LAWS RELATING TO CRIME AND ITS

PROCEDURE
PANKAJ KUMAR
BSc. (H), MBA (Finance)
FCS, Chartered SI (CISI – London)
Visiting Faculty :- NIRC (ICSI), BSE
Academic Expert :- ICSI
Best Faculty Awardee :- NIRC (ICSI)
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REGULATORY FRAMEWORK
THE BHARATIYA NYAYA SANHITA, 2023
(BNS)
THE BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 (BNSS)

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THE BHARATIYA NYAYA
SANHITA, 2023 (BNS)
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 INTRODUCTION OF BNS
BNS is a modern day legislation which has replaced the Indian Penal Code of 1860
from 1st July 2024.
BNS is the substantive law of crimes.
It defines acts which constitute an offence and lays down punishment for the same.
It lays down certain principles of criminal law.
BNS consists of 20 chapters and 358 sections.
The BNS uses the term ‘Offence’ in place of ‘Crime’.
As per Section 2(24) of BNS the word ‘Offence’ ‘means a thing made punishable by
BNS.
The procedural law through which the BNS is implemented is the Bhartiya Nagarik
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Suraksha Sanhita 2023(BNSS).
 PURPOSE OF BNS
The BNS aims to create a more balanced and rehabilitative criminal justice
system by focusing on restorative justice.
The goal is to promote rehabilitation and reduce the burden on the prison
system.
Community service has been used widely in America to punish petty offences.
Community service can be an option for offenses like petty thefts, public
nuisance, false defamation complaints, and drunken misconduct in public.
Courts can choose community service over incarceration (imprisonment) or
fines.
Offenders involved in thefts of property valued under Rs 5,000 can avoid
traditional punishments by returning the stolen goods and performing
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 PURPOSE OF BNS
Community service for offences under the Bharatiya Nyaya Sanhita
(BNS) 2023:
 Involvement of public servants in illegal trade (Sec 202 BNS)
 Non-appearance in response to a proclamation (Sec 209 BNS)
 Attempt to commit suicide to influence legal authority (Sec 226
BNS)
 First conviction of petty theft involving property valued below
₹5,000 and the property must have been recovered. (Sec 303 BNS)
 Public misconduct by a drunken person (Sec 355 BNS)
 Defamation (Sec 356 BNS) 6
 JURISDICTION OF BNS
The geographical area or the subjects to which a law applies is
defined as the jurisdiction of that law.
Ordinarily, laws made by a country are applicable within its own
boundaries.
Countries, however, also make laws that apply to territories
outside of their own country.
In terms of considering the guilt for any act or omission, the law
shall be applied equally without any discrimination on the ground
of caste, creed, nationality, rank, status or privilege.
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 JURISDICTION OF BNS
Intra-territorial jurisdiction:
 Under BNS criminal courts in India exercise jurisdiction
because a crime is committed by any person (national, or
foreigner) within the Indian territory.
 Where a crime under any provision of BNS is committed
within the territory of India, the BNS applies and the
courts can try and punish irrespective of the fact that the
person who had committed the crime is an Indian
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 JURISDICTION OF BNS
Extra-territorial jurisdiction:
 Under BNS criminal courts in India exercise jurisdiction
because a crime though committed outside India, the
person committing the crime is liable to be tried for it
under any Indian law.
 Section 1(4) and 1(5) of BNS deals with extra-territorial
jurisdiction of the courts.
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 JURISDICTION OF BNS
BNS applies to any offence committed:
 Within the territory of India as defined in Article 1 of the
Constitution of India.
 Any place without and beyond India;
 Any person on any ship or aircraft registered in India
wherever it may be;
 Any person in any place without and beyond India
committing an offence targeting a computer resource
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 JURISDICTION OF BNS
Note:
 It is not a defence that a foreigner/non-Indian citizen did not know that he was
committing a wrong, the act itself not being an offence in his own country.
 Case: Mobarik Ali Ahmed v. State of Bombay, 1957
• In this case the Supreme Court held that;
• It is obvious that for an Indian law to operate and be effective in the
territory of India, it is not necessary that the laws should either be
published or be made known outside the country in order to bring
foreigners under its ambit.
• It would be apparent that the test to find out effective publication would
be publication in India, not outside India so as to bring it to the notice of
everyone who intends to pass through India. 11
 JURISDICTION OF BNS
Exemption from intra-territorial jurisdiction of BNS:
 Article 361(2) of the Constitution of India protects criminal
proceedings against the President or Governor of a state in any
court, during the time they hold office.
 In accordance with well-recognized principles of international
law, foreign sovereigns are exempt from criminal proceedings in
India.
 This immunity is also enjoyed by the ambassadors and
diplomats of foreign countries who have official status in India.
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 BNS: SECTION 1 (4) {IPC: SECTION 3}
- Any person liable, by any law for the time
being in force in India, to be tried for an offence
committed beyond India shall be dealt with
according to the provisions of BNS for any act
committed beyond India in the same manner as
if such act had been committed within India.
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 BNS: SECTION 1 (5) {IPC: SECTION 4}
The provisions of BNS shall also apply to any offence committed by:
any citizen of India in any place without and beyond India;
any person on any ship or aircraft registered in India wherever it may be;
any person in any place without and beyond India committing an offence
targeting a computer resource located in India.
Note: In this section, the word “offence” includes every act committed
outside India which, if committed in India, would be punishable under
BNS.
Example: Hariya, who is a citizen of India, commits a murder in any place
beyond India. He can be tried and convicted of murder in any place in
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 STAGES OF CRIME
If a person commits a crime voluntarily, it involves
following four important stages:
1. Criminal Intention
2. Preparation
3. Attempt
4. Commission of Crime or Accomplishment
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 1. CRIMINAL INTENTION
Criminal intention is the first stage in the commission of offence.
Intention is the conscious exercise of mental faculties of a person to do an
act for the purpose of accomplishing or satisfying a purpose.
Law does not as a rule punish individuals for their evil thoughts or
criminal intentions.
The criminal court does not punish a man for mere guilty intention
because it is very difficult for the prosecution to prove the guilty intention
of a man.
Intention means doing any act with one’s will, desire, voluntariness,
malafides and for some purpose.
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Intention can also be imputed under the law.
 1. CRIMINAL INTENTION
Example: If a man drives in a rash and reckless manner resulting in
an accident causing death of a person, the reckless driver cannot
plead innocence by stating that he never intended to cause the
death of the person. But a reckless driver should know that
reckless driving is likely to result in harm and can even cause death
of the persons on the road, So, by virtue of definition of the word
‘voluntarily’ in BNS, a reckless driver who causes death of a person
can be presumed or deemed to have intended to cause the death
of the person.
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 2. PREPARATION
Preparation means to arrange necessary measures for commission of intended
criminal act.
Preparation itself is not punishable as it is difficult to prove that necessary
preparations were made for commission of the offence.
Under the BNS, in following circumstances mere preparation to commit a few
offences is punishable as they are considered to be grave offences:
 Preparation to wage war against the Government (Section 190).
 Preparation for counterfeiting of coins or Government Stamps (Sections 178
and 181).
 Possessing counterfeit coins, false weights or measurements and forged
documents (Section 180 and 339).
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
 3. ATTEMPT
Attempt, which is the third stage in the commission of a crime, is
punishable.
Attempt has been called as a preliminary crime.
Attempt means the direct movements towards commission of a crime
after necessary preparations have been made.
When a person wants to commit a crime, he firstly forms an intention,
then makes some preparation and finally does something for achieving
the object; if he succeeds in his object he is guilty of completed offence
otherwise only for making an attempt.
The act constituting the attempt must be proximate to the intended
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result.
 3. ATTEMPT
Under the BNS, the Sections on attempt can be divided into four broad categories:
 Category 1:
• Those Sections in which the commission of an offence and the attempt to commit

