Bharatiya Nyaya Sanhita
Semester 1 · 29 topics in 5 units
Unit I 6 topics
- Crime: meaning, elements and stagesWhat makes conduct a crime, how crime differs from a moral wrong and a tort, actus reus and mens rea, strict liability, the four stages of crime and the parties to it.6 min
- From the IPC to the BNS: background, extent and key reformsHow Macaulay's Penal Code came to be replaced by the Bharatiya Nyaya Sanhita, 2023, its territorial and extra-territorial reach under section 1, the definitions, and the reforms an examiner expects you to list and assess.6 min
- Punishments under the BNS, including community serviceThe six kinds of punishment in section 4, commutation, fractions of life imprisonment, fine and imprisonment in default, solitary confinement and enhanced punishment for repeat offenders, sections 4 to 13.6 min
- General exceptions: mistake, accident, necessity and incapacityMistake of fact, judicial acts, accident, necessity, infancy, unsoundness of mind and intoxication under sections 14 to 24 of the Bharatiya Nyaya Sanhita, with the M'Naghten rules and the leading Supreme Court cases.8 min
- General exceptions: consent, good faith, compulsion and triflesThe consent and good-faith exceptions in sections 25 to 31, what is not valid consent, compulsion by threats under section 32 and slight harm under section 33, with the surgeon problem worked through.7 min
- The right of private defencePrivate defence of body and property under sections 34 to 44 of the Bharatiya Nyaya Sanhita: who may defend what, when the right extends to causing death, its limits, when it begins and ends, and the principles in Darshan Singh.7 min
Unit II 6 topics
- AbetmentAbetment by instigation, conspiracy and intentional aid under sections 45 to 60 of the Bharatiya Nyaya Sanhita: who is an abettor, abetment across borders, and how the abettor is punished when the offence is or is not committed.6 min
- Criminal conspiracy and attemptCriminal conspiracy under section 61 and attempt under section 62 of the Bharatiya Nyaya Sanhita, how conspiracy is proved, and where preparation ends and attempt begins, with Kehar Singh, Abhayanand Mishra and Mohd. Yakub.6 min
- Rape and sexual offencesThe definition of rape and of consent in section 63 of the Bharatiya Nyaya Sanhita, aggravated rape, rape of girls under sixteen and twelve, gang rape, the new offence of intercourse by deceitful means in section 69, protection of the victim's identity, and the marital rape exception.8 min
- Criminal force and assault against womenOutraging modesty, sexual harassment, assault with intent to disrobe, voyeurism, stalking and insulting the modesty of a woman under sections 74 to 79 of the Bharatiya Nyaya Sanhita.6 min
- Offences relating to marriage: dowry death, bigamy and crueltyDowry death and its presumption, deceitful cohabitation, bigamy, fraudulent marriage ceremonies, enticing a married woman, cruelty by husband or relatives, and kidnapping a woman to compel marriage, sections 80 to 87 of the Bharatiya Nyaya Sanhita.6 min
- Offences against childrenActs preventing a child from being born alive, causing the death of a quick unborn child, exposure and abandonment, concealment of birth, hiring a child to commit an offence, procuration, and kidnapping a child to steal from it, sections 91 to 99 of the Bharatiya Nyaya Sanhita.6 min
Unit III 6 topics
- Culpable homicide and murderSections 100 to 105 BNS: how murder is carved out of culpable homicide, Melvill J's comparison in Govinda, the five exceptions with Nanavati on provocation, the Virsa Singh test, transfer of malice and punishment.7 min
- Mob lynching, death by negligence and hit and runGroup murder on grounds of race, caste or community under s.103(2) BNS and the Tehseen Poonawalla guidelines, death by rash or negligent act under s.106(1), the hit-and-run clause in s.106(2) and why it is not yet in force, with a cross-reference to dowry death.6 min
- Abetment of suicide, organised crime and terrorist actAbetment of suicide under ss.107 and 108 BNS, what became of attempt to suicide (s.226 and s.115 of the Mental Healthcare Act 2017), and the new offences of organised crime, petty organised crime and terrorist act in ss.111 to 113.6 min
