
lakhs rupees.

Warning:>Xerox/Photocopying of this book isa CRIMINALact. JBSERIES

fi
fi
fl
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 13 LAW OF CRIMES
Other Cases: In other cases, the punishment is inmprisonment for a term of at least ve
years, which may extend to life imprisonment, along with a ne of at least ve lakhs
rupees.

Conspiracy and Preparation:Those who conspire, organize, or assist in terrorist acts, or

engage in preparatory acts, are punishable with imprisonment for a term of at least ve
years, which may extend to life imprisonment, along with a ne of at least ve lakhs
rupces.

Membership in Terrorist Organizations:Being a member of a terrorist organization

involved in terrorist acts is punishable with imprisonment for a term that may extend to life
imprisonment, along with a ne of at least ve lakhs rupees

By de ning terrorist acts and outlining severe penalties, the

BNSS aims to safeguard public safety and national security.

[Link] Hurt
Ans. It is covered under Section 118 of the BNS, which deals with voluntarily causing hurt
with the intent to extort or coercesomeone.
ExamplesofSimple hurt:
Pain or discomfort that lasts for a short duration.
Minor cuts, bruises or any super cial injuries that do not pose a serious threat to health or
life.
Injuries that do not result in permanent damage or signi cant impairment of bodily
functions.

In the Court following should be proved to punish the accused :

• Actus Reus: The physical act of causing harm must be established. This includes actions
such as striking, hitting, or any other form of physical contact that results in minor injuries.
Mens Rea: The intent or knowledge to cause harm must be present. This means the
perpetrator must have intended to cause hurt or acted with the knowledge that their actions
would likely cause hurt.

Punishment : The punishment for causing simple hurt under BNS includes imprisonment
for a term that may extend to one year, a ne, or both. The exact penalty can vary based on
the circumstances of the offense and the discretion of the court..

The law aims to address and penalize such actions to ensure

that individuals are held accountable for any form of physical harm they cause, even if it is
not severe.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 14 LAW OF CRIMES
12. Grievous Hurt
Ans. Grievous hurt , refers to severe forms of bodily injury that have signi cant impacts
on the victim's health or bodily functions. These injuries are more serious than simple hurt
and typically result in long-term consequences or permanent damage.
Grievous hurt, is de ned under Section 114 BNS, includes injuries such as
fractures, dis gurement, or any hurt that endangers life or causes severe bodily pain for 15
days. The offender can be sentenced to imprisonment of either description for a term up to
ve years, along with a ne of up to ten thousand rupecs!. The punishment for grievous hurt
varics as per the severity or seriousness of the offense.

Features of grievous hurt:

Permanent Dis gurement:Any injury that results in a lasting change to a person's physical
appearance, such as severe scars or burns.
Fractures:Broken or cracked bones are classi ed as grievous hurt due to their serious
nature and the prolonged recovery period required
Permanent Loss of Limb or Organ:Injuries that lead to the amputation or loss of function
of a limb or organ, such as the loss of an arm or leg, or the loss of eyesight or hearing.
Severe Physical Pain:Injuries that cause intense and prolonged physical pain, affecting the
victim's daily life and activities.
Permanent Loss of Senses:Injuries that result in the permanent loss of any of thesenses,
such as sight or hearing.

Essential elements to prove grievous hurt:

Actus Reus: The physical act of causing grievous hurt that leads to signi cant injury or
impairment must be established.
Mens Rea : The intent or knowledge to cause severe harm must be present.

Punishment : The offender can be sentenced to imprisonment of either description for a

term up to ve years, along with a ne of up to ten thousand rupees. The punishment for
grievous hurt varies as per the severity or seriousness of the offence.

[Link] Con nement

Ans. Under the Bharatiya Nyaya Sanhita (BNS), "wrongful con nement" is de ned in
Section 127, which essentially means the act of restricting a person's movement within
certain boundaries without any legal justi cation, essentially keeping someone con ned
against his/her will. It is generally used to extract information, property, or confessions
from the person or their associates.
Examples of Wrongful Con nement:

• Locking in a room: Forcing someone into a locked room and preventing him from leaving
constitutes wrong ul con nement.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. be JBSERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 15 LAW OF CRIMES
Threatening with Fire arms:Placing armed individuals at the exits of a building and
threatening to shoot anyone who tries to lcave is considered wrongful con nement.

[Link] restraint
Ans. Wrongful restraint is de ncd under Section 126 of the Bharatiya Nyaya Sanhita
(BNS), 2023. It involves voluntarily obstructing another person, preventing him/ her from
proceeding in any direction they have the right to go.
Essentialelements:

• Voluntary Obstruction: The obstruction must be done voluntarily, meaning the person
restraining must intend to block or prevent another from moving.
Right to Proceed: The person being restrained must have the legal right to proceed in that
direction.
Direction: The restraint can occur in any directionforward, backward, or sideways.

Exception

Good Faith Obstruction: The obstruction of a private way over land or water, done in
good faith and believed to be lawful, is not considered wrongful restraint.

Punishment :The person who commits wrongful restraint can face simple
imprisonment fora term which may extend to one month. The offender may also be
subjected to a ne, which can go up to 5,000 rupees. In some cases, the court may impose
both imprisonment and ne, depending on the circumstances of the offense.

Example : Blocking a Path: IfA blocks a path along which Z has a right to pass, and
A does not believe in good faith that they have a right to stop the path, A wrongfully
restrains Z.
2T sibalsont
gqeenbl
Wrongful restraint under BNS, 2023, is a preventive measure against the
infringement of a person's right to free movement. It does not necessarily require physical
harm or contact but simply involves obstructing someone's ability to proceed where they
have the legal right1.

[Link]
Ans. Miscarriage refers to the spontaneous loss of a pregnancy. It is also called a
spontaneous abortion and can occur due to various reasons, including genetic abnormalities,
maternal health issues, or trauma.
In criminal law, miscarriage refers to the unlawful termination of a
pregnancy, whether by force, consent, or negligence, except where permitted by law.

It is distinct from lawful abortions carried out under medical and legal
provisions like the Medical Termination ofPregnancy (MTP) Act.

Forced miscarriage resulting from violence or coercion (e.g., domestic violence or assault)
will be considered an aggravating factor and attract stricter penalties.

BNS provisions :

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
 JB SERIES 16 LAW OF CRIMES
Section 89: Causing Miscarriage without Consent: Causing miscarriage without the
woman's consent is punishable. The punishment includes imprisonment for 1ife or up to
ten years, or a ne, or bot
Section 90: Death Caused by Act Done with Intent to Cause Miscarriage: If anactdone
with the intent to cause miscarriage results in the death of the woman, the offender is
punishable . The punishment includes imprisonment for life or up to ten ycars, or a ne,
or bot
Section 91: Act Done with Intent to Prevent Child Being Born Alive or to Cause to Die
After Birth: Any act done with the intent to prevent a child from being born alive or
causing it to die after birth is punishable . The punishment includes imprisonment for life
or up to ten years, or a ne, or both

Exceptions:
Miscarriages performed under medical necessity or according to the provisions of the MTP
Act remain lawfal.
Cases involving therapeutic abortion, pregnancies caused by rape, or foetal abnormalities
fall under protected legal provisions.

The legal framework aims to protect the rights and safety of pregnant women
by imposing strict penalties on those who cause miscarriages unlawfully.

16. Kidnapping

Ans. kidnapping is de ned in Section 137 of BNS classi ed into two main types:

Kidnapping from India: This occurs when someone forcibly or unlawfully takes a person
beyond the borders of India without their consent or the consent of someone legally
authorized to give consent on their behalf.
Kidnapping from Lawful Guardianship: This involves taking or enticing away a child
below the age of eighteen years or a person with mental illness from the lawful custody of
their guardian without the guardian's consent .

Following are some reasons for kidnapping : Kidnapping can occur for various reasons,
often driven by motives that range from nancial gain to personal vendettas. Here are some
common reasons:

Ransom: Kidnappers may demand money in exchange for the safe return of the victim.
• Human Traf cking: Victims are kidnapped to be sold into forced labour, sexual
exploitation, or other forms of modern slavery.
Revenge or Personal Vendetta: Sometimes, kidnappings are carried out to settle personal
issues or as an act of revenge.
• Political Motives: In some cases, kidnappings are used as a tool for political leverage or to
make a statement.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
 JB SERIES 17 LAW OF CRIMES
Custody Disputes: In family disputes, one parent might kidnap their own child to gain
custody orcontrol.
• Forced Marriage: In certain cultures, kidnapping is used to force someone into marriage
against their will.
• Mental lIness: Some kidnappers may have psychological disorders that drive them to
commit such acts. ctc.

Punishment: The punishment for kidnapping under BNS 2023 can include imprisonment
for up to seven years and a ne.

17..Abduction
Ans. Abduction means taking someone away illegally by force or deception. It's like
kidnapping, but the focus is on moving the person from one place to another. Section 138 of
BNS deals with the crime of abduction.
Essential elements:

Force or Deception: The person is taken using physical force

• Without Consent: The person being taken does not agree to go.
Intent: The person taking someone has a speci c purpose, like holding them for ransom,
harming them, or forcing them to do something against their will.

Common Reasons for Abduction:

Ransom: Demanding money for the return of the person.

• Human Traf cking: Forcing someone into labour or sexual exploitation.
Custody Disputes: One parent taking a child without the other parent's permission.
• Personal Vendetta: To seekrevenge.
• Forced Marriage: Taking someone to force them into marriage.
Punishment: Abduction is a serious crime with severe penalties. This can include long-
term imprisonment and nes.

These provisions aim to protect individuals from being taken away or coerced
into situations that endanger their personal liberty, safety, or well-being. There are laws to
protect individuals from being abducted and to ensure that perpetrators are punished.

[Link] Force
Ans. Criminal Force is the intentional use of physical force against another person without
that person's consent, intending to:
• Cause injury, fear, or annoyance.
Compel them to do something they are not legally obliged to do.
• Prevent them from doing something they are legally entitled to do.

Examples of Criminal Force:

Pushing or shoving someone in a public place to cause annoyance or to start a ght.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
 JB SERIES 19 LAW OF CRIMES
Negligent Handling of Dangerous Substances :Failing to take precautions to prevent res,
leading to damage to property or injury to persons. Not following proper procedures for
handling, storing, or disposing of hazardous materials, resulting in environmental damage or
health risks.
Workplace Negligence :Not ensuring a safe working environment, leading to accidents or
injuries at the workplace.
Professional Negligence : Professionals, such as doctors, lawycrs, or engincers, failing to
perform their duties competently, causing harm to their clients or paticnts.

Punishment: The punishment for criminal negligence can include imprisonment for a term
which may extend to ve years, and the offender may also be liable to a ne.

These crimes under negligence highlight the importance of acting

responsibly and taking reasonable precautions to prevent harm to others

20. Culpable Homicide

Ans. Section 23 ofBNS deals with Culpable Homicide. Culpable Homicide refers to
causing death by an act with the intention of causing death, or with the knowledge that the
act is likely to cause death, but without the speci c intent to cause death which is required
for murder.
Essential elements :

• Intention: There must be an intention to cause death or bodily injury that is likely to cause
death.
• Knowledge: Even without an intention to cause death, if the act is done with the knowledge
that it is likely to cause death, it can still be considered culpable homicide.
Absence of Justi cation: The act must be without legal justi cation.

Types of Culpable Homicide:

• Culpable Homicide Not Amounting to Murder: This involves causing death without the
intention required for murder. It is a lesser offense compared to murder.
• Culpable Homicide Amounting to Murder: This involves causing death with the
intention required for murder. It is a serious offence.

Punishment :

• Culpable Homicide Not Amounting to Murder (Section 23): The term of imprisonment
can vary, and it may extend to life imprisonment or a term up to ten years, depending on the
gravity of the act and intent and may also be liable to pay a ne in addition to the
imprisonment
• Culpable Homicide Amounting to Murder (Section23): If theculpable homicide
amounts to murder, the punishment can include life imprisonment if the culpable homicide
amounts to the most heinous form of murder, the death penalty may be imposed and may
also be liable to pay a ne

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 18 LAW OF CRIMES
Forcibly taking an object from somcone's possession.
Preventing somcone from cntering a place they are legally allowed to enter by using
physical restraint.

Punishment for Criminal Force:

• Imprisonment: The punishment can extend to three years of imprisonment.

• Fine: The offender can also be subjected to a monetary ne.

• Combination: In some cases, both imprisonment and a ne may be imposed.

Exceptions: Acts done in good faith to prevent or avoid greater harm are not considered
criminal force. For example, restraining someone to prevent them from walking into a
dangerous area.

The legal framework under BNS 2023 aims to protect individuals from
unlawful physical acts that infringe on their personal freedom and security.

[Link]
Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 106 addresses criminal
negligence. Criminal negligence involves causing the death ofa person by doing any rash or
negligent act that does not amount to culpable homicide Crimes under negligence involve
situations where a person's carelessness or failure to take reasonable precautions results in
harm to another person.
Essential Ingredients:

• Death of an Individual: Criminal liability arises only when the victim has died due to the
negligent act.
• Negligent Act by the Accused: The death must be a direct result of a rash or negligent act
by the accused.
• Exclusion of Culpable Homicide: The accused's act should not fall under culpable
homicide, indicating an absence of intention or knowledge to cause death.
Mens Rea: While criminal negligence doesn't require explicit intention, there must be a
guilty state of mind, such as recklessness, indifference, or a callous attitude resulting from a
negligent or rash act.

Following are the crimes under negligence:

• Criminal Negligence : This involves causing the death of an individual due to a rash or
negligent act that doesnt amount to culpable homicide.
• Medical Negligence: This occurs when a healthcare professional fails to provide the
standard of care expected, resulting in injury or death to a patient.
Negligent Driving: Driving a vehicle in a manner that disregards the safety of others,
.
leading to accidents, injury, or death.
Endangering Public Safety: Engaging in activities that put the public at risk, such as
unsafe construction practices or not adhering to safety regulations.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
 JB SERIES 19 LAW OF CRIMES
Negligent Handling of Dangerous Substances :Failing to take precautions to prevent res,
leading to damage to property or injury to persons. Not following proper procedures for
handling, storing, or disposing of hazardous materials, resulting in cnvironmental damage or
health risks.
Workplace Negligence :Not ensuring a safe working environment, leading to accidents or
injuries at the workplace.
Professional Negligence : Professionals, such as doctors, lawyers, or cngineers, failing to
perform their duties competently, causing harm to their clients or patients.

Punishment: The punishment for criminal negligence can include imprisonment for a term
which may extend to ve years, and the offender may also be liable to a ne.

These crimes under negligence highlight the importance of acting

responsibly and taking reasonable precautions to prevent harm to others.

20. Culpable Homicide

Ans. Section 23 of BNS deals with Culpable Homicide. Culpable Homicide refers to
causing death by an act with the intention of causing death, or with the knowledge that the
act is likely to cause death, but without the speci c intent to cause death which is required
for murder.
Essential elements :

Intention: There must be an intention to cause death or bodily injury that is likely to cause
death.
Knowledge: Even without an intention to cause death, if the act is done with the knowledge
that it is likely to cause death, it can still be considered culpable homicide.
• Absence of Justi cation: The act must be without legal justi cation.

Types of Culpable Homicide:

• Culpable Homicide Not Amounting to Murder: This involves causing death without the
intention required for murder. It is a lesser offense compared to murder.
• Culpable Homicide Amounting to Murder: This involves causing death with the
intention required for murder. It is a serious offence.

Punishment :

• Culpable Homicide Not Amounting to Murder (Section 23): The term of imprisonment
can vary, and it may extend to life imprisonment or a tem up to ten years, depending on the
gravity of the act and intent and may also be liable to pay a ne in addition to the
imprisonment
Culpable Homicide Amounting to Murder (Section 23): If the culpable homicide
amountsto murder, the punishment can include life imprisonment if the culpable homicide
amounts to the most heinous form of murder, the death penalty may be imposed and may
also be liable to pay a ne

Warnring: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 20 LAW OF CRIMES
Judicial Discretion: Judges have discretion in determining the appropriate punishment
based on the facts of each case. They consider the severity of the offense, the impact on the
victim and society, and any mitigating circumstances. \

[Link]
Ans. Section 24 of BNS deals with the offense of Murder. Murder is de ned as causing
the death of another person with the intention of causing death, or with the intention of
causing such bodily injury as is likely to cause death, or with the knowledge that the act is
so imminently dangerous that it must in all probability cause death or such bodily injury.
Essential elements:

• Intention: The perpetrator must have the intention to cause death or to cause bodily injury
that is likely to result in death.
• Knowledge: Even if there is no direct intention to cause death, if the act is done with the
knowledge that it is likely to cause death, it can still be classi ed as murder.
• Without Justi cation: The act must be done without any lawful justi cation or excuse.

Types of Murder:

• Premeditated Murder: Deliberate andplanned killing of anotherperson.

• Impulsive Murder: A killing that occurs in the heat of the moment without prior intention,
but with the requisite intent or knowledge.

Punishment:

Imprisonment for Life: The standard punishment for murder is life imprisonment.
• Death Penalty: In the most heinous cases, the death penalty may be imposed.

Fine: In addition to imprisonment, the perpetrator may also be liable to pay a ne.

Exceptions and Defences:

• Grave and Sudden Provocation: If the accusedcauses death under grave and sudden
provocation, it may not amount to murder but to culpable homicide not amounting to
murder.
• Self-Defence: If the act of causing death was in the exercise of the right ofprivate defense,
it may be excused.
• Mistake of Fact: If the act causing death was done by mistake or accident without any
criminal intention or knowledge, it may not constitute murder.

Illustrations:

• Sudden Provocation: Example: is having a peaceful conversation with B. Suddenly, B

insults A's family in a yery offensive manner. In a t of rage, A punches B, causing B to fall
and hit their head, leading to B's death. A acted out of sudden provocation.
Self-Defence: Example: A is walking home at night when B, an armed stranger, attacks A.
To protect themselves, A uses a self-defense move and accidentally kills B in the struggle.
A's action was in self-defense.

Warning:)Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
 JB SERIES 21 LAW OF CRIMES
• Mistake of Fact: Example: A security guard, A, sees a gure climbing over the fence at
night and believes it's a burglar. A shoots the gure, but it turns out to be a neighbour, B,
who was trying to retrieve their ball. A acted on a mistaken belicf of fact.

The BNS 2023 provides a clear framework to distinguish between different

types of unlawful killings, ensuring that the punishment is proportionate to the severity and
intent of the crime. These provisions aim to deliver justice while considering the speci c
circumstances and intent behind cach act of killing.

22. Different types of punishments

Ans. Punishments are penalties imposed on individuals or entities for committing offenses
or crimes. They serve various purposes, including deterrence, retribution, rehabilitation, and
protection of society.

Purposes of Punishments :

• Deterrence: To discourage the offender and others from committing similar offenses.
• Retribution: To punish the offender for their wrongdoing, providing asenseof justice.
• Rehabilitation: To reform the offender and facilitate their reintegration into society.
• Protection: To protect society by removing dangerous individuals from the community.