are dealt within the same section, the extent of the punishment being the same
for both the offence as well as the attempt.
• Examples:
 Offences against the State such as waging or attempting to wage war against
the Government of India,
 Assaulting or attempting to assault the President or Governor
 A public servant accepting or attempting to accept gratification
 Using or attempting to use evidence knowing it to be false
 Dacoity etc.
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 3. ATTEMPT
 Category 2:
• Those offences in which the attempt to commit specific offences
are dealt side by side with the offences themselves, but
separately, and separate punishments have been provided for
the attempt other than that provided for the offences which
have been completed.
• Examples: Attempt to commit an offence punishable with death
or Imprisonment for life including robbery, murder etc.

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 3. ATTEMPT
 Category 3:
Attempt to commit suicide to compel
or restrain from applying or restrain of
lawful power specifically provided as
an offence under Section 226 of the
BNS. 22
 3. ATTEMPT
 Category 4:
• This category relates to the attempt to commit
offences for which no specific punishment has been
provided in the BNS.
• Such attempts are covered under Section 62; with
imprisonment for life or a term which may extend to
one-half of the imprisonment for life or be punished
with imprisonment of any description. 23
4. COMMISSION OF CRIME OR ACCOMPLISHMENT
The last stage in the commission of crime is its
accomplishment.
If the accused succeeds in his attempt, the result is the
commission of crime and he will be guilty of the offence.
If his attempt is unsuccessful, he will be guilty for an
attempt only.
If the offence is complete, the offender will be tried and
punished under the specific provisions of the BNS.
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 TYPE OF PUNISHMENTS
1. Death
2. Life Imprisonment
3. Imprisonment
4. Forfeiture of property:
5. Fine
6. Community Service as Punishment
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 1. DEATH
A death sentence is the harshest of punishments provided
in the BNS, which involves the judicial killing or taking the
life of the accused as a form of punishment.
The Hon’ble Supreme Court in various cases has ruled that
death sentence ought to be imposed only in the ‘RAREST
OF RARE CASES’.
This doctrine was propounded by the Supreme Court in the
case of Bacchan Singh V. State of Punjab 1980.
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 1. DEATH
The BNS provides for capital punishment for the following offences:
 Murder
 Dacoity with Murder.
 Waging War against the Government of India.
 Abetting mutiny actually committed.
 Giving or fabricating false evidence upon which an innocent person suffers death
 Abetment of a suicide by a minor or insane person;
 Attempted murder by a life convict.
 Mob lynching (murder or grievous hurt by five or more people on specified
grounds)
 Terrorism
 Organized crime 27
 2. LIFE IMPRISONMENT
Imprisonment for life meant
rigorous imprisonment, that is,
till the last breath of the
convict.
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 3. IMPRISONMENT
Imprisonment which is of two
descriptions namely
Rigorous Imprisonment, that is
hard labour;
Simple Imprisonment 29
4. FORFEITURE OF PROPERTY
Forfeiture is the divestiture of specific property
without compensation in consequence of some
default or act forbidden by law.
The Courts may order for forfeiture of property of
the accused in certain occasions under Section
154 and 155 of the BNS.
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 5. FINE
Fine is forfeiture of money by way of penalty.
It should be imposed individually and not collectively.
When court sentences an accused for a punishment,
which includes a fine amount, it can specify that in
the event the convict does not pay the fine amount,
he would have to suffer imprisonment for a further
period as indicated by the court, which is generally
referred to as default sentence. 31
6. Community Service as Punishment:
The Bharatiya Nyaya Sanhita
(BNS) 2023 includes community
service as a form of punishment
for minor offenses:
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DIFFERENCE BETWEEN FINE AND PENALTY
FINE PENALTY
According to merriam-webster dictionary According to merriam-webster dictionary,
fine “a sum imposed as punishment for an “the suffering or the sum to be forfeited to
offense”. which a person agrees to be subjected in
case of non fulfillment of stipulations.”

Punishments are against offences Penalties are against non-compliances.

According to Section 2(38) of the General According to Merriam-webster dictionary,
Clauses Act, 1897, offence shall mean any the meaning of Non-compliances is failure
act or omission made punishable by any or refusal to comply with something (such
law for the time being in Force. as a rule or regulation): a state of not being
in compliance.

Fine and penalty in a particular provision may depend upon the nature of provision i.e.
Criminal or Civil. 33
DIFFERENCE BETWEEN FINE AND PENALTY
FINE PENALTY
Example: Example:
According to section 16(3) of the Companies According to Section 12(8) of the Companies
Act, 2013, if a company makes default in Act, 2013, if any default is made in complying
complying with any direction given under with the requirements of Section 12, the
section 16(1), the company shall be company and every officer who is in default
punishable with fine of one thousand rupees shall be liable to a penalty of one thousand
for every day during which the default rupees for every day during which the default
continues and every officer who is in default continues but not exceeding one lakh rupees.
shall be punishable with fine which shall not In this provision, the default is in nature of
be less than five thousand rupees but which non-compliance there the provision creates
may extend to one lakh rupees. the liability of penalty.
In this provision, the default is in nature of
offence and the provision provides for fine as
a punishment.

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THE FUNDAMENTAL ELEMENTS OF CRIME
The basic function of criminal law is to
punish the offender and to deter the
incidence of crime in the society. A
criminal act must contain the following
elements:
1. Human Being 35
 THE FUNDAMENTAL ELEMENTS OF CRIME
2. Mens rea
Types of mens rea:
 Intention
 Negligence
 Recklessness

