Law of Crimes – I : The Bharatiya Nyaya Sanhita, 2023

Objective of the course:

 To acquaint the students with the historical development of the Sanhita, the conceptual
analysis of crime, their punishments.
 To familiarize with the concept of criminal liability.
 To discuss the different kinds of inchoate crimes and legal implications of offences
against women and children.
 To explain the different offences affecting human body like murder, grievous hurt,
organized crime, mob lynching etc. and offences affecting reputation.
 To acquaint the students regarding various kinds of acts that affects the State, public
tranquility and false evidence.
 To explain the different offences relating to property.
Syllabus:

1. General:
1.1 Objects and reasons of Bharatiya Nyaya Sanhita, 2023, Introduction of Newly
inserted and amended provisions of BNS,
1.2 Commencement and application of the Bharatiya Nyaya Sanhita, 2023
1.3 Conception of Crime, Stages of Crime, Mens Rea,
1.4 Intra-Territorial Jurisdiction and Extra-Territorial Jurisdiction, General Explanations Sec.
3(1) to (9)
1.5 Punishments: Various Theories of Punishment and Kinds of Punishments
1.5.1 Death Sentence, Imprisonment for Life, Imprisonment: Simple and
Rigorous, Forfeiture of Property, Fine and Community Service.
1.5.2 Commutation of sentence, fractions of terms of Punishment,
1.5.3 Liability in default of payment of fine and related provisions
1.5.4 Solitary Confinement, Enhanced punishment for certain offences after previous
conviction

2. General Exceptions:
2.1 Mistake of Fact, Mistake of Law, Act of Judge, Act done pursuant to
judgment/order of court etc. Accident as a defence, act without criminal intent
2.2 Mental Incapacity, Minority, consent, involuntary in toxication and Insanity as a
defence, Act by a person compelled by threats, communication made in good faith, act
causing slight harm etc.
2.3 Right of Private Defence of person and property: Justification and limits, when private
defence extends to causing of death to protect body and property?
2.4 Abetment and its kinds, Abetment outside India for Offences in India (Sec.48) Criminal
Conspiracy,
2.5 Punishment for attempt to commit offence punishable with life imprisonment or other
imprisonment

3. Offences against Women and Child:

3.1 Rape and other sexual offences, Punishment thereof,
3.2 Gang Rape and its punishment, other related provisions
3.3 Sexual harassment, Assault/use of Criminal Force to women with intent to disrobe,
voyeurism, stalking etc. and punishment
3.4 Dowry Death, marrying again during lifetime of husband/wife, Husband/relatives of
husband of women subjecting her to cruelty, other marriage related offences and
punishments
 3.5 Offences against Child

4. Offences Relating affecting the Human Body:

4.1 Offences affecting Life:
4.1.1 Culpable Homicide, Murder, distinction between them, murder by 5 or more
persons on ground of race, caste community, sex etc., punishment
4.1.2 Causing death by rash or negligent act, causing death by rash or negligent
motor driving, liability of Medical Practitioner in case of death by rash or
negligent act,
4.1.3 Attempt to murder, Attempt to commit Culpable Homicide,
4.1.4 Abetment of Suicide, reasons for removing offence of attempt to commit suicide
in BNS
4.2 Organized crime (Sec.111), Petty organized crime (Sec. 112), Terrorist Act (Sec. 113)
4.3 Hurt and Grievous hurt, Aggravated forms, Grievous hurt by Acid etc.
4.4 Wrongful restraint, wrongful confinement
4.5 Criminal Force, Assault,
4.6 Kidnapping, Abduction, Trafficking of person, Unlawful compulsory labour etc.

5. Offences Against the State, Offences Relating to Army, Navy, Air Force and Offences
Relating toElections:
5.1 Offences against the State:
5.1.1 Wagging War against Government of India and related offences
5.1.2 Act endangering sovereignty, unity and integrity of India (Sec. 152)
5.1.3 Public Servant negligently allowing Prisoner of State or war to escape and related
offences.
5.1.4 Aiding escape of, rescuing or harboring prisoner
5.2 Offences relating to the Army, Navy and Air Force
5.2.1 Abetting mutiny and related offences, attempt to seduce a soldier, sailor or
airman from his duty, abetment of assault by soldier, sailor or airman on his
superior officer etc.
5.2.2 Harbouring deserter, Abetment of Act of insubordination etc.
5.3 Offences relating to Elections
5.4 Offences relating to Coin, Currency Notes, Bank Notes and Government Stamps