Following are the different types of punishments :

> Death Penalty : Reserved for the most heinous and severe offenses, such as certain cases of
murder, terrorism, and other egregious crimes.
> Imprisonment :
Life Imprisonment: The offender is sentenced to spend the remainder of their life in
prison.
• Rigorous Imprisonment: The offender is required to perform hard labour while in prison.
• Simple Imprisonment: The offender is con ned without any requirement to perform
labour.
> Fines : Monetary penalties imposed either in addition to or in place of imprisonment,
depending on the nature of the offense.
Forfeiture of Property : The ofender's property is seized by the state as part of the
punishment for certain offenses.
> Con scation ofAssets Similar to forfeiture, but speci cally involves the con scation of
assets acquired through illegal means.
Community Service: The offender is required to perform a certain amount of unpaid work
for the community as a form of punishment.
Probation and Conditional Release : The ofender is released under certain conditions and
supervision, and must comply with speci c requirements or face re-imprisonment.
Restitution : The offender is required to compensate the victim for the harm caused by the
offense.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 22 LAW OF CRIMES
> Public Apology: In some cases, the offender nay be required to issue a public apology to
the victim or the conmmunity.
> Reprimand: A fomal expression of disapproval, which may be used for minor offenses.

These different types of punishments ensure that the legal system can apply
appropriate penalties based on the nature and severity of the offense, as well as the speci c
circumstances of cach case.

[Link] application :
Ans. Territorial application can refer to the application of laws, treaties, and other
agreements to a speci c territory.
Territorial Application under BNS

> Within India: The law applies to all crimes that happen anywhere in India. This includes
land, water, and air within Indian borders.
> Outside India:The law also applies to certain crimes committed outside India if:
• The person committing the crime is an Indian citizen.
• The crime happens on an Indian ship or aircraft.
• The crime is against an Indian citizen or Indian property.

Ilustration: If an Indian citizen commits murder while in Singapore, they can be arrested
and tried in India if found within Indian territory.

> Foreign Nationals:If a foreigner commits a crime in India, they are subject to Indian
[Link] a foreigner commits a crime abroad that affects Indian interests, they might be
prosecuted under Indian laws if international agreements allow it.
> Special Cases:If an Indian commits a crime while abroad, they can be tried in India if the
crime is illegal both in India and the country where it happened.

Examples:

• Ifan Indian commits theft on an Indian ship in international waters, they can be prosecuted
under Indian law.
A foreigner who commits a crime in India will be subject to Indian laws.
• An Indian living abroad commits an offense against another Indian; they can be tried under
Indian law if the crime is punishable in both countries.

This ensures that Indian laws can apply in various situations, both inside and
outside the country, to protect Indian interests.

24. Stalking
Ans. Stalking is similar to crimes of sexual violence. It involves repeated folowing,
contacting, or monitoring of the victim. which causes fear or distress to the victim.
Punishment: Imprisonment and/or nes depending on the severity and circumstances of the
stalking

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
 JB SERIES 23 LAW OF CRIMES
Types of Stalking :

Physical Stalking: Following the victim in person, showing up at places where the víctim is
present. Rxample : A person repcatedly following someone to their workplace, home, or
other locations.
• Cyber Stalking: Using electronic communication to harass, intimidate, or monitor the
vìctim. Example : Sending numerous unwanted messages or emails, monitoring social
media activities.
Indirect Stalking: Contacting the victim's friends or family, spreading false information..

Preventive Measures :

Reporting: Encouraging victims to report stalking incidents to law enforcement promptly.

Awareness: Raising awareness about the signs of stalking and the importance ofpersonal
safety.
Support Services: Providing support services like counselling and legal aid for victims.
Protection Orders: Victims can seek protection orders to prevent the stalker from
contacting or approaching them
These provisions help to protect individuals from the distress and fear caused by
stalking, ensuring their safety and well-being.

[Link] deinat
Ans. Rape involves sexual intercourse with a woman against her will, without her consent,
or with her consent when obtained using physical force or threats to compel the woman
Essential elements :

• Force or Threat: Using physical force or threats to compel the woman.

Deception: Obtaining consent through deceit or false promises.
Incapacity: Committing the act when the woman is incapable of giving consent (c.g., due
to intoxication, unconsciousness).

Punishment : Rape is considered a severe offence with stringent penalties. The punishment
can include imprisonment for a term which may extend to life imprisonment. and additional
nes may be imposed depending on the severity of the offence.

Different forms of Rape :

• Gang Rape: Involves multiple perpetrators committing the act.

Custodial Rape: Committed by a person in a position of authority or trust (e.g., police
of cer, teacher).
Rape of a Minor: Involves the rape of a child, which carries even harsher penalties.

Legal Remedies :

Filing an FIR (First Information Report): The survivor or someone on their behalf can
lodge an FIR with the police. In many jurisdictions, ling an FIR is mandatory upon
receiving a report of rape,

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
 JB SERIES 24 LAW OF CRIMES
• Investigation: Law enforcement conducts an investigation to gather evidence.
• Trial and Punishment: Once charges are framed, the case procceds to trial. Upon
conviction, the offender may face imprisonnment, nes, or other penalties as prescribed by
law.

These provisions under the Bharatiya Nyaya Sanhita, 2023, aim to protect
individuals from sexual violence and ensure justice for victims.

[Link] attack

Ans. An acid attack involves intentionally causing permanent or partial damage,

deformity, burns, dis gurement, or disability to any part of a person's body by throwing
acid on them.

Elements:

• Intentional Act: The act is done with the intention of causing harm or with the knowledge
that harm is likely to result.
• Use of Acid: The use of acid or anysubstance with acidic properties capable of causing
bodily injury..
Punishment : The punishment for causing grievous hurt by acid attack includes
imprisonment fora term not less than ten years, which may extend to life imprisonment,
and a ne. The ne imposed must be just and reasonable to cover the medical expenses of
the victinm, and it must be paid to the victim.

Punishment for Attempt: If someoneattempts to throw acid on any person or attempts to

administer acid with the intention of causing harm, they shall be punished with
imprisonment for a term not less than ve years, which may extend to seven years, and shall
also be liable to a ne.
These provisions under the Bharatiya Nyaya Sanhita, 2023, aim to provide
stringent penalties for acid attacks and ensure justice and support for the victims.

[Link]
Ans. Voyeurism involves watching, capturing, images or videos ofa person engaging in
private acts without their consent, Voyeurism is considered a serious offence with stringent
penalties.
Examples

Watching: Secretly observing someone through a hidden camera in their private space.
Capturing: Taking photos or videos of someone without their knowledge while they are in
a private setting.
Disseminating: Sharing or distributing images or videos of someone engaged in private acts
without their consent.

Warning: Xerox/Photocopying of this book is a CRIMINAL act.

l JBSERIES
fi
fi
fi
fi
fi
fi
 JB SERIES 25 LAW OF CRIMES
Essential elements:

Watching or Capturing: Observing or recording a person without their knowledge or

consent.
Private Acts: The person is engaged in activities where they expect privacy, such as
undressing, using the bathroom, or intimate moments.
• Lack of Consent: The act is done without the person's consent.

Punishment : . The punishment can include imprisonment for a term which may extend to
three years, and a ne. For repcat offenders, the punishment can be more severe, including
longer imprisonment terms.

Legal Remedies and Support

Reporting: Victims are encouraged to report voyeurism incidents to law enforcement

promptly.
Protection Orders: Legal measures to prevent the perpetrator from contacting or
approaching the victim.
Counseling and Support: Access to counselling and support services for victims to help
them cope with the trauma. lam
These provisions under the Bharatiya Nyaya Sanhita, 2023, aim to protect
individuals from the invasion of privacy andensurejustice for victims of voyeurism.

28. Extra territorial application

Ans. Extraterritorial jurisdiction means that Indian law can apply to crimes committed
outside India in certain circumstances. This principle allows India to prosecute offenders
even if the offense took place beyond its borders, provided the offender is brought to India.
Landmark Supreme Court Judgment on Extraterritorial Jurisdiction:

Mobarik Ali Ahmed v. Stateof Bombay (1957 AIR 857): Facts: Mobarik Ali Ahmed, a
Pakistani citizen, cheated an Indian businessman while he was in Karachi. Though the crime
was committed outside India, the fraudulent act caused harm to the businessman in India.

Judgment: The Supreme Court held that if the effect ofa criminal act takes place within
India, Indian courts have the jurisdiction to try the offender, even if the act was committed
abroad. This case highlights how acts committed outside India can still come under the
purview of Indian law, aligning with the provisions of Section 1 of the Bharatiya Nyaya
Sanhita,

Cybercrime and Section 1:

With the rise of cybercrime, the Sanhita ensures that any offense targeting Indian computer
systems from abroad can be prosecuted under Indian law. This re ects India's commitment
to combating cybercrime, regardless of where the offender is located. Section I ofthe
Bharatiya Nyaya Sanhita, 2023 establishes the scope and application of the Act. It clari es
that:

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fl
fi
 JB SERIES 26 LAW OF CRIMES
Indian law applies within India and, in certain cases, beyond India's borders.
Crimes committed by Indian citizens abroad or on Indian-registered ships and aircraft fall
under the jurisdiction of the BNS.
The Act does not interfere with military laws or special/local laws: This sectionprovides
clarity on territorial jurisdiction and ensures that offenders cannot escape liability by
committing crimes outside India. It also strengthens India's legal framework in dealing with
cybercrimes and offenses involving cross-border activities.

29. Bigany

Ans. Under the Bharatiya Nyaya Sanhita (BNS), bigamy is considered a criminal offense
de ned under Section 82, which states that if a person marries another individual while
alrcady having a living spouse, this subsequent marriage is deemed void and the offender
can be punished with imprisonment up to seven years and a ne; essentially, marrying again
during the lifetime of a husband or wife is considered bigamy and is punishable by law.

BNS-82(1) criminalizes the act of marrying again during the lifetime of one's
current spouse. The second marriage is void, meaning it holds no legal validity.
Punishment : The offender is subject to imprisonment for up to seven years and may also
face a ne.
This applies to both men and women, making it gender-neutral in its
application.

Exceptions to the Rule:

Marriage Declared Void by Court: If the rst marriage has been declared void by a
court, remarrying is not illegal.
Absence of Spouse for Seven Years: If the former spousehasbeen absent for seven
years or more and there has been no communication or evidence of life, the person can
remarry, provided they inform their new spouse of the circumstances. This clause prevents
penalizing someone who genuinely believes their spouse is no longer alive.

[Link] Rape

Ans. Custodial rape refers to the act ofrape committed by a person in a position of authority
or control over the victim, particularly when the victim is in custody, con nement, orunder
the supervision of the perpetrator. This crime is especially heinous due to the abuse of
power and trust involved.

Essential elements for custodial rape :

Position of Authority: The offender is often a public servant, such as a police ofticer, jail
staff, member of the armed forces, hospital stn , or anyone in a position of trust.
• Victim's Custody: The victim is in a vulnerable position, such as being in police custody,
jail, remand home, hospital, or any other place of con nement or supervision.
Abuse of Power: The crime involves an abuse of the authority and trust placed in the
offender by the victinm or society.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fi
fi
fi
fi
fi
fi
 JB SERIES 27 LAW OF CRIMES
Punishment for custodial rape : Section 64 spcci es stringent punishments for custodial
rape, including rigorous imprisonment for a term which shall not be less than ten years, but
which may extend to imprisonment for life, along with a ne.
Custodial rape is recognized as a severe violation of human rights and
dignity, and the legal system aims to ensure that offenders are held accountable and justice
is served for the victims.

31,Mistake of Fact

Ans. In criminal law, a mistake of fact can sometimes operate as a defence if it negates the
required mental state (mens rea) for the offence.

For example, if someone takes another person's property believing it is their own, they may
not be held criminally liable if they genuincly and reasonably believed it was theirs.

In penal law, not all injurious acts are considered offences. There exist multiple
situations wherein an individual may be released from criminal culpability as a result
of the circumstances surrounding the commission of the conduct. The legal concept
of "General Exceptions" encompass these, taking into consideration deeds
committed in good faith, by accident, or under certain circumstances without the
intent to commit a crime.
Mistake of Fact (Section 14)
Mistakes occur, but the law makes a distinction between factual and legal mistakes.
Someone is not legally respornsible if they act out of a sincere misunderstanding of
fact and think they are required to by law. This shields those who, despite their
mistakes, are not malicious. For example, a soldier on a mission who followsa
wrong order because he honestly thinks he must obey orders is pardoned.

[Link]

Ans. Criminal acts are often broken down into different stages. Preparation is
the second stage of crime.
Following are the stages of crime :
• Intention: The mental resolve or decision to commit a crime.

• Preparation: Arranging or planning the means necessary to commit the crime.

Attempt: Direct actions towards completing the crime after preparation.
• Accomplishment: The nal completion of the crime.

Preparation : This stage is critical in the commission ofa crime. Preparation involves
gathering resources, making plans, and arranging means necessary for executing the crime. It
is the phase where a person organizes all the elements required to commit the crime.

Examples of Preparation:

Buying tools or weapons to be used in a robbery.

• Drafting counterfeit documents.
• Hiring accomplices to assist in the commission ofa crime.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
 JB SERIES 29 LAW OF CRIMES
Disturbance of public peace: The most crucial elcment is the disruption of public
tranquility caused by the ght, mcaning the actions of the individuals involved must be
visible and disruptive to those around them.

Punishment for Affray: Those who found guilty of comnitting an affray can face
imprisonment of up to one month or ne upto 1000 rupces or both imprisonment and a ne,
depending on the severity of the disturbance.

34. Sedition

Ans. The Bharatiya Nyaya Sanhita (BNS) of 2023 no longer includes sedition as a criminal
offence. Instead, it criminalizes acts that endanger India's unity, sovereignty, and
integrity. These acts include inciting secession, armed rebellion, or subversive activities.
Under the BNS, sedition is addressed in Section 152. Under the
Bharatiya Nyaya Sanhita (BNS), 2023 sedition means doing something that could cause
people to try to break away from India, rebel against the government, or spread ideas that
might harm India's unity.
Scope of the New Provision: The new provision includes:
Inciting or attempting to incite secession, armed rebellion, or subversive activities.
Encouraging feelings of separatist activities.
Endangering the sovereignty or unity and integrity of India.
Promoting rebellion or resistance against the government through violence.
Any actions that undermine the authority of the government.
Punishments: Punishments for these offenses include:Imprisonment of up to 7 years and
ne.
Goal of BNS: The BNS aims to achieve similar goals as the sedition law but with a
potentially narrower focus, targeting acts that threaten national security and stability.
The BNS represents a signi cant shift in the legal framework regarding
acts that threaten the nation.

Following are the various means through which sedition can be committed:

• Spoken or Written Words: This includesspeeches,articles, books, or any other form of

verbal or written communication.
• Signs: Using symbols or gestures to convey seditious ideas.
Visible Representation: Any visual depiction, such as posters, drawings, or online
content.
Electronic Communication: Sedition committed through digital means, including social
media posts, emails, and other online platforms.
• Financial Means: Providing nancial support to activities that qualify as seditious.

Punishment : It is also a Non- Bailable Offence. Punishment under Sedition can range
from imprisonment upto three years to a life term and a ne may also be added.

35.. Public tranquility

Ans. Public tranquility" under the Bharatiya Nyaya Sanhita (BNS) refers to the state of
public peace and order, and offenses against public tranquility are criminal acts committed

ES Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
 JB SERIES 28 LAW OF CRIMES
Surveying the location where the crinme will occur.

Legal Implications: Mere preparation, without any direct act towards committing the crime,
is typically not punishable. Because criminals may abandon their criminal plans before
taking any further steps.

Exceptions: There are speci c scenarios where preparation itsclf is deemed punishable due
to the serious nature of the crimc being planned. For example:

• Section 310(4) of BNS: Preparation for committing dacoity (armed robbery involving a
gang) is pumishable with rigorous inprisonment for up to ten ycars, along with a nc. The
law considers this stage punishable duc to the grave potcntial threat to public safety.
. Section 149 of BNS: Preparation to wage war against the Government of India is another
signi cant exception. The severity of this crime warrants legal intervention at the
preparation stage itsclf to prevent any threat to national security.

Importance of the preparation in cases investigation:

Though preperation is not always punishable, evidence of preparation can be crucial in

establishing the intent behind a crime. It demonstrates the deliberate planning and
forethought that went into the criminal act.
Recognizing and addressing preparation, especially in the exceptional cases, allows law
enforcement to take proactive measures to prevent serious crimes from occurring.

The preparation stage under the Bharatiya Nyaya Sanhita (BNS) 2023 represents a
crucial phase in the commission of a crime.

33. Affray
Ans. Affay is one of offences against public tranquity. It is de ned under Section 194 of
the Bharatiya Nyaya Sanhita (BNS), 2023. It occurs when two or more persons ght in a
public place, causing a disturbance of public peace. Affray is considered a cognizable
offense, meaning the police have the authority to arrest without a warrant. The accused can
seek bail as it is abailable offense.
Riot and affray both involve a group ght, a riot typically involves a larger number of
people with a common purpose to cause violence, whereas an affray can be a smaller number
of people that still disrupts public peace.
The law provides speci c punishments to deter such behaviour and maintain
public order.

Essential elements of affray :

Public place: The ght must occur in a public space, like a street, market, park, or any
area accessible to the general public, where the disturbance of peace is more likely to
affect a wider audience.
Two or more persons: An affray requires the participation of at least two individuals
actively engaged in a ght.

Warning: Xerox/Photocopying of this book isa CRIMINALact. JBSERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 29 LAW OF CRIMES
Disturbance of public peace: The most crucial element is the disruption of public
tranquility caused by the ght, mcaning the actions of the individuals involved must be
visible and disruptive to those around them.

Punishment for Affray: Those who found guilty of committing an affray can face
imprisonment ofup to one month or ne upto 1000 rupces or both imprisonment and a ne,
depending on the severity of the disturbance.

34. Sedition

Ans. The Bharatiya Nyaya Sanhita (BNS) of 2023 no longer includes sedition as a criminal
offence. Instead, it criminalizes acts that endanger India's unity, sovercignty, and
integrity. These acts include inciting secession, armed rebellion, or subversive activities.
Under the BNS, sedition is addressed in Section 152. Under the
Bharatiya Nyaya Sanhita (BNS), 2023 sedition means doing something that could cause
people to try to break away from India, rebel against the government, or spread ideas that
might harm India's unity.
Scope of the New Provision: The new provision includes:
Inciting or attempting to incite secession, armed rebellion, or subversive activities.
• Encouraging feelings ofseparatistactivities.
Endangering the sovereignty or unity and integrity of India.

i
• Promoting rebellion or resistance against the government through violence.
• Any actions that undermine the authority of the government.
ot
Punishments: Punishments for these offenses include:Imprisonment of up to 7 years and
ne.
Goal of BNS: The BNS aims to achieve similar goals as the sedition law but with a
potentially narrower focus, targeting acts that threaten national security and stability.
The BNS represents a signi cant shift in the legal framework regarding
acts that threaten the nation.

Following are the various means through which sedition can be committed:

Spoken or Written Words: This includesspeeches,articles, books, or any other form of

verbal or written communication.
Signs: Using symbols or gestures to convey seditious ideas.
• Visible Representation: Any visual depiction, such as posters, drawings, or online
content.
Electronic Communication: Sedition committed through digital means, including social
media posts, emails, and other online platforms.
Financial Means: Providing nancial support to activities that qualify as seditious.

Punishment: It is also a Non- Bailable Offence. Punishment under Sedition can range
from imprisonment upto three years to a life term and a ne may also be added.