Exception of mens rea

 Statutory Imposition
 Difficulty in proving mens rea
 Interest of Public Safety
 Offence without knowledge
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3. Actus Reus (act or omission)
 1. HUMAN BEING
The first requirement for commission of crime is that the
act must be committed by a human being.
The human being must be under legal obligation to act in
particular manner and be physically and mentally fit for
conviction in case he has not acted in accordance with
the legal obligation.
Only a human being under legal obligation and capable of
being punished can be the proper subject of criminal law.
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 2. MENS REA
The basic principle of criminal liability is embodied in the legal maxim ‘actus non
facit reum, nisi mens sit rea’. It means ‘the act alone does not amount to guilt;
the act must be accompanied by a guilty mind’.
The intention and the act must both concur to constitute the crime.
Mens rea is defined as the mental element necessary to constitute criminal
liability.
It is the attitude of mind which accompanies and directs the conduct which
results in the ‘actus reus’.
The act is judged not from the mind of the wrong-doer, but the mind of the
wrong-doer is judged from the act.
‘Mens rea’ is judged from the external conduct of the wrong doer by applying
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objective standards.
 2. MENS REA
TYPES OF MENS REA:
I. Intention
II. Negligence
III. Recklessness
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 I. INTENTION
 Intention is defined as ‘the purpose or design with which an act is done’.
 Intention indicates the position of mind, condition of someone at
particular time of commission of offence and also will of the accused to
see effects of his unlawful conduct.
 Criminal intention does not mean only the specific intention but it
includes the generic intention as well.
 Example: Ramdeen poisons the food which Haria was supposed to eat
with the intention of killing Haria. Banshi eats that food instead of Hariya
and is killed. Ramdeen is liable for killing Banshi although Ramdeen never
intended it.
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 II. NEGLIGENCE
 Negligence is the second form of mens rea.
 Negligence is not taking care, where there is a duty to take care.
 Negligence or carelessness indicates a state of mind where there
is absence of a desire to cause a particular consequence.
 The standard of care established by law is that of a reasonable
man in identical circumstances. What amounts to reasonable
care differs from thing to thing depending situation of each case.
 In criminal law, the negligent conduct amounts to means rea.

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 III. RECKLESSNESS
Recklessness is a form of mens rea.
Recklessness occurs when the actor does not
desire the consequence, but foresees the
possibility and consciously takes the risk.
It is a total disregard for the consequences of
one’s own actions.
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 EXCEPTION OF MENS REA
i. Statutory Imposition
ii. Difficulty in proving mens rea
iii. Interest of Public Safety:
iv. Offence without knowledge:
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 i. STATUTORY IMPOSITION:
Where a statute imposes liability, the presence or absence of a guilty mind is irrelevant.
The classical view of that ‘no mens rea, no crime’ has long been eroded and several laws
in India and abroad, especially regarding economic crimes and departmental penalties,
have created severe punishment even where the offences have been defined to exclude
mens rea.
Many laws passed in the interest of public safety and social welfare imposes absolute
liability.
This is so in matters concerning public health, food, drugs, etc. There is absolute liability
(mens rea is not essential) in the licensing of shops, hotels, restaurants and chemists
establishments.
The same is true of cases under the Motor Vehicles Act and the Arms Act, offences
against the State like waging of war, sedition etc.
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ii. DIFFICULTY IN PROVING MENS REA:
Where it is difficult to prove mens rea and
penalties are petty fines. In such petty
cases, speedy disposal of cases is necessary
and the proving of mens rea is not easy.
An accused may be fined even without any
proof of mens rea.
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 iii. INTEREST OF PUBLIC SAFETY:
In the interest of public safety, strict
liability is imposed and whether a
person causes public nuisance with a
guilty mind or without guilty mind, he
is punished.
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iv. OFFENCE WITHOUT KNOWLEDGE:
If a person violates a law even without the knowledge of
the existence of the law, it can still be said that he has
committed an act which is prohibited by law.
In such cases, the fact that he was not aware of the law
and hence did not intend to violate it is no defense and
he would be liable as if he was aware of the law.
This follows from the maxim ‘Ignorantia juris non excusat’
which means ignorance of the law is no excuse.
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CORPORATE BODY AND MENS REA
According to Section 2(26) of the BNS, the word ‘Person’ includes
any Company or Association, or body of persons, whether
incorporated or not.
Thus companies are covered under the provisions of the BNS.
Virtually in all jurisdictions across the world governed by the rule
of law, companies can no longer claim immunity from criminal
prosecution on the ground that they are incapable of possessing
the necessary mens rea for the commission of criminal offences.

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CORPORATE BODY AND MENS REA
Case: State of Maharashtra V. M/s Syndicate Transport, 1964
In this case it was held that the question whether a corporate
body should or should not be liable for criminal action resulting
from the acts of some individual must depend on the nature of
offence disclosed by the allegations in the complaint or in the
charge sheet, the relative position of the officer or agent and the
corporate body, and other relevant facts and circumstances which
could show that the corporate body, as such, meant or intended to
commit that act.
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3. ACTUS REUS (ACT OR OMISSION):
The third essential element of crime is Actus Reus.
A human being and an evil intent are not enough to constitute a crime for one cannot
know the intentions of a man.
Actus reus means overt act or unlawful commission done in carrying out a plan with the
guilty intention.
Actus reus is defined as a result of voluntary human conduct which law prohibits. It is the
doing of some act by the person to be held liable.
An ‘act’ is a willed movement of body.
A man may be held fully liable even when he has taken no part in the actual commission
of the crime.
Example: If a number of people conspire to murder a person and only one of them
actually shoots the person, every conspirator would be held liable for it. A person will also
be held fully responsible if he has made use of an innocent agent to commit a crime. 50
3. ACTUS REUS (ACT OR OMISSION):
The third essential element of crime is Actus Reus.
A human being and an evil intent are not enough to constitute a crime for one cannot
know the intentions of a man.
Actus reus means overt act or unlawful commission done in carrying out a plan with the
guilty intention.
Actus reus is defined as a result of voluntary human conduct which law prohibits. It is the
doing of some act by the person to be held liable.
An ‘act’ is a willed movement of body.
A man may be held fully liable even when he has taken no part in the actual commission
of the crime.
Example: If a number of people conspire to murder a person and only one of them
actually shoots the person, every conspirator would be held liable for it. A person will also
be held fully responsible if he has made use of an innocent agent to commit a crime. 51
BHARATIYA NAGARIK
SURAKSHA SANHITA
52
 INTRODUCTION
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is an Act to consolidate and amend the
law relating to Criminal Procedure.
BNSS was introduced to replace the Criminal Procedure Code, 1973.
The shift reflects an intent to enhance the efficiency of criminal procedures, ensure
victim-centric justice, and integrate technological advancements into the investigative
and judicial processes.
By addressing delays, redundancies, and complexities in the earlier framework, the BNSS
incorporates provisions to expedite trials, strengthen digital evidence mechanisms, and
improve transparency. Furthermore, it emphasizes safeguarding the rights of individuals,
ensuring fairness, and reducing procedural bottlenecks, thereby making the legal system
more accessible and effective for citizens while maintaining the principles of justice and
equity.
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 INTRODUCTION
Its object is to provide a machinery for determining the guilt of and
imposing punishment on offenders under the substantive criminal
law, for example, the Bharatiya Nyaya Sanhita (BNS) and under
some other Acts.
The two Codes are to be read together.
Company Secretaries and the secretarial profession would have
relatively less to do with the BNSS than with other procedural laws,
except for safeguarding against criminal offences by Directors,
Secretary, Manager or other Principal Officer under different
corporate and industrial laws. 54
COGNIZABLE OFFENCE/CASE {SECTION 2(1)(G)
“Cognizable Offence” means an offence for
which and "Cognizable Case" means a case in
which, a police officer may, in accordance with
the First Schedule or under any other law for the
time being in force, arrest without warrant.
Cognizable offences are generally non-bailable.
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NON-COGNIZABLE OFFENCE/CASE {SECTION 2(1)(O)}
“Non-cognizable offence” means an offence
for which, and “Non-Cognizable Case” means
a case in which, a police officer has no
authority to arrest without warrant.
Non-cognizable offences are usually bailable.

