NEW CRIMINAL MAJOR ACTS
WITH
COMPARATIVE STUDY OF NEW CRIMINAL LAWS & OLD CRIMINAL LAWS
All 3 New Criminal Laws enforced with effect from 1-7-2024
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CONTENTS
DIVISION ONE
BHARATIYA NYAYA SANHITA, 2023
u Table showing sections of Indian Penal Code, 1860 and corresponding sections of Bharatiya Nyaya Sanhita, 2023 1.3
u Table showing sections of Bharatiya Nyaya Sanhita, 2023 and corresponding sections of Indian Penal Code, 1860 1.49
u Table showing new sections of Bharatiya Nyaya Sanhita, 2023 1.95
u Table showing sections of Indian Penal Code, 1860 repealed by Bharatiya Nyaya Sanhita, 2023
u Section Key to Bharatiya Nyaya Sanhita, 2023
u Alphabetical Key to Comparative Study of Bharatiya Nyaya Sanhita, 2023 (BNS) & Indian Penal Code, 1860 (IPC)
u Comparative Study of Bharatiya Nyaya Sanhita, 2023 (BNS) & Indian Penal
u Guide to Punishment for Offences under Bharatiya Nyaya Sanhita, 2023
u
Statement of Objects and Reasons
u Notes on Clauses
u 246th Report on Bharatiya Nyaya Sanhita, 2023 - Parliamentary Standing Committee on Home Affairs - Observations/ Recommendations - At a Glance
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023
u Appendix : Provisions of other Acts Referred to in Bharatiya Nyaya Sanhita, 2023
DIVISION TWO
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
u Table showing sections of Code of Criminal Procedure, 1973 and corresponding sections of Bharatiya Nagarik Suraksha Sanhita, 2023 2.3
u Table showing sections of Bharatiya Nagarik Suraksha Sanhita, 2023 and corresponding sections of Code of Criminal Procedure, 1973
u Table showing new sections of Bharatiya Nagarik Suraksha Sanhita, 2023
u Table showing sections of Code of Criminal Procedure, 1973 repealed by Bharatiya Nagarik Suraksha Sanhita, 2023
u Section Key to Bharatiya Nagarik Suraksha Sanhita, 2023
u Alphabetical Key to Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr.PC.)
u Comparative Study of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) & Code of Criminal Procedure, 1973 (Cr.PC.)
Arrangement of sections
Text of Bharatiya Nagarik Suraksha Sanhita, 2023
Statement of Objects and Reasons
Notes on Clauses 2.581 u 247th Report on Bharatiya Nagarik Suraksha Sanhita, 2023Parliamentary Standing Committee on Home AffairsObservations/Recommendations - At a Glance 2.651
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023
u Appendix : Provisions of other Acts Referred to in Bharatiya Nagarik Suraksha Sanhita, 2023
u Annexures
l Delegation of Powers to Administrators of Union Territories
l Forensic Science Laboratories of Delhi, Officials of
l Specified Police Control Room
l Redesignation of existing Magisterial Courts of Chief Metropolitan Magistrates, Addl. Chief Metropolitan Magistrates, Metropolitan Magistrates, etc. of all the Metropolitan Areas (erstwhile)/Judicial Districts of the
l Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Procedure for investigation - Officer-in-charge of police Station is empowered to depute any subordinate officer
DIVISION THREE
BHARATIYA SAKSHYA ADHINIYAM, 2023
u Table showing sections of Indian Evidence Act, 1872 and corresponding sections of Bharatiya Sakshya Adhiniyam, 2023 3.3
u Table showing sections of Bharatiya Sakshya Adhiniyam, 2023 and corresponding sections of Indian Evidence Act, 1872 3.19
u Table showing new sections of Bharatiya Sakshya Adhiniyam, 2023 3.35
u Table showing sections of Indian Evidence Act repealed by Bharatiya
u Section Key to Bharatiya Sakshya Adhiniyam, 2023
u Comparative Study of Bharatiya Sakshya Adhiniyam, 2023 (BSA) and Indian Evidence Act, 1872
u Arrangement of sections
u Text of Bharatiya Sakshya Adhiniyam, 2023
u 248th Report on Bharatiya Sakshya Bill, 2023 - Parliamentary Standing Committee on Home Affairs - Observations/ Recommendations - At a Glance 3.223
u Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023 3.227
u Appendix : Provisions of other Acts Referred to in Bharatiya Sakshya Adhiniyam, 2023
BHARATIYA NYAYA SANHITA, 2023
CHAPTER VI
OF OFFENCESAFFECTING THE HUMAN BODY
Of offences affecting life
Culpable homicide.
100. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations
(
a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(
b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
Explanation 1. A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Explanation 2. Where death is caused by bodily injury, the person who causes suchbodilyinjuryshallbedeemedtohavecausedthedeath,althoughbyresorting to proper remedies and skilful treatment the death might have been prevented.