35. Public tranquility

Ans. Public tranquility" under the Bharatiya Nyaya Sanhita (BNS) refers to the state of
public peace and order, and offenses against public tranquility are criminal acts committed

Warning: Xerox/Photocopying of this book is a CRIMINAL act. eatn JB SERIES

fi
fi
fi
fi
fi
fi
fi
 JB SERIES 30 LAW OF CRIMES
by agroupofpeoplethatdisruptthispeace,includingunlawfulassembly,rioting,
promoting enmity between different classes, and a iay, all covercd under Chapter Xl of
the BNS; cssentially, these are crimes against society as a whole, not just individuals or
property, with the goal of maintaining social harmony and preventing disturbances in the
community.
Relevant sections: Provisions related to offences against public tranquility are found in
sections 189 to 197 of the BNS

Objective of legislation: The BNS aims to cmpower law cnforcement agencies to

prevent and address situations that threaten public peace by de ning clear legal
frameworks for these offenses.

Following are the offences against public tranquity :

Section 141: Unlawful Assembly : An assembly of ve or more persons becomes
unlawful if the common object is to commit an offence or to cause public disturbance.
Punishment: Imprisonment for up to six months, or a ne, or both.

Section 142: Rioting: When force or violence is used by an unlawful assembly, or the
common object of the assembly is to use force or violence, it is considered rioting.
Punishment: Imprisonment for up to two years, or a ne, or both.
Section 144: Power to Issue Order to Disperse: Any Executive Magistrate may issue
an order to disperse an unlawful assembly. Punishment: Disobedience to this order is
punishable by imprisonment for up to six months, or a ne, or both.
Section 145: Public Nuisance by Illegal Means: Causing public nuisance by any
illegal act or by lawful means in an unlawful manner. Punishment: Imprisonment for
up to six months, ora ne, or both.
Section 146: Rioting, etc., when armed with deadly weapons: Rioting while being
armed with deadly weapons. Punishment: Imprisonment for up to three years, or a ne,
or both.
These sections aim to maintain public order and ensure that any actions
disrupting public tranquility are appropriately addressed.

[Link]
Ans. Under Section 191 of the Bharatiya Nyaya Sanhita (BNS), "rioting" refers to an act
where an unlawful assembly, or any member of that assembly, uses force or violence to
pursue a common objective. It makes every member of the assembly guilty of the offence
ofrioting. under Section 191 of BNS. Rioting is a signi cant ofence under the
Bharatiya Nyaya Sanhita (BNS), 2023. It is covered in Chapter XI,
Difference Between UnlawfulAssembly and Rioting
• Unlawful Assembly (Section 190 BNS, 2023): Mere gathering of ve or more people
with a common object to commit an offence.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fi
fi
fi
fi
fi
fi
fl
fi
fi
 JB SERIES 31 LAW OF CRIMES
Rioting (Section 191 BNS, 2023): When an unlawful assembly actually uses force or
violence in pursuit of its common object.
Essential Ingredients of Rioting
• There must be an unlawful assembly.
Use of force or violence by the assembly or any member.
The force or violence must be in prosccution of the common object of such an
assembly.
If armed with a deadly weapon, the offence becomes more serious and attracts stricter
punishment.
Punishment: Whoever is guilty of rioting shall be punished with imprisonment of up
to two years, or with ne, or with both. If the rioting is committed while with a deadly
weapon or with anything which, used as a wcapon of ofence, is likely tocauscedeath, the
punishment extends to ve years of imprisonment, or ne, or both.

[Link] assembly

Ans. An unlawful assembly is a group of ve or more people who come together with a
common goal that involves using or threatening to use criminal force. Trying to intimidate
the government or public of cials.

Essentialelements of Unlawful Assembly:

• Resisting the execution of any law or legal process.

• Committing mischief, criminal trespass, or other offenses.
• Using criminal force to take possession of property or deprive someone of their rights.
• Forcing someone to do something they are not legally bound to do or stopping them from
doing something they are legally entitled to do.
• An assembly that was not unlawful when it rst gathered can become unlawful if its
purpose changes to one of the above.
• Every member of an unlawful assembly is guilty of the offenses committed by the assembly
in pursuit of their common goal.

Punishments

General Participation: Ifsomeone knowingly joins or continues in an unlawful

assembly, they can be punished with imprisonment for up to six months, a ne, or both.
• Disobeying Orders to Disperse: If the assembly has been commanded to disperse and
someone continues to be part of it, the punishment can extend to two years.
• Armed Participation: If someone is armed with a deadly weapon or anything that can
cause death and is part of an unlawful assembly, they can be punished with imprisonment
for up to two years, a ne, or both.

Disturbing Public Peace: If someonejoins or continues in anassembly of ve or more

persons likely to cause a disturbance of the public peace after being commanded to
disperse, they can be punished with imprisonment for up to six months, a ne, or both.

Warning:Xerox/ Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 32 LAW OF CRIMES
• Hiring or Engaging Members: Ifsomcone hires, engages, or promotes others to join
an unlawful assembly, they can be punished as a member of that assembly and for any
offense committed by the assembly.

The BNS law clearly outlines the serious consequences ofbeing part of or
promoting an unlawful assembly, aiming to maintain public order and prevent unlawful
activitics.

38. Theft

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 303 seals with theft.
Theft is de ned as the ishonest taking of any movable property out of the possession of
any person without that person's consent.

Essential Elements :

• Dishonest Intent: The person committing theft must have the intention to take the
property dishonestly.
• The property must be taken out ofpossession of another person: The offence of
theft comes in to existence when property is removed from somebody's possession
Movable Property: The property taken must be movable.
Without Consent: The property must be taken without the consent of the person in
possession
Property should be moved, in order of such taking: Moving a property with a
dishonest intention is an initial stage of committing a theft. So, the property should be
moved, to commit an offence.
Illustration: A goes to B's house, and sees a diamond necklace lying on the table. A
hides that necklace at B's place and thinks whenever he will visit next time. He'll take
it. Here, A commits no theft as the property has not been moved.

Illustrations of theft:

Cutting Down a Tree: If someone cuts down a tree on another person's land with the
intention of taking it without consent, it is theft as s0on as the tree is severed.

Running Away with Property: Ifa servantentrusted with property runs away with it
without the owner's consent, it is theft.
The punishments for theft vary based on the value and circumstances,
ranging from nes to imprisonment for up to seven years in aggravated cases. The law
aims to protect property rights and deter individuals from committing theft through clear
de nitions and stringent penalties.

39. Robbery
Ans. Robbery is a crime that involves taking someone else's property or things without
permission by using force, threat, or intimidation. Section 309 of the BNS states that
stealing or extortion are the two main components of all robberies.
Theft becomes robbery under the following situation:

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIE

fi
fi
fi
 JB SERIES 33 LAW OF CRIMES
When stcaling, carrying away the stolen property, or attempting to do so, the offender
intentionally causcs or attempts to cause death, wrongful restraint, hurt, or instills fear
of immediate death, immediate wrongful restraint, or imnediate hurt to anyperson.
This is when theft is considered robbery.

For example: Person A has committed theft if they violently restrain Person B and
remove their money from their clothing without B's permission. But since A also put
B in an improper state of con ncment while stealing, that makes it a robbery.

Extortion becomes “robbery" under the following situation:

When an individual causes fear in another person and gains something valuable by
instilling fear of death or immediate wrongful restraint in that person or another, it is
considered robbery. They then force the terri ed party to give over the stolen object
right away.

For example: When Person A and Person B cross paths, B's child is there. A grabs
the child and demands that B give up their pocketbook, threatening to hurt the
youngster. B gives up and surrenders the purse out of concern for the child's security.
In this instance, A coerced the child into believing that they would su ffer immediate
danger in order to get the pocketbook. As such, what A is doing is robbery.

Punishments for robbery :

General Punishment: Whoever commits robbery shall be punished with rigorous

imnprisonment for up to ten years and shall also be liable to a ne.
Highway Robbery: If the robbery is committed on the highway between sunset
and sunrise, the imprisonment may extend to fourteen years.
Attempted Robbery: Whoever attempts to commit robbery shall be punished
with rigorous imprisonment for up to seven years and shall also be liable to a ne.
• Causing Hurt During Robbery: If anyperson, in committing or attempting to
commit robbery, voluntarily causes hurt, they shall be punished with
imprisonment for ife or with rigorous imprisonment for up to ten years and shall
also be liable to a ne.

The legal provisions for robbery aim to protect individuals from violent
crimes and ensure public safety by imposing strict consequences on offenders.

40. Dacoity

Ans. Under the Bharatiya Nyaya Sanhita (BNS), section 310 deals with
dacoity."Dacoity" is de ned as a crime where ve or more people jointly commit or
attempt to commit robbery, meaning anyone present and aiding in the act is also
considered a participant and liable for the offense; this crime carries a severe penalty
including life imprisonment, rigorous imprisonment up to ten years, and a ne; if
murder occurs during the dacoity, all involved individuals can face the death penalty.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 34 LAW OF CRIMES
Essential Elements of Dacoity:
Involvement of Five or More Persons: Dacoity requires the presence of at least
ve persons who are actively involved in the commission of the crime.
Common Intention: The individuals must have a common intention to commit
robbery or any other offense that involves criminal force or violence.
Use or Threat of Force: The force or threat of force is applied collectively by the
group to achieve their common intention.
Act of Robbery: The act must ful ll the de nition of robbery, which involves the
use or threat of force to take property from a person.
Presence of Victims: The victim(s) must be present, and the offense must cause
fear of instant harm, death, or wrongful restraint.
Illustrations
Gang Robbery: A group of ve or more persons collectively robs a bank, using
weapons and causing fear of harm to the bank staff and customers.
• Highway Dacoity: A gang of ve ormnorepersons stops vehicles on a highway,
threatens the passengers with weapons, and takes their belongings.

Punishments for dacoity

• Committing dacoity: Life imprisonment or rigorous imprisonment for up to 10
years, and a ne
• Murder during dacoity: Death, life imprisonment, or rigorous imprisonment for
at least 10 years, and a ne
Preparing for dacoity: Rigorous imprisonment for up to 10 years, and a ne
• Being part of a group assembled for dacoity: Rigorous imprisonment for up to
7 years, and a ne
Belonging to a gang of persons associated for the purpose of habitually
committing dacoity: Life imprisonment or rigorous imprisonment for up to 10
years, and a ne.

Under the Bharatiya Nyaya Sanhita (BNS) 2023, dacoity is de ned as a

severe and organized form of These punishmentns aim to curb organized criminal
activities and ensure public safety by holding offenders accountable for their actions.

[Link] Tress pass

Ans. Under the Bharatiya Nyaya Sanhita (BNS), criminal trespass is de ned in Section
329. It includes entering or remaining on another person's property with the intent to
commit a crime, intimidate, insult, or annoy the property's owner.

Essential elements of criminal trespass:

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 35 LAW OF CRIMES
• Intent: The person must have the intent to commit an offense, or to intimidate,
insult, or annoy thc person in possession of the property.
Entry: The person must cnter into or upon the property without permission.
Unlawful Remaining: Ifa person lawfully enters the property but remains there
unlawfully with the intent to commit an offense, or to intimidate, insult, or annoy the
person in possession, it is also considered criminal trespass.

Types of Criminal Trespass

• Simple Criminal Trespas: Entering or remaining on someoneelse's property
with the intent to commit an offense, or to intimidate, insult, or annoy the person
in possession of the property.
• Punishment: Imprisonment for up to three months, a ne ofup to ve thousand
rupees, or both.
House-Trespass: Entering or remaining in any building, tent, or vessel used as a
human dwelling, or any place used for worship or the custody of property, with
the intent to commit an offense, or to intimidate, insult, or annoy the person in
possesSion.
• Punishment: Imprisonment for up to one year, a ne of up to ve thousand
rupees, or both.
Lurking House-Trespass: Committing house-trespassby entering or remaining in
a building, tent, or vessel used as a human dwelling, for the purpose of committing
an offense, and taking measures to conceal one's presence.
Punishment: Imprisonment for up to two years, a ne of up to ve thousand
rupees, or both.
Lurking House-Trespass by Night: Committing lurkinghouse-trespassafter
sunset and before sunrise.
Punishment: Imprisonment for up to three years, a ne ofup to ve thousand
rupees, or both.
• House-Breaking: Committinghouse-trespassby breaking open any part of the
house or using force to enter.
Punishmnent: Imprisonment for up to three years, a ne ofup to ve thousand
rupees, or both.
• House-Breaking by Night Committing house-breaking after sunset and before
sunrise.
Punishment: Imprisonment for up to ve years, a ne of up to ve thousand
rupees, or both.
These legal provisions aim to safeguard individuals' property
rights and maintain public order by deterring unlawful entry and related ofenses. By
imposing strict penalties on ofenders, the law ensures that people's homes and
properties are protected from unauthorized intrusions."

42. Criminal mis appropriation of property

Ans. Criminal misappropriation of property isaddressed under under Section 3 14 of

Bharatiya Nyaya Sanhita, 2023 (BNSS). It deals with acts involving wrongful acquisition
or use of another person's property with dishonest intent. And dishonest
misappropriation of property belonging to a deceased person addressed in Section 315.

Essential elements:

Warning: Xerox/ Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 36 LAW OF CRIMES
Dishonest Intent: The person must have the intention to dishoncstly take or convert
the property for their own usc.
Movable Property: The property involved must be movable.
Without Consent: The property must be taken or converted without the consent of
the owner.
Illustrations:
Mistaken Belief: If someone takes property believing it to be their own but later
discovers the mistake and decides to keep it, they are guilty of criminal
misappropriation.
Friendly Terms: If someone takes a book from a friend's library without express
consent, believing they have implied consent, but later sells the book for personal
gain, they are guilty of criminal misappropriation.
Joint Ownership: If joint owners of a horse, one owner takes the horse and sells it
without the other's consent, they are guilty of criminal misappropriation.

Punishment: The punishment for criminal misappropriation can range from six
months to two years. The person convicted can also be liable to pay a ne.

The law aims to protect property rights and ensure accountability for
unauthorized and dishonest use of someone else's property.

43. Criminal breach of trust

Ans. Section 316 of the Bharatiya Nyaya Sanhita (BNS) de nes criminal breach of trust as
dishonestly misusing property that has been entrusted to someone. It occurs when someone in
a position of trust violates that [Link] can include using property for personal gain or in
violation ofa contract.

Examples:
An employer who takes money from employees' paychecks for a savings fund but uses it
for personal expenses
• A banker who takes deposits from clients and uses them for personal investments

• A warehouse keeper who sells goods that have been entrusted to them
An agent who uses money given to them by a client to invest for their own bene t

Punishment :Punishment for criminal breach of trust can include imprisonment, ne, or
[Link] punishment depends on the type of property involved and the role of the person
committing the offense.
For example, a public servant who commits criminal breach of trust can be punished with
imprisonment for life or up to 10 years.
This offence is taken seriously and carries signi cant penalties, including
imprisonment and nes

44. Criminal intimidation

Warning: Xerox/Photocopying of this book isa CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
 JB SERIES 37 LAW OF CRIMES
Ans. Section 351 of the Bharatiya Nyaya Sanhita (BNS) of 2023 de nes criminal
intimidation. It states that thrcatening somcone to cause harm to their person, reputation, or
property is criminal intimidation.

Essentialelements:
Threatening to harm someone's body, reputation, or property
Threatening to harm somcone they care about
Threatening to cause alarm
Threatening to force someone to do something they dont want to do
Threatening to stop someone from doing something they want to do
Punishment:
For gencral criminal intimidation, the punishment is imprisonment up to two ycars, or a ne,
or both
. For crìminal intimidation that threatens to cause death or grievous hurt, the punishment is
imprisonment up to seven years, or a ne, or both
Examples :

Threatening to burn someone's house to stop them from continuing a lawsuit

Threatening to harm the reputation of a deceased person that the threatened person cares
about.
This offence is punishable by law, with penalties including imprisonment and
nes, re ecting the seriousness with which it is treated. The provisions aim to protect
individuals from threats and coercive behaviour, maintaining a sense of security and justice in
society.

[Link]

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, defamation is addressed in Section
356. It involves making or publishing false statements or representations that harm the
reputation of another person.

Essential ingedients:

• False Statement: The statement must be false and not based on truth or reality.
Harm to Reputation: The false statement should have the potential to harm the
individual's reputation in social, professional, or personal spheres.
• Publication: The false statement must be communicated to at least one person other
than the speaker and the defamed individual.

Intent or Knowledge: The person making the false statement must have the intention
to harm or the knowledge that it is false and likely to harm the reputation.
Factors considered in defamation cases:
Whether the accused acted with malice
• Whether the accused made any inquiry before making the allegation

Warning: Xerox/Photocopying of this book is a CRIMINAL act, JB SERIES

ES
fi
fi
fi
fl
fi
 JB SERIES 38 LAW OF CRIMES
• Whether there is a preponderance ofprobability that the accused acted in good faith
• The circumstances under which the words were uttered or letter was written

Types of defamation :

Libel: Involves false and defamatory statements expressed in writing, print, or visible
forms, with lasting cfects. For example, defamatory comments about a person on
social media.
Slander: Involves spoken defamatory statements or gestures. For example, spreading
false rumours about someone at a public gathering.

Exceptions :

Exception 1: It is not defamation to impute anything which is true concerning any person,
i t be for the public good that the imputation should be made or published.
Exception 2: It is not defamation to make an imputation on the character of another
provided that the imputation be made in good faith for the protection of the interests of the
person making it, or of any other person, or for the public good.
Illustrations: A, a shopkeeper, says to B, who manages his busines "Sell nothing to Z
unless he pays you rcady money, for I have no opinion of his honesty." A is within the
exception, if he has made this imputation on Z in good faith for the protection of his own
interests.
Punishment : Whoever defames another shall be punished with simple imprisonment for
a term which may extend to two years, or with ne, or with both or with community
service.

PART- B

[Link] the distinctions between crime and tort.

Ans. Crime :A crime is an act or omission that constitutes an offense punishable by

law. Crimes are considered offenses against society or the state, Examples: theft,
assault, murder, and fraud. Criminal acts are prosecuted by the government and can result in
penalties such as imprisonment, nes, community service, or even the death penalty.

Tort: A tort is a civil wrong .Torts are private disputes between individuals or entities, and
the remedy typically involves monetary compensation or injunctions to prevent further
harm. Examples : negligence, defamation, trespass, and breach of contract.

Following are the differences between Tort and Crime :

Feature Crime Tort

Warning: Xerox/Photocopying of this book isaCRIMINALact. og JB SERIES

fi
fi
fi
 JB SERIES 39 LAW OF CRIMES

Nature ofWrong Considered an offence against Considered a civil

the community as a whole
wrong against an
individual or their
property

Purpose of Legal Action To punish the offender and to To compensate the victim
maintain public order and safety. for danages suffered

Standard of Proof "Beyond a reasonable doubt" "Balance ofprobabilities"

Who Initiates Proceedings The government (prosecutor) The injured party

(plainti )

Potential Remedies Imprisonment, nes, community Monetary damages

service injunctions, or

other remedies

Intent Requirement Requires a speci c intent to May not require

commit the crime ( Men's rea )
speci c intent, negligence
can be enough

Examples Murder, robbery, theft Negligence, battery,

trespass to

property

Jurisdiction Criminal Courts

Civil Courts

Victim's Role Victim is a witness; the state

represents the society Victim (plaintif)

directly pursues
Effects society'ssense of the case for
Effect
security and order
remedies

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
 JB SERIES 40 LAW OF CRIMES

Aff Effects the

individual's rights or
property.