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CLASSES OF CRIMINAL COURTS
Following are the different classes of criminal courts:
Executive Magistrates
Judicial Magistrates of Second Class
Judicial Magistrates of First Class
Sessions Court
High Court
Supreme Court
Note: Section 6 of BNSS (Section 6 of CrPC): Words "in any
57
 POWER OF COURTS TO PASS SENTENCES
(A) SENTENCES WHICH HIGH COURTS AND SESSIONS
JUDGES MAY PASS {SECTION 22 BNSS}
(B) SENTENCES WHICH MAGISTRATES MAY PASS
{SECTION 23}
(C) SENTENCE OF IMPRISONMENT IN DEFAULT OF FINE
{SECTION 24}
(D) SENTENCES IN CASES OF CONVICTION OF SEVERAL
58
(A) SENTENCES WHICH HIGH COURTS AND SESSIONS JUDGES
MAY PASS {SEC 22 BNSS}

A High Court may pass any sentence

authorised by law.
A Sessions Judge or Additional Sessions Judge
may pass any sentence authorised by law; but
any sentence of death passed by any such
Judge shall be subject to confirmation by the
High Court. 59
(B) SENTENCES WHICH MAGISTRATES MAY PASS {SECTION 23}
The Court of a Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment for a
term exceeding 7 years.
The Court of a Magistrate of the first class may pass a sentence of imprisonment
for a term not exceeding 3 years, or of fine not exceeding 50,000 rupees, or of
both, or of community service.
The Court of Magistrate of the second class may pass a sentence of imprisonment
for a term not exceeding 1 year, or of fine not exceeding 10,000 rupees, or of
both, or of community service.
Note: “Community service” shall mean the work which the Court may order a
convict to perform as a form of punishment that benefits the community, for
which he shall not be entitled to any remuneration. 60
 (C) SENTENCE OF IMPRISONMENT IN DEFAULT OF FINE
{SECTION 24}
The Court of a Magistrate may award such term of imprisonment in default
of payment of fine as is authorised by law provided that the term:
is not in excess of the powers of the Magistrate under Section 23;
shall not, where imprisonment has been awarded as part of the
substantive sentence, exceed one-fourth of the term of imprisonment
which the Magistrate is competent to inflict as punishment for the
offence otherwise than as imprisonment in default of payment of the
fine.
Note: The imprisonment awarded under this section may be in addition
to a substantive sentence of imprisonment for the maximum term
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 (D) SENTENCES IN CASES OF CONVICTION OF SEVERAL
OFFENCES AT ONE TRIAL {SEC 25}
It relate to the quantum of punishment which the Court is authorised to
impose where the accused is convicted of two or more offences at one trial.
The Court may, Subject to the provisions of section 9 (Limit of punishment
of offence made up of several offences) of the BNS, sentence to the several
punishments prescribed which such Court is competent to inflict.
Such punishments when consisting of imprisonment to commence the one
after the expiration of the other in such order as the Court may direct,
unless the Court directs that such punishments shall run concurrently.
For the purpose of appeal by a convicted person, the aggregate of the
consecutive sentences passed against him under this section shall be
deemed to be a single sentence. 62
INHERENT POWERS OF THE COURT {SECTION 528}
Nothing in BNSS shall be deemed to limit or affect the inherent powers of the High Court to
make such orders as may be necessary to give effect to any order under BNSS, or to prevent
abuse of the process of any Court or otherwise to secure the ends of justice.
The powers of the High Court under Section 528 of BNSS are partly administrative and partly
judicial.
The inherent powers can be exercised only when no other remedy is available to the litigant
and not where a specific remedy is provided by the statute.
Inherent powers under Section 528 include powers to quash FIR, investigation or any
criminal proceedings pending before the High Court or any Courts subordinate to it and are
of wide magnitude and ramification.
Court can always take note of any miscarriage of justice and prevent the same by exercising its
powers under section 528 of BNSS.
These powers are neither limited nor curtailed by any other provisions of BNSS. However,
63
INHERENT POWERS OF THE COURT {SECTION 528}
The Supreme Court in Madhu Limaye V. State of Maharashtra,
1978, has held that the following principles would govern the
exercise of inherent jurisdiction of the High Court:
 Power is not to be resorted to, if there is a specific provision in
the Code for redress of grievances of aggrieved party.
 It should be exercised very sparingly to prevent abuse of process
of any Court or otherwise to secure ends of justice.
 It should not be exercised as against the express bar of the law
engrafted in any other provision of the code.
64
ARREST OF PERSONS {SECTION 35}
The word “arrest” consists of taking into custody of another person under authority empowered by
law, for the purpose of holding or detaining him to answer a criminal charge and preventing the
commission of a criminal offence.
Under Section 35 any police officer may without an order from a Magistrate and without a warrant,
arrest any person:
 who commits, in the presence of a police officer, a cognizable offence; or
 against whom credible information has been received that he has committed a cognizable
offence punishable with imprisonment for a term which may extend to more than seven years
whether with or without fine or with death sentence and the police officer has reason to believe
on the basis of that information that such person has committed the said offence; or
 who has been proclaimed as an offender either under BNSS or by order of the State
Government; or
 in whose possession anything is found which may reasonably be suspected to be stolen property
and who may reasonably be suspected of having committed an offence with reference to such
65
thing; or
 ARREST OF PERSONS {SECTION 35}
 who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to
escape, from lawful custody; or
 who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
 who has been concerned in, or against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists, of his having been concerned in, any
act committed at any place out of India which, if committed in India, would have been punishable as
an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be
apprehended or detained in custody in India; or
 who, being a released convict, commits a breach of any rule made under sub-section (5) of section
394 of BNSS relating to notification of address of previously convicted offender; or
 for whose arrest any requisition, whether written or oral, has been received from another police
officer, provided that the requisition specifies the person to be arrested and the offence or other
cause for which the arrest is to be made and it appears therefrom that the person might lawfully be
arrested without a warrant by the officer who issued the requisition.
66
 ARREST OF PERSONS {SECTION 35}
 the police officer has reason to believe on the basis of such complaint, information, or
suspicion that such person has committed the said offence and such arrest is necessary:
• to prevent such person from committing any further offence; or
• for proper investigation of the offence; or
• to prevent such person from causing the evidence of the offence to disappear or
tampering with such evidence in any manner; or
• to prevent such person from making any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from disclosing such facts
to the Court or to the police officer; or
• as unless such person is arrested, his presence in the Court whenever required cannot
be ensured, and the police officer shall record while making such arrest, his reasons in
writing:
67
ARREST OF PERSONS {SECTION 35}
 Note: No arrest shall be made without prior
permission of an officer not below the rank
of Deputy Superintendent of Police in case of
an offence which is punishable for
imprisonment of less than 3 years and such
person is infirm or is above 65 years of age.”
68
 PROCEDURE OF ARREST {SECTION 36}
Every police officer while making an arrest shall:
bear an accurate, visible and clear identification of his name which will facilitate
easy identification;
prepare a memorandum of arrest which shall be:
 attested by at least one witness, who is a member of the family of the person
arrested or a respectable member of the locality;
 countersigned by the person arrested; and
inform the person arrested, unless the memorandum is attested by a member of
his family, that he has a right to have a relative or a friend or any other person
named by him to be informed of his arrest.