6. Offences against the Public Tranquility, Offences by or against Public Servants:

6.1 Offences against Public Tranquility
6.1.1 Unlawful Assembly, Common Object, Difference between Common Object
and Common Intention (Sec. 190 and Sec.3(5) ), Rioting, Aggravated forms
of Rioting, Affray, Promoting enmity between different groups
6.1.2 Imputations, assertions prejudicial to national integration
6.2 Offences by or relating to Public Servants:
6.2.1 Public Servant disobeying law with intent to cause injury, disobeying direction
under law
6.2.2 Punishment for non-treatment of victim (Sec.200), public servant framing
incorrect document with intent to cause injury, unlawfully engaging in Trade,
unlawfully buying/bidding for property etc.
7. Contempt’s of the lawful authority of Public Servants:
7.1 Absconding to avoid service of summons, preventing service of summons, Non-
attendance in obedience to order from public servant and other related offences
7.1.1 Refusing to take oath/affirmation, refusing to answer public servant, refusing
to sign statement etc., Resistance/obstruction by a person to his or another
 person’s lawful apprehension etc.
7.1.2 Threat of Injury to public servant and related offences, Attempt to
commit suicide to compel/restrain exercise of lawful power (Sec.226)

8. False Evidence and Offences against Public Justice, Offences affecting Public Health,
Safety etc. and Offences relating to Religion:
8.1 Giving and fabricating False Evidence, punishment
8.1.1 Giving/ fabricating false evidence with intent to procure conviction of
capital offences/ life imprisonment / imprisonment, related offences
8.1.2 Using evidence known to be false, issuing/signing false certificate, using as
true certificate known to be false etc., giving false information and related
offences, dishonestly making false claim in court, fraudulently obtaining
degree for sum not due
8.1.3 Harboring offender and related offences
8.1.4 Public servant disobeying direction of law to save person from
punishment etc. and other offences related to public servant
8.2 Offences affecting the Public Health, Safety etc.:
8.2.1 Public Nuisance and related offences
8.2.2 Adulteration of food or drink intended for sale, sale of noxious food/drink,
adulteration of drugs and sale thereof, related offences
8.2.3 Rash driving or riding on public way etc., conveying person by water for
hire in unsafe or overloaded vessel, Negligent conduct with respect to
poisonous substances, fire/combustible matter, explosive substance, animal
etc. punishment
8.2.4 Sale etc. of obscene books,, obscene objects to child, obscene acts and
songs, keeping lottery office
8.3 Offences relating to Religion:
8.3.1 Injuring/ defiling place of worship with intent to insult religion of any class,
Deliberate and malicious acts intended to outrage religious feelings etc.
8.3.2 Disturbing religious assembly, trespassing on burial places etc., uttering words
etc. with intent to wound religious feelings
9. Offences against Property, Documents and Property Marks, Criminal Intimidation,
Defamation and Miscellaneous:
9.1 Theft, snatching &Extortion, aggravated forms of theft and extortion, punishment
thereof, Robbery and Dacoity, Distinction between them, receiving and disposing of
Stolen Property& other related offences
9.2 Criminal Misappropriation, Criminal Breach of Trust, Mischief including Mischief
by causing loss to Government property etc. (Sec. 324(3))
9.3 Cheating: Types of Cheating Punishment, Criminal Trespass, House Trespass and
House Breaking, aggravated forms and punishment
9.4 Making False Document and Forgery,
9.4.1 Aggravated forms of forgery, punishment, forge document/electronic
record and using it as genuine etc.
9.4.2 Fraudulent cancellation, destruction etc. of will, authority to adopt or
valuable Security etc. falsification of account.
9.4.3 Tampering with property marks, counterfeiting property marks etc.
9.5 Criminal Intimidation, Intentional Insult with intent to provoke breach of peace,
statements conducting to public mischief, Act caused by inducing person to believe that
he will be rendered an object of Divine Displeasure, Misconduct in public by a drunken
 person
9.6 Defamation, Breach of contract to attend on and supply wants of helpless person
9.7 Repeal and savings (Sec. 358)

Suggested Readings: (The latest edition)

1. Prof. Vageshwari Deswal & Advo. Saurabh Kansal, Taxmann's Bharatiya Nyaya Sanhita 2023 |
Law & Practice, Taxmann's Editorial Board, 2024
2. Shailendra Malik, Bhartiya Nyaya Sanhita 2023, Allahabad Law Agency
3. Dr. J.K. Verma, Bharatiya Nyaya Sanhita, 2023 (Offences and Penalties): A Commentary, Eastern
Book Company
4. Kenny's Outlines of Criminal Law - Universal Law Publishing Co.
5. C.K. Takwani, Indian Penal Code, EBC Publishing.
6. Ratanlal and Dhirajlal, Indian Penal Code, Lexis Nexis
7. K.D. Guar, Criminal Law cases and material, Butterworth’s, India
8. S.N. Mishra, Indian Penal Code, Central Law Publishing Agency
9. R.C. Nigam, Law of Crimes, Vol. I and II
10. B.M. Gandhi, Indian Penal Code, Eastern Book Co.
11. Russell on Crime - Universal Law Publishing Co. (2 Volumes)
12. Ratanlal & Dhirajlal's Indian Penal Code, Butterworth's Wadhwa, Nagpur
13. K.D. Gaur, A text Book on the Indian Penal Code, Universal Delhi.
14. P.S. Achuthanpillai, Criminal Law Eastern Book Co.