SECTIONS

101 (4) of BNS, 2023 – Murder – if the person committing the act by which the death is caused
knows that it is so imminently dangerous that it must, in all probability, cause death or such
bodily injury as is likely to cause death and commits such act without any excuse for incurring
the risk of causing death or such injury as aforesaid.

Section 103 of BNS – Punishment for Murder

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100 of BNS – Culpable homicide

Section 105 of BNS, Punishment for Culpable Homicide Not Amounting to Murder.

103 (1) of BNS – Punishment for murder, i.e., whoever commits murder shall be punished with
death or imprisonment for life and shall also be liable to a fine.

108 of BNS – Abetment of Suicide, If any person commits suicide, whoever abets the
commission of such suicide shall be punished with imprisonment of either description for a term
which may extend to ten years and shall also be liable to a fine.

107 of BNS – Abetment of suicide of child or person of unsound mind, If any person under
eighteen years of age, any person with mental illness, any delirious person or any person in a
state of intoxication commits suicide, whoever abets the commission of such suicide shall be
punished with death or imprisonment for life or imprisonment for a term not exceeding ten years
and shall also be liable to a fine.

Section 54 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 states that all facts, except the
contents of documents, may be proved by oral evidence.

Section 8 of BSA: Things said or done by the conspirator in reference to the common design.

Where there is reasonable ground to believe that two or more persons have conspired together
to commit an offence or an actionable wrong, anything said, done or written by any one of such
persons in reference to their common intention, after the time when such intention was first
entertained by any one of them, is a relevant fact as against each of the persons believed to be
so conspiring, as well for the purpose of proving the existence of the conspiracy as for the
purpose of showing that any such person was a party to it.

Section 3(5) of BNS: General Explanations and Common Intention – When a criminal act is
done by several persons in furtherance of the common intention of all, each of such persons is
liable for that act in the same manner as if it were done by him alone.
Section 3(6) of BNS: Whenever an act, which is criminal only by reason of its being done with a
criminal knowledge or intention, is done by several persons, each of such persons who joins in
the act with such knowledge or intention is liable for the act in the same manner as if the act
were done by him alone with that knowledge or intention.

Section 189 of BNS, An assembly of five or more persons is designated an “unlawful

assembly” if the common object of the persons composing that assembly is

a) to overawe by criminal force, or show of criminal force, the Central Government or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise
of the lawful power of such public servant; or

Section 190 of BNS If an offence is committed by any member of an unlawful assembly in

prosecution of the common object of that assembly, or such as the members of that assembly
knew to be likely to be committed in prosecution of that object, every person who, at the time of
the committing of that offence, is a member of the same assembly is guilty of that offence.

Section 106(1) of BNS, Causing death by negligence, Whoever causes the death of any
person by doing any rash or negligent act not amounting to culpable homicide shall be punished
with imprisonment of either description for a term which may extend to five years and shall also
be liable to a fine; and if such act is done by a registered medical practitioner while performing a
medical procedure, he shall be punished with imprisonment of either description for a term
which may extend to two years and shall also be liable to a fine.

Section 70(1) of BNS: Where a woman is raped by one or more persons constituting a group or
acting in furtherance of a common intention, each of those persons shall be deemed to have
committed the offence of rape and shall be punished with rigorous imprisonment for a term
which shall not be less than twenty years, but which may extend to life, which shall mean
imprisonment for the remainder of that person’s natural life, and with fine;

70(2) Where a woman under eighteen years of age is raped by one or more persons
constituting a group or acting in furtherance of a common intention, each of those persons shall
be deemed to have committed the offence of rape and shall be punished with imprisonment for
life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine,
or with death;

Section 63 of BNS, A man is said to commit “rape” if he: ​

1.​ penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman
or makes her to do so with him or any other person; or
2.​ inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, the urethra or anus of a woman or makes her to do so with him or any other
person; or
 3.​ manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him or any
other person; or
4.​ applies his mouth to the vagina, anus, or urethra of a woman or makes her to do so with
him or any other person, under the circumstances falling under any of the following
seven descriptions: ​ ​
1.​ against her will.
2.​ without her consent.
3.​ with her consent, when her consent has been obtained by putting her or any
person in whom she is interested in fear of death or of hurt.
4.​ with her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
5.​ with her consent when, at the time of giving such consent, by reason of mental
illness or intoxication or the administration by him personally or through another
of any stupefying or unwholesome substance, she is unable to understand the
nature and consequences of that to which she gives consent.
6.​ with or without her consent, when she is under eighteen years of age.
7.​ when she is unable to communicate consent.

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Section 218(1)(b) of BNS: 1) When any person who is or was a Judge or Magistrate or a public
servant not removable from his office save by or with the sanction of the Government is accused
of any offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no Court shall take cognizance of such offence except with the
previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 –

b) in the case of a person who is employed or, as the case may be, was at the time of
commission of the alleged offense employed in connection with the affairs of a state or of the
state government:

Section 48 of BSA, 2023: Evidence of character or previous sexual experience not relevant
in certain cases.

If someone is being prosecuted for a crime under sections 64 to 71 or sections 74 to 78 of the

Bharatiya Nyaya Sanhita, 2023, or for trying to commit any of these crimes, and the question of
consent comes up:

The character of the victim or their past sexual experiences with anyone else cannot be used as
evidence to decide whether they gave consent or the quality of that consent.

180. Examination of witnesses by police.

(1)
Any police officer making an investigation under this Chapter, or any police officer not below
such rank as the State Government may, by general or special order, prescribe in this behalf,
acting on the requisition of such officer, may examine orally any person supposed to be
acquainted with the facts and circumstances of the case.
(2)
Such person shall be bound to answer truly all questions relating to such case put to him by
such officer, other than questions the answers to which would have a tendency to expose him to
a criminal charge or to a penalty or forfeiture.
(3)
The police officer may reduce into writing any statement made to him in the course of an
examination under this section; and if he does so, he shall make a separate and true record of
the statement of each such person whose statement he records:

Section 159 of BSA: Section 159: Questions tending to corroborate evidence of relevant fact,
admissible.

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may
be questioned as to any other circumstances that he observed at or near to the time or place at
which such relevant fact occurred, if the court is of the opinion that such circumstances, if
proved, would corroborate the testimony of the witness as to the relevant fact to which he
testifies.

Section 16 of BSA : Section 16: Admission by party to proceeding or his agent.

(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the
court regards, under the circumstances of the case, as expressly or impliedly authorised by him
to make them, are admissions.
(2) Statements made by -
●​ (i) parties to suits suing or sued in a representative character, are not admissions, unless
they were made while the party making them held that character; or
●​ (ii) persons who have any proprietary or pecuniary interest in the subject matter of the
proceeding, and who make the statement in their character of persons so interested; or
●​ (iii) Persons from whom the parties to the suit have derived their interest in the subject
matter of the suit are admissions if they are made during the continuance of the interest
of the persons making the statements.

Section 24 of the BSA: Confession caused by inducement, threat or promise when irrelevant in
criminal proceedings.

A confession made by an accused person is irrelevant in a criminal proceeding if the making of

the confession appears to the court to have been caused by any inducement, threat or promise
having reference to the charge against the accused person, proceeding from a person in
authority and sufficient, in the opinion of the court, to give the accused person grounds which
would appear to him reasonable for supposing that by making it he would gain any advantage or
avoid any evil of a temporal nature in reference to the proceedings against him.