69
INTERROGATION AFTER ARREST {SECTION 38}
When any person is arrested and
interrogated by the police, he shall be
entitled to meet an advocate of his
choice during interrogation, though
not throughout interrogation.
70
 ARREST ON REFUSAL TO GIVE NAME AND RESIDENCE
{SECTION 39}
When any person who, in the presence of a police officer, has committed or has been
accused of committing a non-cognizable offence refuses on demand of such officer to
give his name and residence or gives a name or residence which such officer has reason
to believe to be false, he may be arrested by such officer in order that his name or
residence may be ascertained.
When the true name and residence of such person have been ascertained, he shall be
released on a bond or bail bond, to appear before a Magistrate if so required.
If such person is not resident in India, the bail bond shall be secured by a surety or
sureties resident in India.
If the true name and residence of such person is not ascertained within 24 hours from
the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to
furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate
having jurisdiction. 71
ARREST BY PRIVATE PERSON {SECTION 40}
Any private person may arrest or cause to be arrested
any person who in his presence commits a non-
bailable and cognizable offence, or any proclaimed
offender, and, without unnecessary delay, but within
6 hours from such arrest, shall make over person so
arrested to a police officer, or, in the absence of a
police officer, to the nearest police station.
72
ARREST BY MAGISTRATE {SECTION 41}
When any offence is committed in the presence
of a Magistrate, whether Executive or Judicial,
within his local jurisdiction, he may himself
arrest or order any person to arrest the
offender, and may thereupon, subject to the
provisions herein contained as to bail, commit
the offender to custody.
73
 ARREST HOW MADE {SECTION 43}
In making an arrest the police officer or other person making the same shall
actually touch or confine the body of the person to be arrested, unless there be
a submission to the custody by word or action.
Where a woman is to be arrested, unless the circumstances indicate to the
contrary, her submission to custody on an oral intimation of arrest shall be
presumed and, unless the circumstances otherwise require or unless the police
officer is a female, the police officer shall not touch the person of the woman for
making her arrest.
If any person forcibly resists the endeavour to arrest him, or attempts to evade
the arrest, such police officer or other person may use all means necessary to
affect the arrest.
74
 ARREST HOW MADE {SECTION 43}
The police officer may, keeping in view the nature and gravity of the offence, use
handcuff while making the arrest of a person or while producing such person before the
court who is a habitual or repeat offender, or who escaped from custody, or who has
committed offence of organised crime, terrorist act, drug related crime, or illegal
possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins
and currency-notes, human trafficking, sexual offence against children, or offence against
the State.
No such action during areest shall be made which cause the death of a person who is not
accused of an offence punishable with death or with imprisonment for life.
Save in exceptional circumstances, no woman shall be arrested after sunset and before
sunrise, and where such exceptional circumstances exist, the woman police officer shall,
by making a written report, obtain the prior permission of the Magistrate of the first class
within whose local jurisdiction the offence is committed or the arrest is to be made. 75
 ARREST HOW MADE {SECTION 43}
According to Section 78, the police officer or other person executing a warrant
of arrest shall without unnecessary delay {Maximum 24 hours exclusive of the
time necessary for the journey} bring the person arrested before the Court
before which he is required by law to produce such person.
According to Section 187 when he is arrested without a warrant, he can be kept
into custody for a period not exceeding 24 hours, and before the expiry of that
period he is to be produced before the nearest Magistrate.
According to Section 59, officers in charge of police stations shall report to the
District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the
cases of all persons arrested without warrant, within the limits of their
respective stations, whether such persons have been admitted to bail or
76
otherwise.
 ARREST HOW MADE {SECTION 43}
According to section 60, no person who has been arrested by a
police officer shall be discharged except on his bond, or bail bond,
or under the special order of a Magistrate.
According to section 61, if a person in lawful custody escapes or is
rescued, the person from whose custody he escaped or was
rescued may immediately pursue and arrest him in any place in
India.
According to section 62, no arrest shall be made except in
accordance with the provisions of BNSS or any other law for the
time being in force providing for arrest. 77
 SUMMONS AND WARRANTS

The general processes to

compel appearance are:
Summons
Warrants 78
SUMMONS {SECTION 63/64/66}
According to section 63, every summons issued by a Court under BNSS shall be:
 in writing, in duplicate, signed by the presiding officer of such Court or by such other officer
as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court;
or
 in an encrypted or any other form of electronic communication and shall bear the image of
the seal of the Court or digital signature.
As per Section 64, every summons shall be served by a police officer, or subject to such rules as
the State Government may make in this behalf, by an officer of the Court issuing it or other public
servant.
As per Section 66, where the person summoned cannot, by the exercise of due diligence, be
found, the summons may be served by leaving one of the duplicates for him with some adult
member of his family residing with him, and the person with whom the summons is so left shall, if
so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
79
SERVICE OF SUMMONS ON CORPORATE BODIES, FIRMS, AND
SOCIETIES {SECTION 65}
Service of a summons on a company or corporation may be effected by serving it
on the Director, Manager, Secretary or other officer of the company or corporation,
or by letter sent by registered post addressed to the Director, Manager, Secretary
or other officer of the company or corporation in India, in which case the service
shall be deemed to have been effected when the letter would arrive in ordinary
course of post.
Service of a summons on a firm or other association of individuals may be effected
by serving it on any partner of such firm or association, or by letter sent by
registered post addressed to such partner, in which case the service shall be
deemed to have been effected when the letter would arrive in ordinary course of
post.
80
 PROCEDURE WHEN SERVICE CANNOT BE EFFECTED AS
BEFORE PROVIDED/SUBSTITUTED SERVICE OF SUMMONS
As per Section 67, if service cannot by the exercise of due diligence be effected as provided in section 64,
section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some
conspicuous part of the house or homestead in which the person summoned ordinarily resides; and
thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons
has been duly served or order fresh service in such manner as it considers proper.
As per Section 68, where the person summoned is in the active service of the Government, the Court
issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is
employed; and such head shall thereupon cause the summons to be served in the manner provided by
section 64, and shall return it to the Court under his signature with the endorsement required by that
section. Such signature shall be evidence of due service.
As per Section 69, when a Court desires that a summons issued by it shall be served at any place outside
its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose
local jurisdiction the person summoned resides, or is, to be there served.

81
SERVICE OF SUMMONS ON WITNESS {SECTION 71}
Notwithstanding anything contained in the preceding Sections, a Court issuing a
summons to a witness may, in addition to and simultaneously with the issue of
such summons, direct a copy of the summons to be served by electronic
communication or by registered post addressed to the witness at the place where
he ordinarily resides or carries on business or personally works for gain.
When an acknowledgement purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness refused
to take delivery of the summons has been received or on the proof of delivery of
summons by electronic communication to the satisfaction of the Court, the Court
issuing summons may deem that the summons has been duly served.