Explanation 3. The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
Corresponding Provision : Section 299 of IPC, 1860 Murder.
101. Except in the cases hereinafter excepted, culpable homicide is murder,––
(a) if the act by which the death is caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) 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.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.
Exception 1. Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident:
Provided that the provocation is not,––
(a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person;
(b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant;
(c) given by anything done in the lawful exercise of the right of private defence.
Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.
(
c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.
(
d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.
(
e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence.
(
f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.
Exception 3 Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Exception 4. Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first assault.
Exception 5 Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
Corresponding Provision : Section 300 of IPC, 1860
COMMENTS
Intention to inflict injury resulting in death is determinative fact - The requirement of section 300 thirdly of IPC is fulfilled if the prosecution proves that the accused inflicted an injury which would have been sufficient to have resulted in death of the victim. The determinative fact would be the intention to cause such injury and what was the degree of probability (gravest, medium, or the lowest degree) of death which determines whether the crime is culpable homicide or murder. The case law on the issue of the nature of injury being so dangerous as to result in death (Section 300 fourthly of IPC), have emphasised on the accused's disregard to the consequences of the injury, and an element of callousness to the result, which denotes or signifies the intention. [Paras 18 and 19] - Prasad Pradhan v. State of Chhattisgarh AIR 2023 Supreme Court 643.
Death from intentional bodily injury v. intention to cause death - For cases to fall within clause (3) of section 300 of the IPC, it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature. [Para 61] - Balu Sudam Khalde v. State of Maharashtra AIR 2023 Supreme Court 1736.
Benefit of exception - Culpable homicide when not murder - Exception 4 to section 300, IPC ordains that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. The explanation thereto clarifies that it is immaterial in such cases which party offers the provocation or commits the first assault. Four requirements must be satisfied to invoke this exception, viz. (i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel or unusual manner. [Para 24] - Premchand v. State of Maharashtra AIR 2023 Supreme Court 1487.
Culpable homicide by causing death of person other than person whose death was intended.
102. If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.
Corresponding Provision : Section 301 of IPC, 1860
Punishment for murder.
103. (1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Corresponding Provision : Section 302 of IPC, 1860
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
COMMENTS
Prosecution must establish “homicidal death” as a primary fact - For the purpose of proving the charge for the offence under section 302 of IPC, the prosecution must establish “homicidal death” as a primary fact. In order to convict an accused under section 302 of IPC, the court is required to first see as to whether the prosecution has proved the factum of homicidal death. [Para 8] - Chandrapal v. State of Chhattisgarh (Earlier M.P.) AIR 2022 Supreme Court 2542. There can be no conviction on basis of last seen together theory unless homicidal death is proved - In order to convict an accused under section 302 of IPC the first and foremost aspect to be proved by prosecution is the factum of homicidal death. If the evidence of prosecution falls short of proof of homicidal death of the deceased, and if the possibility of suicidal death could not be ruled out, in the opinion of this court, the appellant- accused could not have been convicted merely on the basis of the theory of “Last seen together”. [Para 18] - Chandrapal v. State of Chhattisgarh (Earlier M.P.) AIR 2022 Supreme Court 2542.
When circumstances were proved individually and in chain, accused of rape and murder of minor accused was convicted correctly - Illustration - Having regard to the proved circumstances on record, more particularly the circumstances that preceded and followed from the point the deceased-victim was seen last together with the appellant-accused, the court has no hesitation in holding that the prosecution had proved beyond reasonable doubt all the circumstances individually and also proved the circumstances forming a chain, so conclusive as to rule out the possibility of any other hypothesis except the guilt of the accused. It was duly proved that while committing the barbaric acts of rape and sexual assault on the young child-victim, the appellant-accused had inflicted bodily injuries as mentioned in the post-mortem report which had caused her death. The trial court had rightly convicted the appellant-accused for the offences punishable under sections 302, 376(2)(i), 376(2)(m), 363, 366 of IPC and section 5(i) read with section 6 and section 5(m) read with section 6 of the POCSO Act. [Para 36] - Mohd. Firoz v. State of Madhya Pradesh AIR 2022 Supreme Court 1967.
Proof beyond reasonable doubt - Illustration - Having considered the matter in detail, and having noted that the prosecution failed to recover blood-stained materials from the place of occurrence, empty cartridges, pellets, or any other weapon used for commission of the crime, coupled with the contradictions and unnatural conduct of the eye witnesses and the inconsistencies in the two dying declarations, the prosecution has not proved the case beyond a reasonable doubt, and the accused are entitled to be given the benefit of doubt. [Para 29] - Munuwa Alias Satish Etc. v. State of Uttar Pradesh AIR 2022 Supreme Court 4040.