These distinctions help in understanding the separate legal processes and consequences
involved in criminal and civil law.

[Link] are the various stages of crime ?

Ans. Whenever a crimne happens and that too intentionally, there will be a full- edged
process or stages behind it. In case of every crime, Firstly there is an intention to commit it,
Secondly, preparation to commit it, Thirdly, attempt to commit it and Lastly the
accomplishment. The stages of crime explain how a criminal act evolves from an initial idea
to its completion.

Intention: The intention is the rst stage of any offence and is known as the mental or
psycho stage. In this stage, the offender decides the motive and decides his course or
direction towards the offence. The law cannot punish the person just for having an intention
to do any illegal act.
Moreover, being the mental concept, it is very dif cult to judge if a
person possesses any such intention. Just by having an intention will not constitute an
offense.
Example: John thinks about robbing a bank. He imagines how he would do it and what he
would need
Preparation: It means to arrange the necessaryresources for the execution of the
intentional criminal act. Intention and preparation alone are not enough to constitute
a crime. Preparation is not punishable because in many cases the prosecution fails to prove
that the preparations in the question are for the execution of the particular crime.
Example: John starts preparing for the robbery. He buys a mask, gloves, and a fake gun. He
also studies the bank's layout and the timings of the security guards.
Attempt: An attempt is a direct movement towards the execution of a crime after the
preparation of the plan. Moreover, a person is guilty of attempting to commit an offense
even though the facts are such that the execution of the offense seems to be impossible.
Example: John goes to the bank with his equipment and tries to break into the vault. He is
caught in the act by the security guards.
Accomplishment : The laststage in thecommission of anoffense is itssuccessful
completion. If the accused becomes successful in his attempt to commit the crime, he will
be guilty of the complete offense. Moreover, if his attempt is unsuccessful he will be guilty
of his attempt.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fl
 JB SERIES 41 LAW OF CRIMES
Example: John successfully breaks into the vault, stcals the money, and escapes, the crime
is accomplished.

These stages help to understand how an idea can progress into a fully
committed crime and how cach stage is signi cant in the legal process.

3. What are the primary objectives of the Bharatiya Nyaya Sanhita, 2023?.
Ans. The Bharatiya Nyaya Sanhita, 2023 (BNS) is India's new criminal code, replacing
the colonial-era Indian Penal Code (IPC). It aims to modernize India's criminal justice
system to better re ect the country's values, address contemporary issues,
Following are the objectives of BNS:
Simpli cation: Simplify the language and structure of criminal laws to make them more
accessibleand
understandabletothegeneral public.o deh
Ef ciency: To enhance the ef ciency of the criminal justice system by streamlining
procedures and reducing delays in the legal process.
Transparency: To increasetransparency in the administration of justice to build public
trust in the legal system and to uphold constitutional values, including equality, liberty,
and justice
Inclusivity: To ensure that the laws are inclusive and consider the diverse socio-cultural
landscape of India.
Constitutional Alignment: To align the criminal laws with constitutional values such as
justice, dignity, and the intrinsic worth of every individual.
• Safety and Security: To prioritize the safety and security of individuals, communities, and
the nation as a whole.
• Making legal knowledge more accessible: The BNS aims to make legal knowledge more
accessible to the general public, which will foster legal literacy andawareness.
• Modernizing the legal framework: The BNS aims to modernize the existing legal
framework by updating language to align current societal values and technological
advancements.
Promoting gender neutrality: The BNS promotes principles like gender neutrality.
• Removing archaic laws: The BNS removes laws that have colonial roots, which are
archaic.
• Introducing community service: The BNS introduces community service as a form of
punishment for petty offenses.
• Placing all women and children's offenses in one chapter: The BNS places all offenses
relating to women and children in one chapter at the beginning of the Code.
Addressing New Crimes: To introduce provisions to addreşs new forms of crime, such as
cybercrime and terrorism.
Victim-Centric Justice : To prioritize the rights, dignity, and interests of victims in the
criminal justice process and to introduce faster mechanisms for victim compensation and
restitution.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. isgsbe JBSERIES

fi
fl
fi
fi
fi
 JB SERIES 42 LAW OF CRIMES
E cient Adjudication :To reduceproccduraldelays and backlogs in the justice delivery
system by encourage the use of technology and alternative dispute resolution methods to
cxpedite criminal trials.
Enhanced Punitive Measures : Modernize punishments to address contemporary crimes
[Link] also to ensure proportionality in sentencing to deter criminal behaviour
while considering reformation.
Recognition of Modern Crimes : To introduce new provisions to tackle cybercrimes,
organized crime, terrorism, and other emerging thrcats..
• Alignment with International Standards : To harmonize India's criminal laws with global
human rights norms and international legal practices.
• Reduction of Arbitrary Arrests and Misuse : To introduce safeguards to prevent the
misuse of powers by law enforcementagencies.
Focus on Deterrence and Rehabilitation : To balance deterrence through strict penalties
with rehabilitation for reformation and reintegration ofoffenders into [Link] Promote
corrective actions and educational programs for offenders.
• Gender Justice and Inclusivity : To addressgender-based violence with progressive legal
reforms, to protect marginalized and vulnerable groups, ensuring justice for all sections of
society.
These objectives aim to create a more responsive, fair, and effective criminal justice
system in India.

[Link] does the Bharatiya Nyaya Sanhita, 2023 address extra-territorial offences?
Ans. Extraterritorial application refers to the ability of a state to enforce laws, make rules,
or apply conduct outside of its territory. This can apply to people, property, or events.

Extra-territorial offences are crimes committed outside a country's borders

but still fall under that country's jurisdiction due to the nature of the crime or the people
involved.

Provisions in the Bharatiya Nyaya Sanhita, 2023

Crimes Committed by Indian Citizens Abroad : Ifan Indian citizen commits a crime in
another country, they can still be prosecuted under Indian laws when they return to India.
This ensures that Indian citizens cannot escape justice simply by committing crimes outside
India.
Example: An Indian citizen residing in another country engages in nancial fraud. When
they return to India, they can be prosecuted for that fraud under Indian laws.

Crimes Against Indian Citizens or Interests : Ifa crime committed abroad impacts Indian
citizens or interests, Indian laws can be applied. Protecting the rights and interests of Indian
citizens and the nation itself, regardless ofwhere the crime occurs.
Example: A foreign company engages in cyberattacks targeting Indian companies. India
can prosecute the individuals responsible for the cyberattacks under its laws.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JBSERIES

fi
fi
 JB SERIES 43 LAW OF CRIMES
• Crimes on Indian Ships and Aireraft : Any crime committed on an Indian-registered ship
or aircraft, even if it's outside Indian territory, falls under Indian jurisdiction. Ensuring
safety and legal accountability on Indian-owncd transport, even when they operate in
international waters or airspace.
Example: A crime occurs on an Indian ship in international waters. The Indian authorities
can take legal action against the offender.
• International Treaties and Agreements: Encouraging cooperation with other countries for
investigating and prosecuting crimes that cross international borders. Enhancing global
cooperation to ensure criminals can't evade justice by crossing borders.
Example: India might have treaties with other countries to extradite criminals or share
evidence for prosecution.
Bene ts of the above provisions :
• Global Reach: Indian laws can be applied to protect Indian citizens and interests no matter
where the crime occurs.
• National Security: Enhances the ability to respond to global threats like terrorism and
cybercrime.
Legal Accountability: Ensures that Indian citizens committing crimes abroad can be held
accountable under Indian laws.
• Protection of Citizens: Offers protection to Indian citizens from crimes committed against
them abroad.
Example: An Indian citizen named Raj, who is living in another country, gets involved in
a cybercrime targeting an Indian bank. He hacks into the bank's system and steals sensitive
information. Here's how the BNS 2023 addresses this:
Indian Jurisdiction: Since Raj is an Indian citizen, he can be prosecuted under Indian laws
even though the crime was committed abroad.
Impact on Indian Interests: The crime targets an Indian bank, affecting Indian nancial
security. Thus, Indian authorities have the right to take legal action.
Collaboration: India might work with the country where Raj resides to gather evidence and
possibly extradite him to face charges in India.
Legal Process: Once Raj is back in India, he can be tried in Indian courts under the BNS
2023 for his involvement in the cybercrime.
These measures ensure that the legal system in India can effectively address
crimes that occur beyond its borders but have signi cant impacts on the nation or its
citizens.

[Link] different theories of punishment recognized in criminal law.

Ans, Different jurists in their periods have de ned and advocated theories of punishment in
different ways. But the purpose of all of them is to restrict, refrain and incapacitate an

Warning:Kerox/Photocopying of this book is aCRIMINAL act.h JB SERIES

fi
fi
fi
fi
 JB SERIES 44 LAW OF CRIMES
offender from violating the law by creating a sense of fear. This fear can be of physical
suffering, nancial loss or public humiliation.

Following are the different theoriesof punishment:

> Deterrent theory: Deterrent Theory of punishment is to refrain somcone from

committing a crimc. The objective of this thcory is to deter or prevent criminals from
attempting a new crime or committing the samc ones again in the future.

Advocatcs of this theory are of thought that if a person committing a crime

is severely punished, it will spread awareness in society about the severe punishments for
some gruesome crimcs, and because of this fear prevailing in society, people might steer
clear from even the thought of committing an offence.

Essential elements of the theory :

Severity: .To restrict and rehabilitate the criminals it is important to include provisions of
severe punishment and penalties proportionate to the severity of the o ffence being
committed
Certainty: To restrict a person from committing or repeating a crime, it must be certain in
the mind of the culprit that his undesirable act will be punished.
Celerity : The faster the prosecution takes place and punishment is imposed, the greater the
impact it will have on deterring crime.
Criticism- The deterrent theory follows the principle "ignorance of law is no excuse", as it
is considered that people are responsible for knowing and following the law, regardless of
whether they were aware of it.
> Retributive theory : It is also known as the Vengeance Theory, Retributive theory is the
most basic and ancient theory of punishment. Based on the Doctrine of Lex talionis, ,
"Tooth for Tooth, Eye for Eye, Limb for Limb and Nail for Nail'".

The people who believe in the theory of retributivism believe that the perSon
doing wrong should suffer pain proportionate to what he has in icted on an individual or
the society as a whole. Retributive theory ensures that the punishment awarded must be
proportionate to the degree of injury that occurred.

Jurists who believe in this theory make the point that by punishing the people commiting
a crime, they get to understand the pain suffered by their victim and the degree of
immortality in his action. This form ofpunishment also sends a message to society that the
legal system is present in the country to protect them and uproot the unfair advantage
possessed by a criminal while committing a crime.

Criticism : While awarding retributive punishments, it is to be made sure that the offence
for which it is granted is severe as disproportion with it may lead to the development of
strong vengeful or destructive feelings in the society.

> Preventive theory: The theory aims at restraining future danger by transforming the
criminal either temporally or permanently. This is done by isolating the offender from rest

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fl
 JB SERIES 45 LAW OF CRIMES
of the society, either temporarily by incarceration for a speci c period or permanently by
awarding lifetime imprisonment and in instances of rarest of the rare cases, by application
of capitalpunishment.

To ensure the effectiveness of preventive theory, the principle of "Justice

delayed is justice denied" is to be followed. The factor of promptness is very important as
any sort of delay in enquiry or investigation may render the function or punishment
ineffective.

Following are the ways of advancing preventive punishment :

by inculcating fear of punishment,

• by incapacitating a criminal temporarily or permanently, and
by advancing reformative types of punishments that aim at restoring them as law-abiding
citizens.

Criticism- Jurists and penologists who are not in favour of the preventive form of
punishment are of thought that creating a sense of terror in the minds of offenders or
disabling the criminals from committing a crime might not be proven to be effective at
lowering the crime rates as it does not address the root of criminal behaviour.

> Reformative Theory : This theory involves the transformation ofoffenders and faith in re-
educating and trying to reform them by teaching a particular skill, art, or industry work or
by educating them so that they may be able to lead a normal life after their release from jail.
Efforts to achieve the goals of the reformative theory were initiated in the year 1956 with
the introduction of the bill abolishing the death penalty in the Lok Sabha but the same hasn't
been achieved to date.

It has been successful to quite an extent with juveniles due to the presence of
provisions of parole, pardon, probation, commutation of sentence, remand homes, etc.

Criticism: Reformative punishments though proved effective in the case ofjuveniles and
rst-time offenders, are rendered incompetent and impractical in the case of habitual
offenders or cases of deathsentences. Also, it requires a good amount of investment which
the deprived people cannot afford.

> Expiatory Theory : Expiatory Theory is one of the most ancient theories ofpunishment
prevalent in ancient Indian criminal jurisprudence and was deeply admired by the ancient
Hindu law commentator, the Manusmriti as a form ofpunishment focusing on the
rehabilitation of criminals in society. With theadvancement in society, the application of
this theory became inadequate and experimenting to rely completely on this theory is way
too expensive in terms of communal safety and security.

Expiatory Theory relies on the principle, "To pay for the sin committed".
Expiatory forms of punishment favour economical and compensatory forms ofpunishment.
It means compensation to be provided to the victim by the accused, instead of perpetrating
physical pain as punishment to the offender.

Warning: Xerox/ Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
 JB SERIES 46 LAW OF CRIMES
Criticism: Expiratory punishments can hardly be deemed effective in bringing any
reformation in the criminal mentality of o enders. Thercfore, the type of punishments
advocated by this theory may be ample to mect trivial and petty offences but not the
heinous ones.

None of the above theories is perfect and cannot function in a solitary

state. In fact, all the theories prevalent in criminal jurisprudence somewhere or the other do
relate and rely on one another.

Note: In exam if you get this question in Part - B write about each theory brie y in
10 lines. If you get in Part -A you can write full answeron the particular theory.

[Link] the signi cance of general exceptions in the application of criminal law.
Ans. General exceptions play a crucial role in the application of criminal law under the
Bharatiya Nyaya Sanhita (BNS), 2023. These exceptions are provisions that protect
individuals from criminal liability under certaincircumstances.
• Ensuring Fairness and Justice: General exceptions ensure that individuals are not unfairly
punished for actions that, under speci c circumstances, are not deemed criminal.
Example: A person who acts in self-defence is not held liable for harm caused to the
attacker.
• Protecting Innocent Conduct: They recognize that some actions that might appear
criminal on the surface can be justi ed under the law. Example: A doctor performing a life-
saving surgery without the patient's consent due to an emergency situation is protected from
criminal liability.
• Recognizing Human Conditions : They take into account human conditions and
limitations, ensuring that individuals are not punished for actions beyond their control.
Example: A person suffering from a mental disorder who commits an offense may be
exempt from liability if they were incapable ofunderstandingthe nature of their act.
• Promoting Public Interest: Certain actions taken in public interest are protected by general
exceptions. Example: Acts done by public servants in the discharge of their of cial duties,
provided they are done in good faith.
Encouraging Lawful Behaviour: They encourage individuals to act lawfully and
responsibly by providing legal protections for justi ed actions. Example: Reporting a crime
to authorities, even if it involves some form of minor legal breach, is encouraged and
protected.
Balancing Individual Rights and State Interests : General exceptions help balance the
rights of individuals with the interests of the state, ensuring that justice is served without
overreach. Example: Acts done in the exercise of the right of private defence.

Examplesof GeneralExceptionsunder BNS:

• Self-Defense: Protects individuals who harm someone while defending themselves or others
from immediate danger.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fl
fi
fl
fi
fi
fi
fi
 JB SERIES 47 LAW OF CRIMES
Mistake of Fact: Protects individuals who commit an act under a genuine and reasonable
mistake of fact.
Insanity: Exempts individuals who commit an offense due to a severe mental disorder that
prevents them from understanding the nature of their act.
• Necessity:Justi es acts done out of necessity to prevent greater harm, such as breaking into
a house to save someone from a re.

General cxceptions are essential for ensuring that the criminal justice
system is fair, just, and humane. They recognize that not all secmingly criminal acts are
deserving of punishment and provide necessary legal protections for justi ed actions.

[Link] the legal distinction between conspiracy and attempt.

Ans. Conspiracy : Conspiracy refers to an agreement between two or more persons to
commit an illegal act or a legal act by illegal means. It is a distinct offence where the
agreement itself constitutes the crime, even if the act is not carried out.

Attempt: Attempt refers to an act done with the intention to commit a crime and a direct
movement toward its commission.. It is considered a step beyond mere preparation but
stops before the actual crime is executed.

Differencesbetweenconspiracyandattempt :

Aspecttsioo h Conspiracy Attempt

Direct action towards the

An agreement between two
commission ofa crime that
De nition or more persons to commit
falls short of completing the
an illegal act.
crime.

Requires at least two

Number of Can be committed by a
persons agreeing to commit
Participants single person acting alone.
the offence.

Involves taking substantial

Involves planning and
Nature ofAct steps towards committing a
agreeing to commit a crime.
crime.

Considered a preparatory
The crime has been initiated
Stage of Crime stage; the crime itself has
but not completed.
not been initiated.

Warning: Xerox/Photocopying of this book is a CRIMINAL act.

ot JB SERIES
fi
fi
fi
fi
 JB SERIES 48 LAW OF CRIMES
The focus is on the The focus is on the actions

Objective agrecment to commit the taken towards committing

crime. the crime.

The illegal act itself docs The crine remains

Completionof
not need to be completed; incomplete, although steps
Crime
the agreement suf ces. toward it have been taken.

Requires proof of intent and

Requires proof ofagreement
substantial steps taken
Proof Required and intent to commit the
towards committing the
crime.
crime.

One individual breaking

Two individuals planning
Example into a bank but being caught
and agreeing to rob a bank.
before stealing money.

Punishment is close to that

Generally less severe
of the actual offence,
Punishment compared to the punishment
considering the proximity to
for the actual offence.
its commission.

The focus is on punishing

The focus is on preventing
Legal the immediate danger and
the crime through the
Consequence actions taken to commit the
interception ofplans.
crime.

Does not require

Often requires an overt act
Requirement of completion; focuses on
in furtherance of the
Overt Act substantial steps towards the
conspiracy.
crime.

Involves multiple actions

such as planning, Involves direct actions that
Multiplicity of
preparation, and are interrupted before the
Actions
coordination among crime is completed.
conspirators.

Broader, as it includes
Narrowe, as it involves
planning and preparation
Scope of Crime direct actions towards
which may not be easily
committing the crim.
detected.

Warníng: Xerox/Photocopying of this book is a CRIMINALact. JB SERIE

fi
 JB SERIES 49 LAW OF CRIMES
Intent is shared among all Intent lies with the14
Mens Rea
conspirators to achieve the individual taking substantial
(Intent)
criminal objective. steps towards the crime.

The actus reus is the The actus reus is the direct

Actus Reus
agreement itself and any action taken towards
(Action)
preparatory acts. committing the crime.

Oten involves catching the

Involvement of Often involves undercover
offender in the act or
Law operations and surveillance
immediately before
Enforcement togather
evidence. completion.

Considered a serious threat Considered an immediate

Impact on Public as it involves multiple threat due to the direct
Safetyost individuals and extensive actions taken towards the
planning. crime.

Plotting to assassinate a Attempting to assassinate a

Examples in
public gure and making public gure but being
Legal Context
plans to execute the plot. stopped by security.

The criminal plan and The focus is on the

Relevance of
agreement are critical execution of the plan and
Planning elements. the steps taken.

Proactive
Aimed at thwarting the Aimed at stopping the crime
Measures by
crime by intercepting plans. during its execution.
Law

[Link] are general exceptions in criminal law?