82
PROCLAMATION AND ATTACHMENT
SECTION 84:
If any Court has reason to believe that any person against
whom a warrant has been issued by it has absconded or is
concealing himself so that such warrant cannot be
executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a
specified time not less than 30 days from the date of
publishing such proclamation.
83
PROCLAMATION AND ATTACHMENT
SECTION 85:
 The Court issuing a proclamation, for reasons to be recorded in writing, at any
time after the issue of the proclamation, order the attachment of any property,
movable or immovable, or both, belonging to the proclaimed person.
 The object of attaching property is not to punish him but to compel his
appearance.
 The Court may order the attachment of property simultaneously with the issue
of the proclamation where at the time of the issue of the proclamation it is
satisfied, that the person in relation to whom the proclamation is to be issued:
 is about to dispose of the whole or any part of his property; or
 is about to remove the whole or any part of his property from the local
84
jurisdiction of the Court,
 SUMMONS TO PRODUCE
Sometimes it is necessary that a person should
produce a document or other thing which may
be in his possession or power for the purposes
of any investigation or inquiry under the BNSS
2023. This can be compelled to be produced by
issuing summons (Sections 94 and 95) or a
warrant (Sections 96 to 101).
85
 SEARCH WARRANT {Section 96}
Search Warrants may be issued in the following circumstances:
Where any Court has reason to believe that a person to whom a
summons order has been, or might be, addressed, will not or would
not produce the document or thing as required by such summons or
requisition; or
such document or thing is not known to the Court to be in the
possession of any person; or
the Court considers that the purposes of any inquiry, trial or other
proceeding under this BNSS will be served by a general search or
inspection, 86
 SEARCH OF PLACE SUSPECTED TO CONTAIN STOLEN
PROPERTY, FORGED DOCUMENTS {SEC 97}
If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, may
by warrant authorise any police officer above the rank of a constable:
to enter, with such assistance as may be required, such place;
to search the same in the manner specified in the warrant;
to take possession of any property or article therein found which he reasonably
suspects to be stolen property or objectionable article;
to convey such property or article before a Magistrate, or to guard the same on the
spot until the offender is taken before a Magistrate, or otherwise to dispose of it in
some place of safety;
to take into custody and carry before a Magistrate every person found in such place
who appears to have been privy to the deposit, sale or production of any such
87
property or article.
 SEARCH FOR PERSONS WRONGFULLY CONFINED
{SECTION 100}
Any District Magistrate, Sub-Divisional Magistrate or
Magistrate of the first class who has reasons to believe that
any person is confined under such circumstances that the
confinement amounts to an offence, he may issue a search
warrant for the search of the person so confined. The person
if found shall be immediately produced before the Magistrate
for making such orders as in the circumstances of the case he
thinks proper.
88
 RECORDING OF SEARCH AND SEIZURE THROUGH
AUDIO-VIDEO ELECTRONIC MEANS { SEC 105}
The process of conducting search of a place or taking possession of any
property, article or thing, including preparation of the list of all things
seized in the course of such search and seizure and signing of such list
by witnesses, shall be recorded through any audio-video electronic
means preferably mobile phone and the police officer shall without
delay forward such recording and the police officer shall without delay
forward such recording to the District Magistrate, Sub-divisional
Magistrate or Judicial Magistrate of the first class.

89
SUMMARY TRIALS / SUMMARY CASES {SECTION 283}
Summary trial is a speedy trial by dispensing with formalities or delay in
proceedings.
Summary cases are meant a case which can be tried and disposed of at once.
Generally, it will apply to such offences not punishable with imprisonment for a
term exceeding 2 years.
Any Chief Judicial Magistrate or Magistrate of the first class, shall try in a summary
way all or any of the following offences:
 theft, where the value of the property stolen does not exceed 25,000 rupees;
 receiving or retaining stolen property, where the value of the property does not
exceed 25,000 rupees;
 assisting in the concealment or disposal of stolen property, where the value of
90
such property does not exceed 25,000 rupees;
SUMMARY TRIALS / SUMMARY CASES {SECTION 283}
 offences under sub-sections (2) and (3) of Section 331 of the
Bharatiya Nyaya Sanhita, 2023 (house-trespass or house-
breaking,);
 insult with intent to provoke a breach of the peace,;
 abetment of any of the foregoing offences;
 an attempt to commit any of the foregoing offences, when such
attempt is an offence;
 any offence constituted by an act in respect of which a complaint
may be made under Section 20 of the Cattle-trespass Act, 1871.
91
SUMMARY TRIALS / SUMMARY CASES {SECTION 283}
 The Magistrate may, after giving the accused a reasonable opportunity of being heard, for
reasons to be recorded in writing, try in a summary way all or any of the offences not
punishable with death or imprisonment for life or imprisonment for a term exceeding 3
years.
 No appeal shall lie against the decision of a Magistrate to try a case in a summary way.
 When, in the course of a summary trial it appears to the Magistrate that the nature of the
case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses
who may have been examined and proceed to re-hear the case in the manner provided by
BNSS.
 No sentence of imprisonment for a term exceeding 3 months shall be passed in the case of
any conviction under Summary Trials.
 In every case tried summarily in which the accused does not plead guilty, the Magistrate shall
record the substance of the evidence and a judgment containing a brief statement of the
reasons for the finding. 92
 COMPOUNDING OF OFFENCES {SECTION 359 OF BNSS}
Compounding means settlement of offence committed by a
person. The settlement must be with the consent of the court
of law.
There may be the times when parties to a suit do not want to
continue further proceedings in the court and they want to
settle it out of the court amicably, then the compounding
comes into picture. In such case, future proceedings do not
take place in the court.
93
COMPOUNDABLE OFFENCE AND WHO CAN COMPOUND

SITUATION 1: CASE IS NOT PENDING IN

THE COURT
SITUATION 2: CASE IS PENDING IN THE
COURT {THEN WITH THE PERMISSION OF
THE CONCERNED COURT)
94
 SITUATION 1: CASE IS NOT PENDING IN THE COURT
Section of the BNS, 2023 Offence
applicable
115(2) Voluntarily causing hurt.
126(2), 127(2) Wrongfully restraining or
confining any person.
131,133,136 Assault or use of criminal
force.

303(2) Theft.

95
 SITUATION 2: CASE IS PENDING IN THE COURT {THEN WITH THE
PERMISSION OF THE CONCERNED COURT)
Section of the BNS, 2023 Offence
applicable
117(2) Voluntarily causing grievous hurt.

135 Assault or criminal force in

attempting wrongfully to confine a
person.
306 Theft, by clerk or servant of
property in possession of master.
316(2) Criminal breach of trust.