Rarest of rare case - Illustration - The appellant did not have any criminal antecedents. The appellant who was sentenced to capital punishment, was a young boy of about 25 years at the time of the incident. The medical evidence would further reveal that the appellants had not acted in a brutal manner, inasmuch as there was only single injury inflicted on both the deceased. As such, the present case cannot be considered to be ‘rarest of rare’ case. [Para 28] - Digamber v. State of Maharashtra AIR 2023 Supreme Court 2827.
Alternative option of lesser sentence if convict is not hardened criminal and reform and rehabilitation is possible - Illustration - The State has not placed any evidence to show that there is no possibility with respect to reformation and the rehabilitation of the accused. The appellant was studious and hard working. He did really well at school and made consistent efforts to bring the family out of poverty. The conduct of the appellant in the prison has been found to be satisfactory. There are no criminal antecedents. It is the first offence committed by the appellant. The appellant is not a hardened criminal. It therefore cannot be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative
option of a lesser sentence and making imposition of death sentence imperative. [Para 52]Lochan Shrivas v. State of Chhattisgarh AIR 2022 Supreme Court 252.
Punishment for murder by life-convict.
104. Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
Corresponding Provision : Section 303 of IPC, 1860
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
Punishment for culpable homicide not amounting to murder.
105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Corresponding Provision : Section 304 of IPC, 1860
Classification of Offence : q Imprisonment for life, or Imprisonment for not less than 5 years but which may extend to 10 years and fine q Cognizable. q Non-bailable. q Court of Session. q Imprisonment for 10 years and with fine q Cognizable. q Non-bailable. q Court of Session.
COMMENTS
If an act falls under any one of 4 clauses under section 300 of IPC, to bring it out of its purview it must be proved that it falls under any one of five exceptions - The right approach in cases of culpable homicide is to first find out whether the offence falls under any of the four clauses viz., clauses firstly to fourthly under section 300 of IPC. If it is so found, then the Court has to see whether the case is covered by any one of the five exceptions to section 300 of IPC, which would make a culpable homicide ‘not amounting to murder'. The offence, if proved, to fall under one of the said exceptions would be punishable under section 304 of IPC, either under Part 1 or Part 2 as the case may be, or otherwise it would be murder punishable under section 302 of IPC. Once it is found that the act falls under any one of the 4 clauses under section 300 of IPC, to bring it out of its purview it must be proved that it falls under any one of the five exceptions to section 300 of IPC. [Para 50] - Veerendra v. State of Madhya Pradesh AIR 2022 Supreme Court 2396.
IPC section 300, Exception 4 benefit - Liability of accused to make it a case of culpable homicide not amounting to murder - The sine qua non for the application of an Exception to section 300 always is that it is a case of murder but the accused claims the benefit of the Exception to bring it out of that section and to make it a case of culpable homicide not amounting to murder.
A perusal of the provision would reveal that four conditions must be satisfied to bring the matter within Exception 4:
(i) it was a sudden fight;
(ii) there was no premeditation;
(iii) the act was done in the heat of passion; and; that
(iv) the assailant had not taken any undue advantage or acted in a cruel manner
On a plain reading of Exception 4, it appears that the help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight, (c) without the offenders having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. To bring a case within Exception 4 all the ingredients mentioned in it must be found. [Paras 57, 58 and 59] - Balu Sudam Khalde v. State of Maharashtra AIR 2023 Supreme Court 1736.
Causing death by negligence.
106. (1) Whoever causes 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 fine; and if such act is done by a registered medical practitioner while performing 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 fine.
Corresponding Provision : Section 304A of IPC, 1860
Classification of Offence : q Imprisonment for 5 years and fine q Cognizable. q Bailable. q Magistrate of the first class.
q Imprisonment for 2 years and fine q Cognizable. q Bailable. q Magistrate of the first class.
Explanation.— For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
*(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Magistrate of the first class. Abetment of suicide of child or person of unsound mind.
107. If any child, any person of unsound mind, 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 fine.
Corresponding Provision : Section 305 of IPC, 1860
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
* Notification No. S.O. 850(E), dated 23-2-2024 - In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force.
Abetment of suicide.
108. 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 fine.
Corresponding Provision : Section 306 of IPC, 1860
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
Attempt to murder.
109. (1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
Classification of Offence : q Imprisonment for 10 years and fine q Cognizable. q Nonbailable. q Court of Session.
q Imprisonment for life or as above. q Cognizable. q Non-bailable. q Court of Session.
(2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
Illustrations
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of sub-section (1).
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.
Corresponding Provision : Section 307 of IPC, 1860
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
COMMENT
If injuries were not caused with intention to cause death, conviction would be under section 326, and not section 307 - Where as a sharp-edged weapon was used. The injuries were not caused with an intention to cause death and were not sufficient to cause death, can fall within the four corners of section 326, IPC, the conviction of the appellant with respect section 307, IPC cannot be sustained. [Para 7] - Panchram v. State of Chhattisgarh AIR 2023 Supreme Court 1801.