Ans. In criminal law general exceptions refer to speci c circumstances under which an
individual may be exempted from criminal liability, even if his/her actions would
constitute an offence. These exceptions recognize that certain conditions or states of mind
can justify or excuse the conduct of the criminal.

•
Following are the General Exceptions :
sps ):o
Section 14: Act Done by a Person Bound by Law or Mistaken Belief : This section
protects individuals who act under the belief that they are legally bound to perform a
particular action. Example: A police of cer dispersing a crowd under the order of a
superior o cer, believing it to be a lawful command, will not be held liable even if some
injuries occur.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
 JB SERIES 50 LAW OF CRIMES
Section 15: Act of Judge When Acting Judicially : Judges are protected when they act
within their judicial capacity. Example: A judge who passes a sentence based on evidence
presented in court is protected, cven if the jurisdiction of the court is later questioned..
Section 16: Act Done Pursuant to Judgment or Order of Court : Actions executed as
per court orders or judgments are protected under this section. Example: A bailiff executing
an cviction order, even if the order is later found to be incorrect, is protected from liability.
Section 17: Act Done by a Person by Mistake of Fact : This provision applies to acts
performed under the justi cation of law or a mistaken belief of fact. Example: A shop
owner detaining a person he believes to be a shoplifter, based on mistaken identity, is
protected under this section.
Section l8: Accident in Doing a Lawful Act: Accidentalharmcaused while engaging in
lawful activities is excusable under this section. Example: If a person, while responsibly
using a tool, causes harm unintentionally, it is not considered an offense if proper caution
was exercised.
Section 19: Act Likely to Cause Harm, but Done Without Criminal Intent, and to
Prevent Other Harm: This section addresses situations where an act is likely to cause
harm but is done without criminal intent to prevent or avoid other harm. Example: A
captain altering the course of a vessel to avoid endangeringpassengers on one boat, even if
it results in a risk to another boat, is not guilty of an offense.
Section 20: Act ofa Child Under Seven Years of Age : Recognizes the innocenceand
lack of culpability in children underseven. Example: Ifa child undersevenaccidentally
causes harm to another person while playing, it is not considered an offense.
Section 21: Act of a Child Above Seven and Under Twelve of Immature
Understanding Ifa child between the ages of seven and twelve commits an offence, they
will not be punished if they had immature understanding of the events and the
consequences. Example: A child of this age group may not fully grasp the severity of their
actions and thus is not held criminally responsible.
Section 22: Act of a Person of Unsound Mind: Acts committed by individuals who are
incapable of understanding the nature andconsequences oftheir actions due tounsoundness
of mind. Example: A person with severemental illness causing harm without
understanding their actions is not criminally liable.
Section 23: Act of a Person Incapable of Judgment by Reason of Intoxication Caused
Against His Will: Applies to individuals who commit acts withoutunderstandingtheir
actions due to involuntary intoxication. Example: A person unknowingly consuming a
drink spiked with drugs and then causing harm is not liable.
Section 24: Offence Requiring a Particular Intent or Knowledge Committed by One
Who Is Intoxicated : Protects individuals who, due to intoxication, do not possess the
intent or knowledge required for certain offences. Example: A person committing an act
without the required mens rea due to intoxication may not be held liable.i.e only applies if
intoxication is involuntary.
Section 25: Act Not Intended and Not Known to Be Likely to Cause Death or Grievous
Hurt, Done by Consent: Applies to acts done with the consent of the person harmed,

Warning: Xerox/Photocopying of this book is a CRIMINALact. JBSERIES

fi
 JB SERIES 51 LAW OF CRIMES
where harm was neither intended nor likely [Link]: A consensual surgical
operation resulting in unforescen complications is not an offence.

. Section 26: Act Not Intended to Cause Death, Done by Consent in Good Faith for
Person's Bene t : Applies to acts done in good faith for another's bene t, with their
consent, and without intent to cause death. Example: Administering emergency rst aid
that unintentionally causes harm.
Section 27: Act Done in Good Faith for Bene t of Child or Person of Unsound Mind,
by, or by Consent of Guardian: Applies to actsdone for the bene t of a child or person
of unsound mind, with guardianconsent. Example: A guardianauthorizing a medical
procedure for a child's bene t.
• Section 28: Consent Known to Be Given Under Fear or Misconception: Nulli es
consent given under fear or misconception. Example: A person agreeing to an act under
duress is protected.i,e Consent obtained through coercion is invalid.
Section 29: Exclusion of Acts Which Are Offences Independently of Harm Caused :
Acts which are offences regardless of the harm caused are not excused. Example:
Committing theft, even if no harm is caused, remains an offence because law focuses on
the inherent criminal nature of the act.
Section 30: Act Done in Good Faith for Bene t ofa Person Without Consent : Applies
to acts Acts done for another's bene t, in good faith, and without their consent, are
protected if they cannot consent. Example: Performing emergency surgery on an
unconscious patient.
• Section 31: Communication Made in Good Faith : Protects individuals making
communications in good faith. Example: A doctor informing a patient about a serious
medical condition. etc
• Section 32: Act to Which a Person Is Compelled by Threats: Applies to acts done under
compulsion or threats. Example: A person forced to commit a minor offence under threat of
harm.
• Section 33: Act Causing Slight Harm : Acts causing minor harm are excusable if done
without intent. Example: Accidentally bumping into someonecausing minor injury.
Section 34: Things Done in Private Defence: Actions taken in self-defenceagainst
immediate threats. Example: Defending oneself against an attacker.
• Section 35: Right of Private Defence of Body and of Property : Extends to defending
oneself or one's property. Example: Using reasonable force to prevent a robbery.
• Section 36: Right of Private Defence Against Act of a Person of Unsound Mind, ete.
Includesdefence against attacks by individuals of unsound mind. Example: Defending
oneself against a mentally unstable attacker.
Section 38: When Right of Private Defence of Body Extends to Causing Death: Allows
causing death in extreme self-defence scenarios. Example: Defending oneself from a lethal
attack. Etc.

These exceptions ensure that the law considers the context, intent, and mental
state behind actions, promoting justice and fairness.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 52 LAW OF CRIMES
[Link] the rationale behind the various types of punishments under the Bharatiya
Nyaya Sanhita, 2023.
Ans. The Bharatiya Nyaya Sanhita (BNS), 2023 outlines various types of punishments,
cach serving distinct purposes within the criminal justice system. Here's a discussion on the
rationale behind these punishments:
> Death Penalty:
Rationale: Reserved for the most heinous crimes, such as murder and terrorism, to serve the
ultimate deterrent and retribution.
Purpose: To protect society by permanently removing the most dangerous offenders and to
provide a sense of justice to the victims and their families.
> Life Imprisonment
• Rationale: For serious offenses that do not warrant the death penalty but still pose
signi cant threat to society.
Purpose: To incapacitate the offender for a prolonged period, ensuring public safety while
allowing the possibility of rehabilitation.
> Rigorous Imprisonment:
• Rationale: For crimes that requirea strong punitive measure but not as severe as life
imprisonment.
Purpose: To punish the offender with hard labour, emphasizing the seriousness of the crime
and deterring future ofenses.
> Simple Imprisonment
• Rationale: For less severe offenses that still require con nement but without theharshness
of rigorous labor.
• Purpose: To punish the offender while maintaining a balance between retribution and the
potential for rehabilitation.
> Forfeiture ofProperty
Rationale: For crimes involving nancial gain or property-related offenses.
Purpose: To strip the offender of ill-gotten gains, deterring similar crimes, and
compensating victims.
Fine
• Rationale: For offenses where monetary penalties are appropriate and suf cient.
• Purpose: To impose a nancial burden on the offender, serving as both punishment and
deterrence without the need for imprisonment.
> Community Service
• Rationale: For minor offenses where the offender can contribute positively to society.
• Purpose: To rehabilitate the offender by engaging them in community work, fostering a
sense of responsibility and social contribution. aWas
> Solitary Con nement
Rationale: For particularly disruptive or dangerous offenders within the prison system.
Purpose: To isolate the offender, preventing harm to others and maintaining order within
the correctional facility.
> Enhanced Punishment for Repeat Offenders

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fi
fi
fi
fi
fi
 JB SERIES 53 LAW OF CRIMES
. Rationale: For individuals with a history ofcrimninalbehavior.
• Purpose: To provide a stronger deterrent and cnsure that repcat offenders face more severe
consequences.
> Commutation of Sentence
Rationale: To allow for leniency in certain cases where the original punishment may be
deemed excessive.
Purpose: To provide a mechanism for mercy and rehabilitation, recognizing that some
offenders may deserve a second chance.

These punishments are designed to balance the goals of deterrence,

retribution, rehabilitation, and societal protection. They aim to create a fair and just legal
system that addresses the complexities of human behaviour and the need for second
chances.

[Link] the legal implications of sexual offences as per the Bharatiya Nyaya
Sanhita, 2023.
Ans. The Bharatiya Nyaya Sanhita (BNS), 2023 introduces several changes and
provisions regarding sexual offences, aiming to address contemporary issues and provide
better protection for victims.
Following are the new legal implications:
Expanded De nitions : The BNS expands the de nitions of sexual offences to include a
wider range of reprehensible activities. Example: Acts like stalking, voyeurism, and sexual
harassmentaremorecomprehensivelyde nedand [Link] tsals
Focus on Women and Children: The BNS introduces a new chapter speci cally
addressing offences against women and children. Example: Crimes such as rape, gang rape,
and outraging the modesty of a woman are covered under this chapter.
• Gender Neutrality : While some provisions are made gender-neutral, the offence of rape
remains gender-speci c, where the offender can only be a man and the victim a woman.
Example:The BNSdoesnotprovide for therape ofmenortransgenderindividuals. '
• Stricter Punishments: The BNS proposes stricter punishments for sexual offences to act as
a deterrent and ensure justice for victims. Example: Enhanced penalties for gang rape and
sexual offences against minors.
• Protection of Victims : The BNS emphasizes the protection and rights of victims, ensuring
they receive justice and support. Example: Provisions for victim compensation and support
services.
• Modern Legal Framework: The BNS aims to modernize the legal framework to better
addresssexual offences in the context of contemporary societal norms and technological
[Link]: Inclusion of cyber-related sexualoffences.
Addressing New Crimes : The BNS introduces new offences to address emerging forms of
sexual crimes. Example: Provisions for crimes like revenge porn and online harassment.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
 JB SERIES 54 LAW OF CRIMES
Harmonization with Other Laws : The BNS attempts to harmonize its provisions with
other relevant laws, such as the Protection of Children from Sexual Offences (POCSO) Ac.
Example: Aligning the treatment of gang rape of minor women with the POCSO Act.

These legal implications re cct the BNS's commitment to creating a more

comprehensive and effective legal framework for addressing sexual offences, ensuring
justice for victims, and deterring potential offenders.

[Link] ne criminal force and assault against women according to Sections 74 to 79 of

the Bharatiya Nyaya Sanhita, 2023.
Ans. Sections 74 to 79 of the Bharatiya Nyaya Sanhita (BNS), 2023, address offenses
involving criminal force and assault against women.
Criminal Force Against Women (Section 74) : The use of force against a woman without
her consent with the intention of causing harm, fear, or annoyance. This can include
pushing, hitting, or any physical act intended to overpower or control the woman against her
will.
Example : Ifa man grabs a woman's arm forcefully without her consent to drag her out of
a room, it constitutes criminal force
• Assault Against Women (Section 75): An action that involves the threat of violence
against a woman, creating a reasonable apprehension of immediate harm. This does not
necessarily involve physical contact but can include gestures, verbal threats, or other actions
that cause fear of imminent violence.
Example : Ifa man threatens a woman with a raised st, causing her to fear imminent
physical harm, it constitutes assault
Penalties and Provisions (Sections 76 to 79)
> Penalties: The BNS outlines speci c penalties for criminal force and assault against
women, which may incude imprisonment, nes, or both, depending on the severity and
circumstances of the offence.
> Provisions: Additional provisions may include restraining orders, protection orders, and
other legal measures to ensure the safety and protection of the victim.

The BNS outlines speci c penalties for criminal force and assault against
women, which may include imprisonment, nes, or both, depending on the severity and
circumstances of the offence.

Following are some of the crimes against women :

Sexual harassment : If someone touches, talks, or behaves in a sexual way without a

woman's consent, it is a crime. Actions like making sexual comments or demanding
favours are included.
Section 75: Assault to Disrobe a Woman: If someone tries to remove a woman's clothes
by force, it is a serious crime.
Punishment: Imprisonment for 3 to 7 years and a ne.

Warning: Xerox/Photocopying of this book isaCRIMINALact. JBSERIES

fi
fi
fi
fi
fl
fi
fi
fi
 JB SERIES 55 LAW OF CRIMES
Section 76: Voyeurism : Ifa person secretly watches or takes photos/videos ofa woman
doing private activities without her consent, it's called [Link] such videos or
pictures is also a crime.
Punishment: Imprisonment for 1 to 3 years for the rst ofense, and 3 to 7 years for repcat
offenses, plus a ne.
• Section 77: Stalking : It means repeatedly following a woman, contacting her, or spying
on her online even after she says "no" is stalking.
Punishment: Imprisonment up to 3 years for the rst offense, and up to 5 years for repeat
offenses, plus a ne.
• Section 78: Acid Attack : Throwing acid or trying to throw acid on a woman to harm or
dis gure her is a grave offense.
Punishment: Imprisonment for 10 years to life, plus a ne.
Section 79: Insulting Modesty : Saying inappropriate words, making offensive gestures, or
showing something to insult a woman's dignity is a crime.
Punishment: Imprisonment up to 1 year, a ne, or both.
• Section 79: Word, Gesture, or Act Intended to Insult Modesty of a Woman : This
sectiontargets individuals who, intending to insult the modesty ofa woman, utter any word,
make any sound or gesture, or exhibit any object intending that such word or sound shall be
heard, or that such gesture or object shall be seen by the woman, or intrudes upon the
privacy of such woman.
Punishmnent: Imprisonment up to one year, nes, or both.

These laws aim to protect women and ensure strict punishment for anyone
who harms or disrespects them

12. Describe the protections provided for women under Sections 74 to 79.
Ans. . Sections 74 to 79 of BNS speci cally address protections for women against sexual
[Link] sections aim to safeguard women's dignity and ensure that perpetrators of
sexual violence are held accountable for their actions.

Section 74: This section punishes anyone who assaults or uses criminal force against a
woman with the intention ofoutraging her modesty. The punishment includes imprisonment
for at least one year, which can extend up to ve years, and a ne. This section is crucial in
protecting women from acts that violate their personal dignity and modesty.
• Section 75: Thís section deals with sexual harassment, which includes unwelcome physical
contact, sexual advances, demands for sexual favors, showing pornography against a
woman's will, and making sexually coloured remarks. The punishment for such offenses can
be rigorous imprisonment for up to three years, a ne, or both.
Section 76: This section covers sexual intercourse by a man with a woman who is not his
wife under certain circumstances. The punishment includes imprisonment and nes.
Section 77: This section provides punishments for attempting to commit offenses under
Sections 75 and 76. Attempting to commit sexual harassment or non-consensual sexual acts
is alsoconsideredaseriousoffense..

Warning:Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 56 LAW OF CRIMES
• Section 78: This section deals with the punishment for attempting to commit rape.
Attempting to commit rape is trcated as a grave offense.

Section 79: This section covers the punishment for attempting to commit any of the
offenses nmentioncd in Sections 75 to 78.
By addressing various forms of sexual violence and their attempts,
these scctions play a crucial role in promoting gender cquality and protecting women's
rights.

[Link] are the offences relating to marriage as outlined in Sections 80 to 86 of the

Bharatiya Nyaya Sanhita, 20232
Ans. According to the Bharatiya Nyaya Sanhita (BNS) 2023, Sections 80 to 86 primarily
deal with offences related to marriage.
Following are the offences related to marriage :

• Section 80: Dowry Death: Death of a woman caused by burns, bodily injury, or occuring
under other than normal circumstances within seven years of marriage, and it is shown that
soon before her death, she was subjected to cruelty or harassment by her husband or his
relative for dowry.
Punishment: Imprisonment for a term not less than seven years, which may extend to
imprisonment for life.
• Section 81: Cohabitation Caused by Deceitful Inducement of Belief of Lawful
Marriage: A man deceives a woman who is not lawfully married to him into believing that
she is lawfully married to him, causing her to cohabit or have sexual intercourse with him.
Punishment: Imprisonment for a term which may extend to ten years, and a ne.
Section 82: Marrying Again During Lifetime of Husband or Wife : Marrying another
person while having a living spouse, in cases where such marriage is void due to the
existing marriage.
Punishment: Imprisonment for a term which may extend to seven years, and a ne.
Section 83: Fraudulent Marriage Ceremony : Going through a marriage ceremony
dishonestly or with fraudulent intent, knowing that one is not lawfully married.
Punishment: Imprisonment for a term which may extend to seven years, and a ne.
Section 84: Enticing or Taking Away or Detaining with Criminal Intent a Married
Woman: Taking or enticing away a married woman with the intent of illicit intercourse, or
concealing or detaining her with that intent.
Punishment: Imprisonment for a term which may extend to two years, or with a ne, or
both.
Section 85: Adultery: Sexual intercourse between a married woman and a man who is not
her husband, with the consent or connivance of such man.
Punishment: Imprisonment for a term which may extend to two years, or witha ne, or
both.
• Section 86: Rape : Sexual intercourse with a woman against her will, without her consent,
or with her consent when obtained under fear of injury ornmisconception of fact.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
 JB SERIES 57 LAW OF CRIMES
Punishment: Imprisonment for life, or fr a term which may extend to twenty ycars, and
shall also be liable to ne.
These sections aim to protcct the sanctity of marriage and ensure the
safety and dignity of women by addressing various offences related to marriage.

[Link] the legal remedies available for offences relating to marriage under the
Bharatiya Nyaya Sanhita, 2023.

Ans. Under the Bharatiya Nyaya Sanhita (BNS), 2023, several legal remedies are
available for offences relating to marriage. These remedies are designed to protect the rights
and dignity of individuals, especially women, and to ensure justice in cases of matrimonial
offences.

Followingare the legalremedies:

Filing a Complaint and Criminal
t neelg es
Proceedings : Victims or their representatives can le a
complaint with the police or appropriate authorities to initiate criminal proceedings against
the offender. Example: A woman facing cruelty or dowry harassment can le a complaint,
leading to the arrest and prosecution of the offender.
• Rescue and Protection Orders : Authorities can issue rescue and protection orders to
safeguard victims of matrimonial offences, ensuring their safety and well-being. Example:
A woman subjected to domestic violence can seek a protection order to prevent the offender
from contacting or approaching her.
Legal Representation and Counsel :Victims have the right to legal representation and
counsel to assist them in navigating the legal process and ensuring their rights are protecte.
Example: Legal aid services can provide free or subsidized legal assistance to victims of
matrimonial offences who cannot afford private counsel.
Compensation and Restitution : Courts can order compensation and restitution to victims
for the harm and losses suffered due to matrimonial offences. Example:A woman who has
suffered physical or emotional harm due to domestic violence can be awarded nancial
compensation for medical expenses and psychological support.
• Marriage Annulment and Divorce : Victims of fraudulent, forced, or deceitful marriages
canseek annulment or divorce to legally dissolve the marriage. Example:A woman
deceived into marriage can le for annulment, declaring the marriage void and seeking legal
separation.
Custody and Maintenance Orders : Courts can issue orders for the custody of children
andmaintenance support for the victim and children in cases of matrimonial offences.
Example: A woman granted a divorce due to cruelty or adultery can seek custody of her
children and maintenance support from her ex-husband.
• Counselling and Rehabilitation Services : Victims can access counselling and
rehabilitation services to support their emotional and psychological well-being during and
after the legal process. Example: Counselling centers and support groups can provide
therapeuticand emotional support to victims of domestic violence.