96
 BAIL {SECTION 478}
When any person other than a person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is brought
before a Court, and is prepared at any time while in the custody of such officer or at any
stage of the proceeding before such Court to give bail, such person shall be released on bail.
However, such officer or Court, if thinks fit, may, and shall, if such person is indigent and is
unable to furnish surety, instead of taking bail bond from such person, discharge him on his
executing a bond for his appearance.
Where a person is unable to give bail bond within a week of the date of his arrest, it shall be
a sufficient ground for the officer or the Court to presume that he is an indigent person for
the purposes above said.
Where a person has failed to comply with the conditions of the bond or bail bond as regards
the time and place of attendance, the Court may refuse to release him on bail, when on a
subsequent occasion in the same case he appears before the Court or is brought in custody
and any such refusal shall be without prejudice to the powers of the Court to call upon.
97
ANTICIPATORY BAILS {SECTION 482}
When any person has reason to believe that he may be arrested on an accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Session for a
direction; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be
released on bail.
When the High Court or the Court of Session makes a direction, it may include such conditions
in such directions in the light of the facts of the particular case, as it may think fit, including:
 a condition that the person shall make himself available for interrogation by a police officer
as and when required;
 a condition that the person shall not, directly or indirectly, make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer;
 a condition that the person shall not leave India without the previous permission of the
Court;
 such other condition as may think fit. 98
ANTICIPATORY BAILS {SECTION 482}
Nothing in Section 482 shall apply to any case involving the
arrest of any person on accusation of having committed an
offence under Section 65 (Rape Cases) and Section 70(2)
(Rape with minor) of the Bharatiya Nyaya Sanhita, 2023.
When any surety to a bail bond under BNSS becomes
insolvent or dies, the Court by whose order such bond was
taken, or a Magistrate of the first class may order the
person from whom such security was demanded to furnish
fresh security. 99
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
In general, there is no limitation of time in filing complaints
under BNSS but delay may hurdle the investigation.
The Limitation Act, 1963 provides the period of limitation
for appeal and revision applications. Therefore, chapter
XXXVIII has been introduced in BNSS prescribing limitation
period for taking cognizance of certain offences. (Sections
513 to 519).

100
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
According to section 514 of BNSS, except as otherwise provided in BNSS, no Court
shall take cognizance of an offence of the category specified below, after the expiry
of the period of limitation:
 6 months, if the offence is punishable with fine only;
 1 year, if the offence is punishable with imprisonment for a term not exceeding
one year;
 3 years, if the offence is punishable with imprisonment for a term exceeding
one year but not exceeding three years.
 the period of limitation, in relation to offences which may be tried together,
shall be determined with reference to the offence which is punishable with the
more severe punishment or, as the case may be, the most severe punishment.
101
 COMMENCEMENT OF THE PERIOD OF LIMITATION {SECTION 515}
The period of limitation, in relation to an offender, shall commence:
on the date of the offence; or
where the commission of the offence was not known to the person aggrieved by
the offence or to any police officer, the first day on which such offence comes to
the knowledge of such person or to any police officer, whichever is earlier; or
where it is not known by whom the offence was committed, the first day on which
the identity of the offender is known to the person aggrieved by the offence or to
the police officer making investigation into the offence, whichever is earlier.
Note: In computing the said period, the day from which such period is to be
computed shall be excluded.

102
EXCLUSION OF TIME IN CERTAIN CASES {SECTION 516}
The period during which another prosecution was diligently prosecuted (the prosecution
should relate to the same facts and is prosecuted in good faith);
The period of the continuance of the stay order or injunction (from the date of grant to the
date of withdrawal) granted against the institution of prosecution;
Where notice of prosecution has been given, the period of notice;
Where previous sanction or consent for the institution of any prosecution is necessary, the
period required for obtaining such consent or sanction including the date of application for
obtaining the sanction and the date of the receipt of the order;
The period during which the offender is absent from India or from territory outside India
under Central Govt. Administration; and
Period when the offender is absconding or concealing himself.
If limitation expires on a day when the Court is closed, cognizance can be taken on the day
the Court re-opens. 103
CONTINUING OFFENCES {SECTION 518}
Continuing offence means an offence which is committed for a very long period.
It is neither clearly defined in the Bhaartiya Nyaya Sanhita nor Bharatiya Nagarik Suraksha
Sanhita Whether the offence is continuing one or not, it clearly depends on its nature.
The offence which is happening and continuing again and again comes in the category of
continuing offence.
In the case of a continuing offence, a fresh period of limitation begins to run at every
moment during which the offence continues.
Case: Udai Shankar Awasthi V. State of U.P. (2013)
In this case the Supreme Court observed that the expression, ‘continuing offence’ has not
been defined in the Cr.P.C. because it is one of those expressions which does not have a fixed
connotation, and therefore, the formula of universal application cannot be formulated in this
respect.

104
OFFENCES AGAINST PROPERTY {SECTION 303 TO 334 OF BNS}

The Property is of two kinds i.e. movable

and immovable.
The offence which is committed in
regard to any kind of property whether
it is movable or immovable is punishable
under BNS. 105
TYPES OF OFFENCES AGAINST PROPERTY
THEFT (SECTION 303)
SNATCHING (SECTION 304)
EXTORTION (SECTION 308)
ROBBERY (SECTION 309)
DACOITY (SECTION 310)
CRIMINAL MISAPPROPRIATION OF PROPERTY (SECTION 314 AND
SECTION 315)
 Dishonest misappropriation of property
 Dishonest misappropriation of property possessed by deceased
person at the time of his death (Section 315) 106
TYPES OF OFFENCES AGAINST PROPERTY
CRIMINAL BREACH OF TRUST
RECEIVING STOLEN PROPERTY (SECTION 317)
CHEATING (SECTION 318 AND 319)
CHEATING BY PERSONATION (SECTION 319)
FRAUDULENT DEEDS AND DISPOSITIONS OF PROPERTY (SECTION 320 TO 323)
 Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors (Section 320)
 Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration (Section 322)
 Dishonest or fraudulent removal or concealment of property (Section 323)