- Hurt and grievous hurtSections 114 to 125 BNS: hurt, the eight kinds of grievous hurt in s.116, voluntarily causing each, the aggravated forms including permanent vegetative state and acid attack, and the offence of endangering life or personal safety.6 min
- Wrongful restraint, wrongful confinement, criminal force and assaultSections 126 to 136 BNS: wrongful restraint and how it differs from wrongful confinement, the aggravated forms of confinement, force, criminal force and assault, and how they connect to the offences against women in ss.74 to 79.6 min
- Kidnapping, abduction, slavery and forced labourSections 137 to 146 BNS: kidnapping from India and from lawful guardianship, the meaning of taking and enticing after Varadarajan, abduction, kidnapping for begging and for ransom, trafficking, slavery and unlawful compulsory labour.7 min
Unit IV 6 topics
- Offences against the StateChapter VII, sections 147 to 158 BNS: waging war and conspiracy to wage it, the new s.152 on acts endangering sovereignty, unity and integrity that took the place of sedition, assault on the President or a Governor, and escape of State prisoners.6 min
- Offences relating to elections, coin and currencyChapter IX on elections (ss.169 to 177: bribery, undue influence, personation, false statements and illegal payments) and Chapter X on coin, currency-notes, bank-notes and Government stamps (ss.178 to 188), with the old IPC sections alongside.7 min
- Offences against public tranquillityChapter XI, sections 189 to 197 BNS: unlawful assembly and its five common objects, constructive liability under s.190, rioting, affray, promoting enmity between groups under s.196 and imputations prejudicial to national integration under s.197.8 min
- False evidence and offences against public justiceChapter XIV BNS: giving false evidence (s.227), fabricating false evidence (s.228), their punishment, causing disappearance of evidence (s.238), destruction of documents, false charges and harbouring an offender (s.249), with the procedural bar in s.215 BNSS.7 min
- Public nuisance, mischief and criminal trespassPublic nuisance under s.270 and its punishment in s.292, mischief and its aggravated forms in ss.324 to 328, and criminal trespass, house-trespass, lurking house-trespass and house-breaking in ss.329 to 334 BNS.8 min
- Forgery and property marksChapter XVIII BNS: making a false document or electronic record (s.335), forgery and its purposes (s.336), forgery of public records, valuable securities and wills, using forged documents, falsification of accounts, and the property-mark offences in ss.345 to 350.7 min
Unit V 5 topics
- Theft and snatchingSections 303 to 307 BNS: the five essentials of theft, movable property, possession, consent and dishonest intention with Pyare Lal Bhargava and K.N. Mehra, the new offence of snatching, and theft in a dwelling, by a servant and after preparation for hurt.7 min
- Extortion, robbery and dacoityExtortion under s.308, the two routes by which theft or extortion becomes robbery under s.309, dacoity and dacoity with murder under s.310, the minimum sentences in ss.311 and 312, and the distinctions between theft, extortion, robbery and dacoity.8 min
- Criminal misappropriation and criminal breach of trustDishonest misappropriation under ss.314 and 315 and criminal breach of trust under s.316 BNS: entrustment and dominion, the aggravated forms for carriers, servants, public servants and bankers, and how both differ from theft and from each other.7 min
- Receiving stolen property and cheatingStolen property and its dishonest receipt under s.317 BNS, cheating and its two limbs under s.318, the aggravated form for inducing delivery of property, cheating by personation under s.319, and the line between cheating and breach of contract drawn in Hridaya Ranjan Prasad Verma.7 min
- Defamation, criminal intimidation and insultChapter XIX BNS: criminal intimidation (s.351), intentional insult to provoke breach of the peace (s.352), statements conducing to public mischief (s.353), and defamation under s.356 with its four Explanations, ten Exceptions and the Subramanian Swamy ruling, ending with the editor's liability problem.8 min