Warning: Xerox/Photocopying of this book is a CRIMINALact.

e JB SERIES
fi
fi
fi
fi
fi
 JB SERIES 58 LAW OF CRIMES
Immediate Arrest and Detention : In cases of serious offences like dowry death or
grievous harm, the authorities can make immediate arrests and detain the offender pending
trial. Example: In cases of dowry death, the husband or in-laws can be immediately arrested
and detained to prevent further harm or tampering with evidence.

These legal remedies available aim to provide comprehensive protection and

justice to victims of matrimonial offences. They cnsure that offenders are held accountable,
and victims receive the necessary support and compensation to rebuild their lives.

[Link] does the law differentiate between kidnapping and abduction?

Ans. Kidnapping : Kidnapping involves unlawfully taking or enticing a minor (under 18
years) or a person of unsound mind away from their lawful guardian without their consent
Abduction: Abduction involves forcibly or deceitfully taking or enticing a person from
one place to another. The person being abducted can be of any age.

Diferences between kidnapping and abduction

Aspect Kidnapping Abduction

Unlawfully taking or
Forcibly or deceitfully
enticing a minor (under
taking or enticing a
De nition 18) or a person of
person from one place
unsound mind from their
to another.
lawful guardian.

Involves minors (under 18

Can involve persons of
Age Factor years) or persons of
any age.
unsound mind.

Involves taking or Involves force, deceit,

Method
enticing without consent. or compulsion.

Consent of the minor or Consent is obtained

Consent person of unsound mind is through force or
not considered valid. deception.

No requirement for a
Guardian's Always involves removal
guardian's presence or
Role from lawful guardianship.
guardianship.

Can involve any illegal

Generally to remove the
purpose such as ransom,
Purpose minor or person from
marriage, or causing
lawful guarianship.
harm.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
 JB SERIES 59 LAW OF CRIMES
Intent to remove the Intent to forcefully or
Intent person from lawful deceitfully move a
custody. person.

Involves mo ving a
Involves taking the victim pcrson from one place
Location from the care ofsomeone to another, not
legally responsible. necessarily involving a
guardian.

Does not necessarily

involve force or Always involves force,
Force or
deception, as it focuses on deception, or
Deception
taking from lawful compulsion.
guardianship.

Taking a 17-year-old girl Forcing a woman into a

Example without her parents' car and taking her to a
permission. remote location.

Imprisonment and nes,

Imprisonment and nes,
with severity depending
with severitydepending
Punishment on the speci c
on the speci c
circumstances of the
circumstances of the case.
case.

Addresses a broader
Focuses on the protection
Legal range of situations
of minors and those
Consequences involving force and
unable to consent.
deceit.

Primarily concerns the Can involve both

psychological impact on physical and
Emotional and
minors and those unable psychological harm due
Physical Impact
to understand the to the use of force or
situation. deceit.

By enforcing strong laws, proactive measures, and

community participation, the menace of kidnapping and abduction can be
effectively curtailed.

l6Whatare the offences against children as speci ed in Sections 93 to 99 of the

aratiya Nyaya Sanhita, 2023?

Maring:1erox
JB SERIES
OPhotocopying of this book is a CRIMINALact.
fi
fi
fi
fi
fi
 JB SERIES 60 LAW OF CRIMES
Ans. Offences Against Children as Spcci cd in Sections 93 to 99 of the Bharatiya Nyaya
Sanhita, 2023

Section 93: Exposure and Abandonment of Child : Exposing or abandoning a child under
the age of 12 ycars by the parent or person having care of the child with the intention of
wholly abandoning the child. Punishment: Imprisonment for up to seven years, or a ne, or
both.
Section 94: Concealment of Birth by Seeret Disposal of Dead Body: Secretly burying or
disposing of the dead body of a child to conceal its birth. Punishment: Imprisonment for up
to two ycars, or a ne, or both.
Section 95: Hiring, Employing, or Engaging a Child to Commit an Offence: Hiring,
employing, or cngaging a child to commit an offencc. Punishment: Imprisonment for a
term not less than three years but which may extend to ten years, along with a ne.
Section 96: Procuration of Child : Inducing a child to go from one place to another or to
do any act with the intention or knowledge that it is likely the child will be forced or
seduced into illicit intercourse with another person. Punishment: Imprisonment for up to
ten years, or a ne, or both.
Section 97: Sexual Exploitation of Children : Sexual exploitation of children, including
using children for pornography or other forms of sexualabuse. Punishment: Severe
penalties, including imprisonment and nes, depending on the severity of the exploitation.
• Section 98: Child Labour: Employing children in any form of labour that deprivesthem
of their childhood, potential, and dignity, and that is harmful to their physical and mental
development. Punishment: Penalties include imprisonment and nes, with the severity
depending on the nature and extent of the labour.
Section 99: Child Traf cking :Traf cking children for illegal purposes such as forced
labour, slavery, or commercial sexual exploitation. Punishment: Severe penalties,
includingimprisonmentfor life andsubstantial nes. lo
These sections aim to protect children from various forms of
exploitation, abuse, and neglect by clearly de ning and penalizing such offences

17. Differentiate between culpable homicide and murder under the Bharatiya Nyaya
Sanhita, 2023.

Ans. Culpable homicide : It refers to the act of causing the death of a person with the
intention of causing death, or with the knowledge that the act is likely to cause death.

Murder : Murder refers to the act of causing the death of a person with the intention of
causing death, or with the knowledge that the act is likely to cause death, under
circumstances that do not justify the act. Murder is characterized by a higher degree of
intention or recklessness compared to culpable homicide, and it lacks mitigating factors

Differences between Culpable homicide and Murder

Warning: Xerox/Photocopying of this book is a CRIMINALact. d aey JB

SERIES
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 61 LAW OF CRIMES
Aspect Culpable Homicide Murder

Causing the death of a

person with the intention
Causing the death of a
of causing death or with
person with the intention
the knowledge that the
of causing death or with
De nition act is likely to cause
the knowledge that the
death, under
act is likely to cause
circumstances that do not
death.
fall under exceptions
provided by law.

Intention to cause death, Intention to cause death,

or intention to cause or intention to cause

Intention bodilyinjurylikely too bodily injury likely to

cause death, or cause death, with no
knowledge that the act is circumstances that
likely to causedeath. mitigate the offence.

More severe, considered

Less severe compared to
Severity a higher degree of
murder.
culpability.

Certain exceptions and

nlel mitigating
circumstancesDoes not include
can reduce the offence exceptions that can
Exceptions and from murder to culpable reduce the culpability,
Mitigations homicide not amounting such as premeditated or
to murder (e.g., sudden extreme depravity of
provocation, self- mind.
defense).

Imprisonment for life, or

imprisonment fora term Imprisonment for life or
Punishment
which may extend to ten death penalty, and ne.
years, and ne.

A person hitting another

A person stabbing
with a stick, knowing it
another multiple times
Example could cause death but
with a knife, intending to
without intending to kill,
kill, leading to death.
I s resultingindeath.

ning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
 JB SERIES 62 LAW OF CRIMES
Covered under Sections
Legal for Culpable Homicide Covered under Sections
References not amounting to for Murde.
Murder.

Higher degree of moral

Lowerdegree of moral
Degree of blameworthiness due to
blameworthiness
Culpability premeditation or extreme
compared to murder.
recklessness.

Intention to May intend to cause Clear intention to cause

Cause Bodily bodily harm but not death or severe injury
Harm necessarily death. likely to cause death.

Lack ofprovocation;
May occur in the heat of
Circumstances often involves
passion or due to sudden
of Provocation premeditation or extreme
provocation.
malice.

Not committed in the heat

Often committed in the
ofpassion;involves
Heat of Passion heat of passion, reducing
deliberate or planned
moral blameworthiness.
actions.

Knowledge that the act is

Knowledge and intention
Knowledge of likely to cause death, but
to cause death, often with
Consequences without direct intent to
disregard for human life.
kill.

Presence of mitigating Absence of mitigating

Mitigating factors such as self- factors; involves clear
Factors defense, accident, or intent and lack of
diminished capacity. justi cation.

A personunintentionally A person planning and

Examples in causing death during a executinga killing with
Law ght due to sudden clear intention and
anger. premeditation.

Murder usually requires a higher level of intent, such as premeditation or

malice aforethought. Culpable homicide not amounting to murder may involve a lower level
of intent, such asrecklessness or negligence, but not the level of intent required for murder.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JBSERIES

fi
fi
 JB SERIES 63 LAW OF CRIMES
[Link] the difference between wrongful restraint and wrongful con nement
according to Sections 126 and 127 of the Bharatiya Nyaya Sanhita, 2023.

Ans. Wrongful Restraint: It means preventing a person from moving freely in a direction
where they have a right to go.
Example: Blocking someone's path on a road.

Wrongful Con nement: It means preventing a person from moving beyond certain
limits in which they are con ned.
Example: Locking somcone in a room.

Differences between wrongful restraint and wrongful con nement

Wrongful Restraint (Section Wrongful Con nement
Aspect
126) (Section 127)

Preventing a person from Preventing a person from

De nition proceeding in any direction proceeding beyond certain
they have a right to go. circumscribed limits.

Intention Intentional act Intentional act

Extent of Partial restriction of Complete restriction of

Restriction movement movement

Restriction in one or more Con nemnent within certain

Key Element
directions boundaries

Purpose To restrict movement To completely con ne

Blocking someone's path on a

Example Locking someone in a room
public road

Imprisonment for a term Imprisonment for a term

which may extend to one which may extend to one
Punishment
month, or ne up to ve year, or ne up to one
hundred rupees, or both. thousand rupees, or both.

Legal Less severe compared to More severe due to complete

Consequence wrongful con nement restriction of freedom

Typically involves preventing Involves restricting a person

Nature of
free movement in a speci c within con ned boundaries,
Offence
direction. preventing exit.

Can involve longer-term

Duration Typically short-term restraint.
con nement.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 64 LAW OF CRIMES
May or may not involve Often involves physical or
Use of Force
physical force. psychological force.

Area of Usually occurs in public Can occur in private or

Restriction places or common pathways. secluded arcas.

Psychological Causes inconvenience or Causes signi cant distress or

Impact minor distress. psychological trauma.

Person restrained can seek Person con ned may require

Legal Remedy immediate relief through law court intervention for
enforcement. release.

Degree of Complete--individual
Partial-individual can move
Freedom cannot move beyond speci c
in other directions.
Restricted limits.

Proactive Can often be resolved with Requires more substantial

Measures minimal legal action. legal action for resolution.

Both offenses are aimed at restricting personal liberty, but wrongful con nement
represents a more serious infringement of that right.

19. What constitutes offences against the state under BNS, 2023?

Ans. The Bharatiya Nyaya Sanhita (BNS), 2023,recognizesthe gravity of these offences
and lays down stringent legal provisions to addressthem. Chapter VII of the BNS, Sections
147 to 158, speci cally deals with these offences, highlighting their signi cance and the
severe penalties associated with them.

Following are the offences against the state

Section147 :Waging, or attemptingto wagewar, or abettingwaging of war,against

GovernmentofIndia.
Section148:Conspiracy to commitoffencespunishable bysection147.
Section149:Collectingarms,etc., with intention of waging waragainstGovernmentof
India.
Section 150:Concealing with intent to facilitate designto wage war.
• Section151 :Assaulting President,Governor, etc., with intent tocomnpelor restrain
exerciseof anylawfulpower.
Section152:Actendangeringsovereignty, unity and integrity of India.
Section153:Waging waragainstGovernmentof any foreign State atpeacewith
GovernmentofIndia.
Section154:Committingdepredationonterritories of foreign Stateatpeacewith
Governmentof India,
Section155Receivingpropertytakenby war ordepredationmentionedin sections153
and154.
Warning: Xerox/Photocopying of this book isaCRIMINALact. JB SERIES
fi
fi
fi
fi
fi
fi
 JB SERIES 65 LAW OF CRIMES
Section156:Publicservantvoluntarily allowingprisoner ofStateor war toescape.
. Section157:Public servant negligently suffering such prisoner toescape.
• Section158:Aiding escape of rescuingorharbouringsuchprisoner.

Punishment: Punishments for offences against the state include: Based on the seriousness
of the offence the punishments are :

Imprisonment for seven years , with or without a ne

Imprisonment for life, with or without a ne
Imprisonment for a term up to seven years, with or without a ne a ne

By establishing clear legal boundaries, the BNS, 2023, aims to deter

individuals and groups from engaging in activities that could destabilize the state. These
provisionsnot only protect the government but also ensure the safety and security of the
citizensby maintaining law and order

[Link] legal provisions for offences relating to the Army, Navy, and Air Force
under BNS, 2023.

[Link] the Bharatiya Nyaya Sanhita (BNS) of 2023, o ffences related to the Army, Navy,
andAir Force are primarily covered by sections around 160-168, which criminalize acts like
abetting mutiny, assault on superior of cers, insubordination, desertion, and wearing military
garbwithout authorization, with punishments ranging from imprisonment to nes depending
onthe severity of the ofense; essentially, anyone who incites or facilitates such acts within
thearmed forces can be prosecuted under these provisions.

Followingare the offences relating to the Army, Navy and Air Force

Sections159 BNS: Abetting mutiny, or attempting to seduce a soldier, sailor or

airman from his duty: Whoever abets the committing of mutiny by an of cer, soldier,
sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts
toseduce any such of cer, soldier, sailor or airman from his allegiance or his duty, shall
bepunished with imprisonment for life, or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to ne.

• Section 160 BNS : Abetment of Mutiny if Mutiny is Committed :If mutiny is

committed as a result of abetment.
Punishment: Death, life imprisonment, or up to ten years of imprisonment, along with a
ne.
Section 161 BNS : Abetment of assault by soldier, sailor or airman on his superior of ce,
when in execution of his of ce :Whoever abets an assault by an of cer, soldier., sailor or
airman, in the Army, Navy or Air Force of the Government of India, on any superior
of cer being in the execution ofhis of ce, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to ne.
Section 162 BNS: Abetment of such assault, if assault is committed: Whoever abets an
assaultby an of cer, soldier, sailor or airman, in the Army, Navy or Air Force of the
Governmentof India, on any superior of cer being in the execution ofhis of ce, shall, if
suchassault be committed in consequence of that abetment be punished with

Warning:Xerox/Photo copying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 66 LAW OF CRIMES
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to ne.
• Section 163 BNS :Abetment of desertion of soldier, sailor or airman :Whoevcr abetsthe
desertion of any of cer, soldier, sailor or airman, in the Army, Navy or Air Force of the
Govemment of India, shall be punished with imprisonment of cither description for a
ten which may extend to two ycars, or with ne, or with both.
Section 164 BNS : Habouring deserter: Whoever, abets the desertion of any of cer,
soldier, sailor, or airnman. , shall be punished with imprisonment of either description for
a term which may extend to two ycars, or with ne or with both.
Section l65 BNS : Deserter concealed on board merchant vessel through negligence of
master: The master or person in charge of a merchant vessel, on board of which any
deserter from the Army, Navy or Air Force of the Government of India is conccaled,
shall, be liable to a penalty not exceeding three thousand rupees, if he might have known
of suchconcealment
Section 166 BNS| Bharatiya Nyaya Sanhita (BNS): Abetment of act of insubordination
by soldier, sailor or airman :Whoever abets what he knows to be an act of
insubordination by an of cer, soldier, sailor or airman, in the Army, Navy or Air Force,
of the Government of India, shall, if such act of insubordination be committed in
consequence of that abetment, be punished with imprisonment of either description for a
term which may extend to two years, or with ne, or with both.
• Section 167 BNS :Persons subject to certain Acts :No person subject to the Air Force
Act, 1950, the Army Act, 1950 and the Navy Act, 19S7, or shall be subject to punishment
under this Sanhita for any of the offences de ned in this Chapter.
• Section 168 BNS| Bharatiya Nyaya Sanhita (BNS): Wearing garb or carrying
token used by soldier, sailor or airman:Whoever, not being a soldier, sailor or
airman in the Army, Naval or Air service of the Government of India, wears any
garb or carries any token resembling any garb or token used by such a soldier,
sailor or airman with the intention that it may be believed that he is such a soldier,
sailor or airman, shall be punished with imprisonment of either description for a
term which may extend to three months, or with ne which may extend to twO
thousand rupees, or with both.
This legal framework underscores the importance of discipline and
integrity within the armed forces, ultimately contributing to the security and stability of
the nation.

[Link] are the various election-related offences covered under BNS, 2023?

Ans. The Bharatiya Nyaya Sanhita (BNS), 2023, outlines several election-related offences to
ensure the integrity and fairness of the electoral process. These offences are covered in
Chapter IX ofthe BNS,

Following are the election-related offences;

• Bribery (Section 170): Giving or receiving any grati cation to induce a person to
exercise their electoral right or as a reward for having exercised such a right.

Warning: Xerox/Photo copying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 67 LAW OF CRIMES
Punishment: Imprisonment for a term which may extend to one year, or with ne, or
with both.
Undue In uence at Elections (Section 171): Voluntarily interfering or attempting to
interfere with the free exercise of any clectoral right, including using coercion,
intimidation, or any other unlavwful means to in uence voter behaviour.
Punishment: Imprisonment for a term which may extend to one year, or with ne, or
with both3.
Personation at Elections (Section 172): Applying for a voting paper or voting in the
name of any other person, whether living or dead, or in a ctitious name, or voting more
than once at the same election.
Punishment: Imprisonment for a term which may extend to one ycar, or with ne, or
with both3.
• False Statement in Connection with an Election (Section 175): Making or publishing
false statements about the personal character or conduct of a candidate to prejudice their
electoral [Link]: Fine.
Inciting Animosity Between Groups (Section 176): Promoting enmity between different
groups on grounds of religion, race, caste, community, or language to in uence the
outcome of an election. P
Punishment: Imprisonment for a term which may extend to three years, or with ne, or
with both.
Breach of Spending Laws (Section 177): Violating the prescribed limits on election
expenses. Punishment: Imprisonment for a term which may extend to one year, or with
ne, or with both.

These provisions aim to maintain the integrity of the electoral process by

penalizing actions that undermine free and fair elections. By addressing issues such as
bribery, undue in uence, personation, and false statements, the BNS, 2023, seeks to protect
thedemocratic process and ensure that elections are conducted transparently and fairly.

[Link] offences related to coin, currency-notes, bank-notes, and government

stamps under BNS, 2023.

[Link] Bharatiya Nyaya Sanhita (BNS), 2023, outlines several offences related to coin,
Currency-notes,bank-notes, and government stamps to protect the integrity of the nation's
nancialinstruments. These offences are covered in Chapter X of the BNS.

• Counterfeiting Coin, Government Stamps, Currency-Notes, or Bank-Notes (Section

178):Counterfeiting or knowingly performing any part of the process of counterfeiting
any coin, government stamp, currency-note, or bank-note.
Punishment: Imprisonment for life, or imprisonment for up to ten years, along with a
ne.