Attempt to commit culpable homicide.
110. Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
Corresponding Provision : Section 308 of IPC, 1860
Classification of Offence : q Imprisonment for 3 years, or fine, or both. q Cognizable. q Non-bailable. q Court of Session.
q Imprisonment for 7 years, or fine, or both. q Cognizable. q Non-bailable. q Court of Session.
Organised crime.
111. (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime.
Explanation.—For the purposes of this sub-section,––
(i) “organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity;
(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence;
(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view
to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form.
(2) Whoever commits organised crime shall,—
(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment
for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
Petty organised crime.
112. (1) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Magistrate of the first class.
Terrorist act.
113. (1) Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,––
(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause,—
(i) death of, or injury to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
(iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or
(v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act.
Explanation.—For the purpose of this sub-section,—
(
a) “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary;
(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency.
(2) Whoever commits a terrorist act shall,—
(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine;
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be
punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Explanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).
Classification of Offence : q Cognizable. q Non-bailable. q Court of Session.
Hurt.
114. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
Corresponding Provision : Section 319 of IPC, 1860
COMMENT
Term “Hurt” - Meaning of - The term “hurt” simply means performing an act which leads to physical pain, injury or any disease to a person. At times, hurt may be caused voluntarily or it can be caused by using dangerous weapons or mean. A person will be liable to have caused hurt voluntarily through dangerous weapons and means under section 324, IPC. [Para 20] - Anuj Singh Alias Ramanuj Singh Alias Seth Singh v. State of Bihar AIR 2022 Supreme Court 2817. Voluntarily causing hurt.
115. (1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.
Corresponding Provision : Section 321 of IPC, 1860
(2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
Corresponding Provision : Section 323 of IPC, 1860
Classification of Offence : q Non-cognizable. q Bailable. q Any Magistrate.
Compoundable : By the person to whom the hurt is caused.
Rs. 995/-
NEW CRIMINAL MAJOR ACTS
AUTHOR
PUBLISHER
DATE OF PUBLICATION
EDITION
ISBN NO NO. OF PAGES
BINDING TYPE
: Taxmann's Editorial Board
: Taxmann Publications
: November 2025
: 2026 Edition
: 9789371263870
: 1528
: Hardbound
DESCRIPTION
New Criminal Major Acts is a consolidated, updated compendium of India's three new criminal laws—the Bharatiya Nyaya Sanhita 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) and Bharatiya Sakshya Adhiniyam 2023 (BSA)—enforced w.e.f. 1st July 2024. It is designed to facilitate a smooth transition from the IPC, CrPC, and Evidence Act to the new regime through side-by-side comparison, provision-wise mapping, editorial notes, and concordance tables. The book serves as a single-point reference on India's most significant criminal law reform in over 160 years, combining the latest statutory text (as amended) with practical comparative insights for interpretation, practice and academic use.
This book is intended for the following audience:
•Judges, Magistrates & Judicial Officers
•Criminal Law Practitioners, Advocates & Legal Consultants
•Police Officers, Investigators & Prosecution Departments
•Law Teachers, Researchers & Academicians
•Law Students & Bar Exam Aspirants
•Policy Analysts, Think Tanks & Government Institutions
The Present Publication is the 2026 Edition, authored/edited by Taxmann's Editorial Board, with the following noteworthy features, division-wise:
•[Full Text of All Three New Codes with Legislative Material] Includes Arrangement of Sections, Statements of Objects & Reasons, Notes on Clauses, concise Standing Committee digests and the Home Minister's Lok Sabha speech—providing both statutory text and legislative context
•[Section-wise Concordance Between Old and New Laws] IPC ↔ BNS, CrPC ↔ BNSS, and Evidence Act ↔ BSA tables with lists of new and repealed provisions for quick cross-reference
•[Section Keys and Alphabetical Keys] Topic-wise and alphabetical keys linking major subjects to corresponding old–new provisions
•[Comparative Study Chapters] Summaries of significant conceptual changes—newly defined offences, revised definitions, enhanced penalties, community service, and omitted/merged provisions
•[Guide to Punishment under BNS] A tabular, practice-ready summary of offences with punishment, cognizability, bailability and trial court
•[Annexures & Allied Materials (BNSS)] Key Delhi BNSS Rules on arrest, summons, FIR, non-cognisable reports, community service, prosecutors, witness protection, electronic evidence and video-conferencing—serving as a model procedural framework
•[Subject Index & Cross-Referencing Aids] Detailed indices for quick access to topics like bail, electronic evidence, organised crime, terrorism and community service