Usingas Genuine, Forged or Counterfeit Coin, Government Stamp, Currency-

Notes, or Bank-Notes (Section 179): Selling, delivering, buying, receiving, or otherwise
traf cking or using as genuine any forged or counterfeit coin, government stamp,
Currency-note, or bank-note, knowing or having reason to believe it to be forged or
counterfeit.

Punishment: Imprisonment for life, or imprisonment for up to ten years, along with a
ne.
War
aning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES
fi
fi
fi
fi
fi
fi
fi
fi
fi
fl
fl
fl
fl
fi
 JB SERIES 68 LAW OF CRIMES
• Possesşion of Forged or Counterfeit Coin, Government Stamp, Currency-Notes, or
Bank-Notes (Section 180): Possessing any forged or counterfeit coin, government stamp.
currency-note, or bank-note, knowing or having reason to believe it to be forged or
counterfeit and intending to use it as genuine or that it may be used as genuine.

Punishment: Imprisonment for up to seven years, or with ne, or with both.

Making orPossessingInstruments or Materials for Forging or Counterfeiting Coin,

Government Stamp, Currency-Notes, or Bank-Notes (Section 181):Making or
possessing any instruments or materials for the purpose of forging or counterfeiting any
coin, government stamp, currency-note, or bank-note.
Punishment: Imprisonment for up to seven years, or with ne, or with both.

• Making or Using Documents Resembling Currency-Notes or Bank-Notes (Section

182): Making or using any document that resembles a currency-note or bank-note with
the intent to deceive.

Punishment: Imprisonment for up to seven years, or with ne, or with both.

• Effacing Writing from Substance Bearing Government Stamp (Section 183):Efacing

writing from any substance bearing a government stamp, or removing a stamp from a
document with the intent to cause loss to the government.

Punishment: Imprisonment for up to three years, or with ne, or with both. Using
Government Stamp Known to Have Been Used Before (Section 184): Using a
government stamp known to have been used before.

Punishment: Imprisonment for up to three years, or with ne, or with both.

• Erasure of Mark Denoting that Stamp Has Been Used (Section 185): Erasing or
removing any mark denoting that a stamp has been used.

Punishment: Imprisonment for up to three years, or with ne, or with both.

• Prohibition of Fictitious Stamps (Section 186): Making, using, or possessing any

ctitious stamp with the intent to deceive.

Punishment: Imprisonment for up to seven years, or with ne, or with both.

Person Employed in Mint Causing Coin to Be of Different Weight or Composition

(Section 187): A person employed in the mint causing any coin to be of a different
weight or composition from that xed by law.
Punishment: Imprisonment for up to seven years, or with ne, or with both.

Unlawfully Taking Coining Instrument from Mint (Section 188): Unlawfully taking
any coining instrument from the mint.
Punishment: Imprisonment for up to seven years, or with ne, or with both.
These provisions aim to protect the integrity of the nation's nancial
instruments and ensure that any actions undermining their authenticity are met with strict
legal consequences.

[Link] ne offences against public tranquillity as per BNS, 2023

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, offeces against public tranquility are
those that disrupt public peace and order.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JBSERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 69 LAW OF CRIMES
Following are the offences against public tranquility:

> Unlawful Assembly Section ( 189 of BNS ):An unlawful assembly is de ned as a
gathering of ve or more people with the common intent to:
• Use criminal force or the threat of criminal force to overawe the government or public
of cials.
Resist the execution of any law or legal process.
Commit mischicf, criminal trespass, or other offenses.
• Deprive any person of their rights or compel someone to do something they are not
legally bound to do.
Punishment: Imprisonment for up to six months, or a ne, or both.

> Rioting (190 of BNS): Rioting occurs when an unlawful assembly or any memberof it
usesforce or violence to achieve their common objective. The key elements include:

• The existence of an unlawful assembly.

• Use of force or violence by the assembly or any member in pursuit of their common
goal.
Punishment: Imprisonment for up to two years, or a ne, or both

> Affray (192 of BNS) : An afray is de ned as a situation where two or more persons
engagein a ght in a public place, thereby disturbing public peace.

The essential elenments :

• The involvement of two or more persons.

Fighting in a public place.
Causing disturbance to public peace and order.
Punishment : Imprisonment for up to one month, or a ne, or both.

> Promoting Enmity Between Groups( 193 ofBNS): This offense involves acts that
promote enmity, hatred, or ill-will between different groups based on:

Religion
Race
Place of birth
•Residence
• Language, etc.

Punishment: Promoting Enmity Between Groups: Imprisonment for up to three years, or a

ne, or both.
Each offence has speci c legal provisions and corresponding punishments to
naintainpublic order and discourage disruptive behaviour:

[Link] constitutes offences by or relating to public servants under BNS, 2023?

[Link] the Bharatiya Nyaya Sanhita (BNS) 2023, ofenses by or relating to publie
*rvants are addressed in Chapter XII, Sections 198 to 205. These sections cover various acts
ofmisconductand vio lations committed by public servants.

aning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 70 LAW OF CRIMES
Following are the offences relating to public servants

Public Servant Disobeying Law (Section 198) : A public servant who knowingly
disobeys any direction of the law as to the way they are to conduct themsclves, intending
to cause injury to any person.
Punishment: Simple imprisonment for up to one year, or a ne, or both.

Public Servant Disobeying Direction Under Law (Section 199): A public servant who
knowingly disobeys any direction of the law which prohibits them from requiring the
attendance of any person for investigation or any other matter, or disobeys any other
direction regulating the manner of conducting such investigation.
Punishment: Imprisonment for up to two years, or a ne, or both.

• Punishment for Non-Treatment of Victim (Section 200): A person in charge of a

hospital, public or private, who contravenes provisions requiring immediate rst-aid or
medical treatment to a victim.

Punishment: Imprisonment for up to one year, or a ne, or both.

• Public Servant Framing an Incorrect Document with Intent to Cause Injury

(Section 201): A public servant who frames an incorrect document with the intent to
cause injury to any person.
Punishment: Imprisonment for up to three years, or a ne, or both.

Public Servant Unlawfully Engaging in Trade (Section 202): A public servant who
engages in trade or business without legal authorization.
Punishment: Imprisonment for up to one year, or a ne, or both.

Public Servant Unlawfully Buying or Bidding for Property (Section 203): A public
servant who unlawfully buys or bids for [Link]: Imprisonment for up to
two years, or a ne, or both.
Personating a Public Servant (Section 204): A person who falsely personates a public
servant.
Punishmnent: Imprisonment for up to two years, or a ne, or both.

Wearing Garb or Carrying Token Used by Public Servant with Fraudulent Intent
(Section 205): A person who wears any garb or caries any token used by a public servant
with the intent to commit fraud.
Punishment: Imprisonment for up to three years, or a ne, or both.

These provisions aim to ensure that public servants adhere to the law and
maintain the integrity of their positions. They also protect the public from abuses of power
and misconduct by public of cials.

[Link] the offences related to contempt of lawful authorities of public servants

under BNS, 2023.

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, offences related to contempt of lawful
authority of public servants include actions like intentionally preventing the service of
summons, absconding to avoid legal proceedings, refusing to produce relevant documents

Warning: Xerox/Photocopying of this book isaCRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 71 LAW OF CRIMES
when legally required, providing false information to a public servant, obstructing a public
servant in their duties, threatening a public servant, and refusing to sign statements or take an
oath when legally mandated to do so; essentially, any act that deliberately hinders a public
servant from carrying out their of cial [Link] are addressed in Chapter XIII, Sections
206 to 223.

Following are the offences related to contempt of lawful authorities:

Absconding to Avoid Service of Summons (Section 206): Absconding to avoid being

served with a summons, notice, or order from a public servant legally competent to issue
such summons, notice, or order.
Preventing Service of Summons (Section 207): Intentionally preventing the service of
anysummons, notice, or order from a public servant, or preventing the lawful af xing or
publication of such summons, notice, or order.
Non-Attendance in bedience to an Order (Section 208): Intentionally omitting to
attend at a speci ed place and time in obedience to a summons, notice, order, or
proclamation from a public servant.
Omission to Produce Document or Electronic Record (Section 209):Intentionally
omitting to produce a document or electronic record in obedience to a summons, notice,
order, or proclamation froma public servant..
Refusing to Take Oath or Answer Questions (Section 210): Refusing to take an oath or
af rmation when required by a public servant, or refusing to answer questions lawfully
put to them.

• Refusing to Sign Statement (Section 211): Refusing to sign a statement made to a public
servant when required by law to do so.
• False Information (Section 212): Giving false information to a public servant with the
intent to cause them to use their lawful power to the injury or annoyance of any person.
• False Statement on Oath (Section 213): Making a false statement on oath or af rmation
to a public servant..

Resisting Arrest (Section 214): Resisting or obstructing the lawful arrest of oneself or
another person.
For all the above offences punishment will be upto 6 months and ten thousand rupees
ne.

Prosecutionfor Contempt of Lawful Authority (Section 215): Prosecution for contempt of

lawfulauthority of public servants, for offenses against public justice, and for offenses relating
todocuments given in evidence. For this offence punishment varies based on the speci c
o ense and circumstances.

These provisions aim to uphold the authority ofpublic servants and ensure the
Smoothexecution of their lawful duties by penalizing acts that obstruct or undermine their
authority.

[Link] false evidence and offences against public justice under BNS, 2023?

Warning:Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 72 LAW OF CRIMES
Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, false evidence and offenses against
public justice are addressed in Chapter XIV, Scctions 227 to 261. , Under BNS "False
evidence" refers to a statement that is falsc, while being legally obligated to tell the truth
under oath or by law. Creating false evidence with the intention of presenting it in court is
also considered an offence under BNS.
Examples of false evidence:
Witness intentionally lying about secing someone at a crime scene
Presenting a forged document as genuine evidence in court
Making a false statement to the police during an investigation
Falscly identifying a signature

Following are the offences against public justice:

• Giving False Evidence (Section 227) :Making a false statement under oath or legally
bound to state the truth, knowing it to be false or not believing it to be true.

• Fabricating False Evidence (Section 228): Creating false evidence with the intent to use it
in a judicial proceeding.

Punishment for False Evidence (Section 229): Intentionally giving or fabricating false
evidence in a judicial proceeding. Punishment: Imprisonment for up to seven years and a
ne. For other cases, imprisonment for up to three years and a ne.

• False Evidence to Procure Conviction (Sections 230-231): Giving or fabricating false

evidence with the intent to procure the conviction of a capital offense or an offense
punishable with life imprisonment. Punishment: Imprisonment for up to ten years or life
imprisonment.
• Threatening to Give False Evidence (Section 232): Threatening any person to give false
evidence. Punishment: Imprisonment for up to seven years and a ne.

• Using False Evidence (Section 233) Using evidence known to be false in a judicial
[Link]: Imprisonment for up to seven years and a ne.

• Issuing or Signing False Certi cate (Section 234): Issuing or signing a false certi cate.
Punishment: Imprisonment for up to three years and a ne.

• Using False Certi cate (Section 235): Using a certi cate known to be [Link]:
Imprisonment for up to three years and a ne.

• False Statement in Declaration (Section 236): Making a false statement in a declaration

receivable as [Link]: Imprisonment for up to three years and a ne.

Causing Disappearance of Evidence (Section 238): Causing thedisappearance of

evidence of an offense or giving false information to screen an offender. Punishment:
Imprisonment for up to seven years and a ne.

• Intentional Omission to Give Information (Section 239):Intentionally omitting to give

information of an offense by a person bound to inform. Punishment: Imprisonment for up
to two years and a ne.

Destruction of Document or Electronic Record (Section 241): Destroying a document or

electronic record to prevent its production as evidence. Punishment: Imprisonment for up
to two years and a ne.

Warning: Xerox/Photocopying of this hbook is a CRIMINAL act. JBSERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 73 LAW OF CRIMES
False Personation (Section 242):Falsely personating another for the purpose of an act or
proceeding in a suit or prosecution. Punishment: Imprisonment for up to thrce years and a
ne.
. Fraudulent Removal or Concealment of Property (Section 243) Fraudulently removing
or concealing property to prevent its seizure as forfcited or in execution. Punishment:
Imprisonment for up to two years and a ne.
These provisions aim to uphold the integrity of the judicial process and ensure
that justice is administered fairly and without obstruction.

[Link] legal provisions for offences affecting public health, safety, convenience,
decency,and morals under BNS, 2023.

[Link] the Bharatiya Nyaya Sanhita (BNS) of 2023, offences affecting public health,
safety,convenience, decency, and morals are primarily covered under Chapter XV, Sections
270 to 285.

Following are the offences affecting public health and safety

Section 270- Public nuisance:A person is guilty of a public nuisance who does any act
or is guilty of an illegal omission which causes any common injury, danger or annoyance
to the public or to the people in general.

Section271 - Negligent act likely to spread infection ofdiseasedangerous to life:

Whoever unlawfully or negligently does any act which is, likely to spread the infection
of anydisease dangerous to life, shall be punished with imprisonment of either
description for a term which may extend to six months, or with ne, or with both.
Section 272- Malignant act likely to spread infection ofdiseasedangerous to life.
Whoever malignantly does any act which is, and which he knows likely to spread the
infection of anydiseasedangerous to life, shall be punished with imprisonment of cither
description for a term which may extend to two years, or with ne, or with both.
Section 273- Disobedience to quarantine rule: Whoever knowingly disobeys any rule
made by the Government for putting any mode of transport into a state of quarantine, or
for regulating the intercourse of any such transport in a state of quarantine or for
regulating the intercourse between places where an infectious disease prevails and other
places, shall be punished with imprisonment of either description for a term which may
extend to six months, or with ne, or with both.
Section274– Adulteration of food or drink intended for sale: Whoeveradulterates
any article of food or drink, so as to make such article noxious , intending to sell as food
or drink, , shall be punished with imprisonment of either description for a term which
mayextend to six months, or with ne which may extend to ve thousand rupees, or with
both.

• Section 275- Sale of noxious food or drink: Whoever sells, or offers or exposes for sale,
as food or drink, any article which has been rendered or has become noxious, or is in a
state un t for food or drink, shall be punished with imprisonment ofeither description for

Warning:Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 74 LAW OF CRIMES
a term which may extend to six months, or with ne which may extend to ve thousand
rupees, or with both.
Section 276 – Adulteration of drugs: Whoever adulterates any drug or medical
preparation in such a manner as to lessen the c icacy or change the operation of such
drug to make it noxious, intending that it shall be sold shall be punished with
imprisonment of citlher description for a term which may extend to one year, or with ne
which may extend to ve thousand rupces, or with both.
Section 278 - Sale of drug as a different drug or preparation: Whoever knowingly
sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes,
any drug or medical preparation, as a different drug or medical preparation, shall be
punished with imprisonment of either description for a term which may extend to six
months, or with ne which may extend to ve thousand rupees, or with both.
Section 279 - Fouling water of public spring or reservoir: Whoevervoluntarily fouls
the water of any public spring or reservoir, shall be punished with imprisonment ofeither
description for a term which may extend to six months, or with ne which may extend to
ve thousand rupees, or with both.
• Section 280– Making atmosphere noxious to health : Whoever voluntarily vitiates the
atmosphere in any place so as to make it noxious to the health of persons in general shall
be punished with ne which may extend to one thousand rupees.
Section 281 - Rash driving or riding on a public way: Whoever drives any vehicle, or
rides, on any public way in a manner so rash or negligent as to endanger human life, or to
be likely to cause hurt or injury to any other person, shall be punished with imprisonment
of either description for a term which may extend to six months, or with ne which may
extend to one thousand rupees, or with both.
Section 282 - Rash navigation of vessel: Whoever navigates any vessel in a manner so
rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any
other person, shall be punished with imprisonment of either description for a term which
may extend to six months, or with ne which may extend to ten thousand rupees, or with
both.
Section 283 – Exhibition of false light, mark or buoy: Whoever exhibits any false light,
mark or buoy, intending or knowing it to be likely that such exhibition will mislead any
navigator, shall be punished with imprisonment of either description for a term which
may extend to seven years, and with ne which shall not be less than ten thousand rupces.
Section 283 – Exhibition of false light, mark or buoy: Whoever exhibits any false light,
mark or buoy, intending to mislead any navigator, shall be punished with imprisonment
of either description for a term which may extend to seven years, and with ne which
shall not be less than ten thousand [Link]

[Link] constitutes offences relating to religion under BNS, 2023?

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, offences relating to religion primarily
include acts that deliberately and maliciously insult or attempt to outrage the religious

Warning: Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fl
 JB SERIES 75 LAW OF CRIMES
feolings ofany class of citizens by damaging places of worship, de ling sacred objects, or
ncingoffensive words, signs, or representations, with the intcntion to insult their religion or
elicious belicfs; essentially, any act that aims to deliberately hurt someone's religious
sentiments through actions or speech.

Following are the ofences relating to religion :

Injuring or De ling Place of Worship with Intent to Insult Religion (Section

298) : Destroying, damaging, or de ling any place of worship or any sacred
object with the intention of insulting the religion of any class of persons.
Punishment: Imprisonment for up to two years, or a ne, or both.
Deliberate and Malicious Acts Intended to Outrage Religious Feelings
(Section 299): Deliberately and maliciously intending to outrage the religious
feelings of any class of citizens by words (spoken or written), signs, visible
representations, or electronic [Link]: Imprisonment for up to three
years, or a ne, or both.
Disturbing Religious Assembly (Section 300): Voluntarily causing disturbance
to any assembly lawfully engaged in the performance of religious worship or
ceremonies. Punishment: Imprisonment for up to one year, or a ne, or both.
Trespassing on Burial Places, etc. (Section 301): Committing trespass in any
place of worship, sepulcher, or any place set apart for the performance of funeral
rites or as a depository for the remains of the dead, with the intention of wounding
the feelings of any person or insulting their religion. Punishment: Imprisonment
for up to one year, or a ne, or both.
Uttering Words with Intent to Wound Religious Feelings (Section 302):
Uttering any word, making any sound, or making any gesture with the deliberate
intention of wounding the religious feelings of any person. Punishment:
Imprisonment for up to one year, or a ne, or both.
These punishments aim to protect religious sentiments and ensure that
individualscan practice their religion without fear of insult or harm.

29. Explain the penalties for receiving stolen property under BNS, 2023.
Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, Section 3 17 deals with the possession,
receipt,and handling of stolen property.

Stolen property: Under the Bharatiya Nyaya Sanhita (BNS) 2023, stolen property refers to
anyproperty that has been transferred by theft, extortion, robbery, or cheating. It also
ncludes property that has been criminally misappropriated or involved in a criminal breach
oftrust..

Following are the penalties for receiving stolen property:

*
Receiving or Retaining Stolen Property: Whoever dishonestly receives or
retains any stolen property, knowing or having reason to believe it to be stolen,
Shall be punished with imprisonment for up to three years, or with a ne, or both..

werning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 76 LAW OF CRIMES
Receiving Property from Dacoity: Whoever dishonestly receives or retains any
stolen property, knowing or having reason to believe it to have been transferred by
the commission of dacoity, or receives from a person known to belong to a gang
of dacoits, shall be punished with imprisonment for life, or with rigorous
imprisonment for up to ten years, and shall also be liable to a ne2.

Habitual Dealing in Stolen Property: Whoever habitually receives or deals in

property known to be stolen shall be punished with imprisonment for life, or with
imprisonment for up to ten years, and shall also be liable to a ne2.

Assisting in Concealing or Disposing of Stolen Property: Whoevervoluntarily

assists in concealing or disposing of stolen property, knowing or having reason to
believe it to be stolen, shall be punished with imprisonment for up to three years,
or with a ne, or both.

[Link] does BNS, 2023 address forgery and counterfeiting of documents?

Ans. Under the Bharatiya Nyaya Sanhita (BNS) 2023, forgery and counterfeiting of
documents are addressed in Chapter XVIII, Sections 335 to 353. These sections cover various
acts that involve creating or using false documents with the intent to deceive or defraud
others.

> Forgery:

• Making a False Document (Section 335): Creating a false document with the intent to
cause harm or commit fraud. This includes altering genuine documents or creating
entirely ctitious ones to deceive [Link]: Imprisonment for up to seven years
and a ne.

Forgery (Section 336): Making, altering, or signing a document with the intent to
deceive, causing it to be believed that the document is genuine. Punishment:
Imprisonment for up to seven years and a ne.

• Forgery of Speci c Documents (Sections 337 and 338): Forgery of records ofcourts,
public registers, valuable securities, wills, and other signi cant documents. Punishment:
Imprisonment for up to ten years and a ne.

• Possession of Forged Documents (Section 339): Possessing forged documents with the
knowledge of their falsity and intent to use them as genuine. Punishment: Imprisonment
for up to seven years and a ne.

Using Forged Documents as Genuine (Section 340): Using forged documents as if they
were authentic, with the knowledge of their [Link]: Imprisonment for up to
seven years and a ne.

> Counterfeiting :

• Counterfeiting Seals and Property Marks (Sections 341 to 343):Making orpossessing

counterfeit seals, plates, or other instruments used for authenticating documents, with the
intent to commit forgery. Punishment: Imprisonment for up to seven years and a ne.

Warning: Xerox/Photocopying of this book isa CRIMINALact, JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 77 LAW OF CRIMES
Counterfeiting Currency and Bank Notes (Sections 344 to 347): Counterfeiting
currency or bank notes, or possessing counterfeit currency or bank notes with the
knowledge of their falsity and intent to use them as genuine. Punishment: Imprisonment
for up to ten years and a ne.

Possessionof Instruments or Materials for Forging (Section 348):Possessingany

instrument or material used for forgery, with the intent to use or permit its use for
forgery. Punishment: Imprisonment for up to seven years and a ne.

Making or Possessing Counterfeit Stamps (Section 349): Making orpossessing

counterfeit stamps, or using counterfeit stamps as genuine. Punishment: Imprisonment
for up to sevenyears anda ne.

offensesRelated to Property Marks:

Tampering with Property Marks (Sections 350 to 353):Offenses related to tampering with,
counterfeiting, or making false property marks. Punishment: Imprisonment for up to three
years and a ne.

[Link] offences related to documents and property marks under BNS, 2023.
Ans. Chapter XVIII of the Bharatiya Nyaya Sanhita (BNS) 2023 addresses offenses related to
documentsand property marks. Here are the key points:

Followingare the Offences Related to Documents and Property Marks under BNS, 2023

Making a False Document (Section 335): Creating a false document with the intent to cause
harmor commit fraud. This includes altering genuine documents or creating entirely
ctitious ones to deceive [Link]: Imprisonment for up to seven years and a
ne4.

• Forgery (Section 336):Making, altering, or signing a document with the intent to deceive,
causingit to be believed that the document is genuine. Punish ment: Imprisonment for up to
seven years and a ne.

Forgeryof Speci c Documents (Sections 337 and 338): Forgery of records of courts,
publicregisters, valuable securities, wills, and other signi cant documents. Punishment:
Imprisonment for up to ten years and a ne4.
Possessionof Forged Documents (Section 339): Possessing forged documents with the
knowledgeof their falsity and intent to use them as genuine. Punishment: Imprisonment for
up to seven years and a ne4.
• UsingForged Documents as Genuine (Section 340): Using forged documents as if they
wereauthentic, with the knowledge of their falsity. Punishment: Imprisonment for up to
seven years and a ne4.

CounterfeitingSeals and Property Marks (Sections 341 to 343): Making or possessing

counterfeitseals, plates, or other instruments used for authenticating documents, with the
ntent to commit [Link]: Imprisonment for up to seven years and a ne4.

Property Marks (Sections 344 to 350): Offenses related to tampering with, counterfeiting,
Ofmaking false property marks. Punishment: Imprisonment for up to three years and a ne4.

Warning:Xerox/Photocopying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 78 LAW OF CRIMES
These provisions ainm to maintain the integrity of legal and commercial
transactions by penalizing acts that conpromise the authenticity and trustworthiness of
documents and property marks.
***********k ***********

ANSWERS FOR PART -CFROM 2025 PA

1.
During a scuf e between A & B, A gave a blow on the face of B and consequently two
teeth of B were broken. In this circumstance what is the nature of offence has been
committed by A?
Facts of the case:
A and B had a scuf e.
During a scuf e between A & B, A gave a blow on the face of B.
Consequently two tecth ofB werebroken.
Issues in the case:
In this circumstance what is the nature of offence has been committed by A?
Principle: Voluntarily Causing Hurt" Section 115 of BNSdeals with it. This Section
115 of BNS states that anyone who intentionally or knowingly causes hurt to anotherperson
is said to have "voluntarily caused hurt".

Features of Voluntarily Causing Hurt

Intentional Act: The act must be committed with the intention of causing physical pain,
harm, or injury to another person. The intention to cause hurt is a crucial element.
In iction of Physical Harm: The act must result in physical harm or injury to the victim.
This includes any form of bodily pain, damage, orimpairment.
Direct or Indirect Action: The harm can be caused by direct physical contact (such as
hitting, slapping, or punching) or through indirect means (such as causing the victim to
consume a harmful substance).
Evidence of Injury: There must be evidence that the victim sustained physical injuries as a
result of the act. This can be in the form of medical reports, witness statements, or other
forms ofevidence.

Examples of Voluntarily Causing Hurt

PhysicalAssault: A intentionally punches B, causing a bruise or injury.
Poisoning: A knowingly gives Ba harmfulsubstance,leading to physical harm.
The punishment for this offence can include imprisonment for up to one year, a
ne up to 10,000, or both.

Judgement: Based on the above principle in the given case A' broke B's teeth by blowing
on his face. A can be held liable for this hurt which is caused voluntarily.

2. An accused kidnaps a boy with a view to employing him for the purpose of begging.
What offence has he committed?
Facts of the case:
An accused kidnaps a boy with
He kidnapped the boy to employ him as a beggar ?

Warning: Xerox/Photocopying of this book isaCRIMINALact. JBSERIES

fi
fl
fl
fl
fl
 JB SERIES 79 LAW OF CRIMES
Issues in the case:
What offence has he committed ?

Principle: kidnapping. Kidnapping is covered under sections 137 and 140of theBharatiya
NyayaSanhita (BNS).
Section139: Kidnapping or Maiming a Child for Begging
Kidnapping for Begging: This section speci callyaddressesthe act of kidnapping or
obtaining custody of a child for the purpose of employing him for begging.
Punishment: Rigorous imprisonment for a term which shall not be less than ten years but
mayextend to imprisonment for life, along with a ne.
. Judgement: Based on the above principle in the given case the accused kidnapped the boy
for the purpose of employing him for begging. Kidnapping a child to use for begging is
serious criminal offence. It is a cognizable , non- bailable and non compoundable offence.

Hence the accused committed a kidnapping a child for begging which is

punishable with rigorous imprisonment for a term which shall not be less than ten years but
mayextend to imprisonment for life, along with a ne.

3. A knows that B is suffering from a disease in his head and also knows that if a st
blowsto B on his head it is likely to cause his death. Knowing it A gives a st blow to B
on his head and causes death of B. Diseuss the offence.
Facts of the case :
• Bis suffering from a disease in his head
• A knows that and also knows that if a st blows to B on his head it is likely to cause his
death.
Knowing it A gives a st blow to B on his head and causes death of B.
Issues in the case:
• What ofence did A commit ?

Principle: Culpable homicide: Culpable homicide amounts to murder under Section 101
ofthe Bharatiya Nyaya Sanhita (BNS) if the act was intentional or dangerous enough to
cause death,

Culpable homicide is murder in the following cases :

• The act was intended to cause death
• The act was intended to cause serious injury that was likely to cause death
• The act was dangerous enough to cause death, and there was no excuse for
the risk.
Examples :
• Pushing someone off a cliff with the intent to ill them
• Hiding behind a bush and jumping out suddenly, knowing the victim has a
heart condition
Hitting someone with a heavy vase during an argument, intending to cause
serious injury
Culpable homicide is not murder in the following cases :
• The act was done in self-defence
The act was done in the course of lawful public duty
• The act was done in a sudden ght
• The act was done with the consent of the victim
Warn
ening: Xerox/Photocopying of this book is a CRIMINAL act. J8 SERIES
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 80 LAW OF CRIMES
The act was done in a t of anger and without premeditation

Judgement: Based on the above principle in the given case A has committed culpable
homicide amounting to murder by givinga blow on B's head knowingly that B is suffering
from a discase in his head and that it is likely to cause his death.

4. X with intention of murdering Z, instigates Y, a child below 7 years to do an act which

causes Z's death. Y in the absence ofX in consequence of abetment does the act and
thereby causes Z's death. Discuss.
Facts of the case:
X had an intention of murdering Z.
For that he instigates Y, a child below 7 years to do an act which causes Z's
death.
Y in the absence of X in consequence of abetment does the act.
• It causes Z's death.
Issues in the case:
Is child Y liable for murdering Z?
Principle: Abetment of murder: Section 45 of BNS deals with the term abetment. Under
the Bharatiya Nyaya Sanhita (BNS), "abetment to commit murder" means encouraging,
conspiring with, or intentionally aiding someone to commit a murder, which makes the
abettor equally liable for the crime as the person who actually commits it, even if they
weren't physically present during the act; essentially, if you instigate or help plan a murder,
you can be charged with abetment to commit murder under the BNS.
Doli Incapax Principle: Under the Bharatiya Nyaya Sanhita (BNS), children below the
age of 7 years are presumed to be doli incapax, meaning they are incapable of committing a
crime because they lack the mental capacity to understand the nature and consequences of
their actions.
Therefore, the child cannot be held criminally responsible for the act of
murder.
Consequences for the Elder Person (Abettor):
Abetment of Murder: The elder person who instigated or abetted the child to commit the
act of murder is held fully responsible for the crime
Children between the ages of 7 and 12 : Children in the 7-12 age group are also
considered to not have the mental capacity to commit a crime. However, if it can be shown
that a child had the maturity to understand the consequence of its actions, the child can be
tried for the crime as per the juvenile justice law
Judgement: Based on the above principle in the given case The abettorX can face severe
penalties, including the death penalty, imprisonment for life, and a ne for abetting Y, who
is a 7 years old to commit a murder

5. Soni who was married in the year 2020, dies due to poisoning in 2023. Neighbours
used to hear her husband and her mother-in-law abuse Soni many times for want of
more Dowry. Can the husband and mother in law be arrested for any offence?
Facts of the case :
Soni was married in the year 2020.

Warning: Xerox/Photocopying of this book is a CRIMINALact. JBSERIES

fi
fi
 JB SERIES 81 LAW OF CRIMES
• She dies due to poisoning in 2023.
. Her husband and in laws used to abuse her for want of more Dowry.
Neighbours used to hear that .

Issues in the case:

. Can the husband and mother in law be arrested for any offence?
Principle: Section 80 of the Bharatiya Nyaya Sanhita (BNS) of 2023addressesdowry
deaths. It states that if a woman dies under suspicious circumstances within seven years of
marriage, and it's shown that she was harassed or abused in conncction with dowry
demands, the death is considered a dowry death.
Judgement: Based on the above case facts and principle in the given case the husband and
mother-in-law can be arrested and charged under Section 80 of the Bharatíya Nyaya Sanhita
(BNS) of 2023 for the offence of dowry death.

6. A Police Of cer arrested a woman aged 25 years and brought her to PS. The woman
gave her consent and considering her age and consent, the Police Of cer had sexual
intercourse with her in the PS Of ce Room. If it is an offence, under which section is
the police of cer punishable?
Facts of the case :
• A Police Of cer arrested a woman aged 25 years
• The police brought her to PS.
• Police Of cer had sexual intercourse with her in the PS Of ce Room
Issues in the case:
Is it an offence ?
• Ifso under which section is the police of cer punishable?

Principle: Section 376C of the Bharatiya Nyaya Sanhita (BNS), 2023. deals with a person
in a position of authority or control, such as a police o cer, who engages in sexual
intercourse with a person under their custody or authority, taking advantage of their
position.
Judgement: Based on the above principle in the given case the police o cer would be
held liable for the offence under Section 376C of the BNS, 2023, as the act of engaging in
sexual intercourse with a person in custody or under authority, regardless of consent, is a
punishable offence.
Hence the police of cer is punishable for having intercourse with the
woman in custody is punishable under Section 376Cof the BNS, 2023.

1. Z, a self-styled expert in family planning, gave Y some chemical. After the

consumption of the chemical, the child in the womb of Y died. What offence has Z
committed?
Facts of the case
• Z is a self-styled expert in family planning.
• He gaye Y some chemical.
• Y consumed the chemical.
As aresulr the child in the womb ofY died.

RIE Warning: Xerox/Photo copying of this book is a CRIMINALact. JB SERIES

fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 82 LAW OF CRIMES
Issues in the case:
What offence has Z committed?
Principle: Culpable homicide. Section 92 ofthe Bharatiya Nyaya Sanhita (BNS), 2023.
Culpable homicide refers to an act of causing the death of a person or unborn child with
the intention of causing death, or with the knovwledge that the act is likely to cause death,
but without the spcci c intent.
Punishment : Imprisonment of either description for a term which may extend to ten years,
and shall also be liable to ne.

Judgement: Bascd on the above principle in the given case Z who is a self-styled expert in
family planning committed the offence of culpable homicide by an act of causing thedeath
ofa unborn child with the intention of causingdeath.
Hence he will be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to ne.

8. The accused strucka woman, carrying an infant in her arms violently over her head
and shoulders. One of the blows fell on the child's head causing death. What offence
did the accused commit?
Facts of the case :
A woman is carrying an infant in her arms.
The accused struck her violently over her head and shoulders
One of the blows fell on the child's head.
As a result the child died.

Issues in the case:

What offence did the accused commit?

• Is he liable for culpable homicide not amounting to murder ?

Principle: Culpable Homicide : Under the Bharatiya Nyaya Sanhita (BNS), 2023,
Section 105 deals with culpable homicide not amounting to murder.

De nition: Culpable homicide not amounting to murder refers to causing death by doing an
act with the intention of causing death or causing such bodily injury as is likely to cause
death, but without the speci c intent or circumstances that would look it as murder.

Types of Culpable Homicide Not Amounting to Murder:

Intentional Act: When the act is done with the intention of causing death or causing such
bodily injury as is likely to cause death.
Example: A person deliberately in icts injuries on another with the intent to cause death,
but the injuries are not severe enough to constitute murder.
Punishment: Imprisonment for life or for a term not less than ve years but may extend to
ten years, along with a ne.

• Knowledge without Intention: When the act is done with the knowledge that it is likely to
cause death but without any intention to cause death or such bodily injury.
Example: A person recklessly drives a vehicle at high speed, knowing that it could cause a
fatal accident, and hits a pedestrian, resulting in death.

Warning: Xerox/Photocopying of this book is a CRIMINAL act. JB SERIES

fi
fi
fi
fi
fl
fi
fi
fi
 JB SERIES 83 LAW OF CRIMES
Punishment: Imprisonnent for up to ten ycars and a ne.

Jndgement: Based on the above principle in the given case the accused struck the woman
with the knowledge that such an act was likely to cause serious injury or death. But here it
resulted in infant's death. The blow that fell on the infant's head, resulting in death, was a
directconscquence of the accuscd's violent actions. Therefore the accused committed the
offencecalled culpable homicide.
Hence the accuscd is liable for culpable homicide not amounting to murder
under Section 105 of the Bharatiya Nyaya Sanhita, 2023, and he should be sentenced to
inprisonment for a term of ten years and a ne, in accordance with the provisions of
Section 105.
B.A LL.B (5YDC) V- SemesterExamination,February2025
Paper-1:CriminalLaw -I
PART A (5 x6=30 Marks)
Note: Answer any ve questions.
[Link] of Punishment
2. Assault
3. Voyeurism
4. Custodial Rape
[Link] Crime
6. Bigamy
[Link] Con nement
8. Attempt
PART B (2 x 15 30 Marks)
Note: Answer any two questions:
9. Explain the territorial and extra-territorial application of the Bharatiya Nyaya Sanhita,
2023.

10. What is meant by organized crime and petty organized crime?

11. What are the offences against woman under the BNS?
[Link] an in-depth analysis of all the ingredients of the offence of Kidnapping from
lawful guardianship.
PART -C (2x 10 = 30 Marks)
Note: Answer any two questions :
[Link] who was married in the year 2020, dies due to poisoning in 2023. Neighbours used
tohear her husband and her mother-in-law abuse Soni many times for want of more Dowry.
Canthe husband and mother in law be arrested for any offence?
14. A Police Of cer arrested a woman aged 25 years and brought her to PS. The woman gave
herconsent and considering her age and consent, the Police Of cer had sexual intercourse
withher in the PS Of ce Room. If it is an offence, under which section is the police of cer
punishable?
15.Z,a self-styled expert in family planning, gaveY some chemical. After the consumption
of thechemical, the child in the womb ofY died. What offence has Z committed?
l0. The accused strucka woman, carrying an infant in her arms violently over her head and
[Link] of the blows fell on the child's head causing death. What offence did the
accused commit?
PREVIOUS YEARS QUESTION PAPERS

[Link].B(5 YDCY V-SemesterExamination,February2025

Paper-l:Criminal
Law -I
PART-A (5 x6= 30Marks):

Warning
JB SERIES
PhotocopyingofthisbookisaCRIMINAL
act.
fi
fi
fi
fi
fi
fi
fi
fi
 JB SERIES 84 LAW OF CRIMES
[Link] Organised Crime
2 Causing miscarriage
3. Wrongful restraint
4 Criminal Force
S. Abetment
6. Criminal Conspiracy
7. Mistake of Fact
8. Preparation
PART B (2 x 15 = 30 Marks)
Note: Answer any Two questions:
9. Explain in detail the provisions related to deceitful promise to marry.
10. What are the major changes brought in Bharatiya Nyaya Sanhita in comparison to IPC.
11. Write in detail about death caused by Negligence.
12. Differentiate betvween wrongful restraint and wrongful con nement.
PART-C (2x 10= 20 Marks)
[Link] a scuf e between A & B, A gave a blow on the face ofB and consequently two
teeth of B were broken. In this circumstance what is the nature of offence has been
committed by A?
14. An accused kidnaps a boy with a view to employing him for the purpose of begging.
What offence has he committed?
15. A knows that B is suffering from a disease in his head and also knows that if a st
blows to B on his head it is likely to cause his death. Knowing it A gives a st blow to B
on his head and causes death ofB. Discuss the offence.
16. X with intention of murdering Z, instigates Y, a child below 7 years to do an act which
causes Z's death. Y in the absence of X in consequence of abetment does the act and
thereby causes Z's death. Discuss.

Warning: Xerox/Photo copying of this book isaCRIMINALact. JB SERIES

fi
fi
fi
fl