107
 THEFT (SECTION 303)
Whoever, intending to take dishonestly any movable property out of
the possession of any person without that person’s consent, moves
that property in order to such taking, is said to commit theft.
The essentials elements of theft are:
 There should an intention to dishonestly take the property.
 The property should be movable property.
 The property should be taken out of the possession without that
person’s consent.
 The property should be moved in order to take that property.
108
SITUATIONS WHICH CONSTITUTE THEFT
Banshi cuts down a tree on Birju’s ground, with the intention of
dishonestly taking the tree out of Birju’s possession without Birju’s
consent. Here, as soon as Banshi has severed the tree in order to
such taking, he has committed theft.
Ramdeen puts a bait for dogs in his pocket, and thus induces Hariya’s
dog to follow it. Here, if Ramdeen’s intention be dishonestly to take
the dog out of Hariya’s possession without Hariya’s consent.
Ramdeen has committed theft as soon as Hariya’s dog has begun to
follow Ramdeen.
109
 PUNISHMENT FOR THEFT
Whoever commits theft shall be punished with imprisonment of either description for a term which
may extend to 3 years, or with fine, or with both and
In case of second or subsequent conviction of any person under this section, he shall be punished with
rigorous imprisonment for a term which shall not be less than 1 year but which may extend to 5 years
and with fine.
In cases of theft where the value of the stolen property is less than 5,000 rupees, and a person is
convicted for the first time, shall upon return of the value of property or restoration of the stolen
property, shall be punished with community service.
Theft in a dwelling house, or means of transportation or place of worship, etc.: shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable
to fine.
Theft by clerk or servant of property in possession of master: shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.
Theft after preparation made for causing death, hurt or restraint in order to committing of theft:
shall be punished with rigorous imprisonment for a term which may extend to 10 years, and shall 110
also
 SNATCHING (SECTION 304)
A new sub-offence from Theft has been defined in the BNS
“Snatching”.
Theft is snatching if, in order to commit theft, the offender
suddenly or quickly or forcibly seizes or secures or grabs or
takes away from any person or from his possession any
movable property.
Whoever commits snatching, shall be punished with
imprisonment for a term which may extend to 3 years, and
shall also be liable to fine.
111
 EXTORTION (SECTION 308)
Whoever intentionally puts any person in fear of any injury to
that person, or to any other, and thereby dishonestly induces
the person so put in fear to deliver to any person any property,
or valuable security or anything signed or sealed which may be
converted into a valuable security, commits extortion.
The essential elements of extortion are:
 There should be an intention to put any person in fear of any
injury.
 By that fear of injury, dishonestly induces the person so put in
fear to deliver any property, or valuable security or anything
112
 PUNISHMENT OF EXTORTION
Whoever commits extortion:
Imprisonment for a term which may extend to 7 years, or with fine, or with both.
Whoever, in order to the committing of extortion, puts any person in fear, or
attempts to put any person in fear, of any injury:
Imprisonment for a term which may extend to 2 years, or with fine, or with both.
Whoever, in order to the committing of extortion, puts or attempts to put any
person in fear of death or of grievous hurt to that person or to any other:
Imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine.
Whoever commits extortion by putting any person in fear of death or of grievous hurt
to that person or to any other:
Imprisonment for a term which may extend to 10 years, and shall also be liable to
113
PUNISHMENT OF EXTORTION
Whoever, in order to the committing of extortion, puts or attempts to put any person
in fear of an accusation, against that person or any other, of having committed, or
attempted to commit, an offence punishable with death or with imprisonment for
life, or with imprisonment for a term which may extend to ten years:
Imprisonment of either description for a term which may extend to 10 years, and shall
also be liable to fine.
Whoever commits extortion by putting any person in fear of an accusation against
that person or any other, of having committed or attempted to commit any offence
punishable with death, or with imprisonment for life, or with imprisonment for a
term which may extend to ten years, or of having attempted to induce any other
person to commit such offence:
Imprisonment for a term which may extend to 10 years, and shall also be liable to114
fine.
DISTINCTION BETWEEN EXTORTION AND THEFT
Extortion is done by wrongfully getting the
consent of the owner while there is no
present of consent in case of theft.
Both movable and immovable property may
be the subject of extortion whereas theft is
limited to movable property only because of
its nature.
115
DISTINCTION BETWEEN EXTORTION AND THEFT
Case: Jadunandan Singh V. Emperor, 1941
In this case the accused, along with others, assaulted two persons
and forcibly took their thumb impressions on three blank papers.
The court observed that the forcible taking of the victim’s thumb
impression does not necessarily involve inducing the victim to
deliver papers with thumb impressions.
Therefore, the offence of extortion is not established. It is not a
case of theft because papers were not taken from the victim’s
possession. It is a case of criminal force or assault.

116
 ROBBERY (SECTION 309)
In all robbery there is either theft or extortion.
Theft is robbery if, in order to the committing of the theft, or in committing
the theft, or in carrying away or attempting to carry away property obtained
by the theft, the offender, for that end voluntarily causes or attempts to
cause to any person death or hurt or wrongful restraint, or fear of instant
death or of instant hurt, or of instant wrongful restraint.
Extortion is robbery if the offender, at the time of committing the extortion,
is in the presence of the person put in fear, and commits the extortion by
putting that person in fear of instant death, of instant hurt, or of instant
wrongful restraint to that person or to some other person, and, by so
putting in fear, induces the person so put in fear then and there to deliver
up the thing extorted. 117
PUNISHMENT FOR ROBBERY
Whoever commits robbery shall be punished with rigorous imprisonment for a
term which may extend to 10 years, and shall also be liable to fine; and, if the
robbery be committed on the highway between sunset and sunrise, the
imprisonment may be extended to 14 years.
Whoever attempts to commit robbery shall be punished with rigorous
imprisonment for a term which may extend to 7 years, and shall also be liable to
fine.
If any person, in committing or in attempting to commit robbery, voluntarily causes
hurt, such person, and any other person jointly concerned in committing or
attempting to commit such robbery, shall be punished with imprisonment for life,
or with rigorous imprisonment for a term which may extend to 10 years, and shall
also be liable to fine.
118
 DACOITY (SECTION 310)
When five or more persons conjointly commit or attempt to commit a
robbery, or where the whole number of persons conjointly committing
or attempting to commit a robbery, and persons present and aiding
such commission or attempt, amount to five or more, every person so
committing, attempting or aiding, is said to commit dacoity.
The essentials elements of Dacoity are:
 There should be at least 5 persons by active participation or aiding.
 They will commit robbery or its attempt.
 Every person whether committing or aiding is said to commit
dacoity.
119
 DACOITY (SECTION 310)
Case: Emperor V. Lashkar (1921)
 In this case a gang of five dacoits, one of whom had a
gun, raided the house of X.
 After looting, while they were running away with their
booty, they shot down one villager.
 It was held that the murder committed by the dacoits
while carrying away the stolen property was murder
committed in the commission of dacoity, and every
offender was therefore liable for the murder.
120
 PUNISHMENT FOR DACOITY
Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
If any one of five or more persons, who are conjointly committing dacoity, commits murder
in so committing dacoity, every one of those persons shall be punished with death, or
imprisonment for life, or rigorous imprisonment for a term which shall not be less than 10
years, and shall also be liable to fine.
Whoever makes any preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Whoever is one of five or more persons assembled for the purpose of committing dacoity,
shall be punished with rigorous imprisonment for a term which may extend to 7 years, and
shall also be liable to fine.
Whoever belongs to a gang of persons associated for the purpose of habitually committing
dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
121
CRIMINAL MISAPPROPRIATION OF PROPERTY (SECTION 314
AND SECTION 315)
DISHONEST MISAPPROPRIATION OF
PROPERTY (SECTION 314)
DISHONEST MISAPPROPRIATION OF
PROPERTY POSSESSED BY DECEASED
PERSON AT THE TIME OF HIS DEATH
(SECTION 315)
122
 DISHONEST MISAPPROPRIATION OF PROPERTY
(SECTION 314)
The definition of criminal misappropriation has not been provided by the
provisions.
Essential ingredients of Dishonest Misappropriation of Property
 Dishonestly is an essential ingredient of the offence and BNS provides that
whoever does anything with the intention of causing wrongful gain to one
person or wrongful loss to another person, is said to do that ‘dishonestly’.
 Misappropriation means the intentional, illegal use of the property or funds of
another person for one’s own use or other unauthorized purpose.
 There are two things necessary before an offence under section 314 can be
established. Firstly, that the property must be misappropriated or converted to
the use of the accused, and, secondly, that he must misappropriate or convert it
dishonestly.
123
 DISHONEST MISAPPROPRIATION OF PROPERTY
(SECTION 314)
Whoever dishonestly misappropriates or converts to his own use any movable property, shall be
punished with imprisonment of for a term which shall not be less than 6 months but which may extend
to 2 years and with fine.
Examples 1:
Banshi takes property belonging to Birju out of Birju’s possession, in good faith believing at the time
when he takes it, that the property belongs to him. Banshi is not guilty of theft; but if Banshi, after
discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of dishonest
misappropriation of property.
Examples 2:
Jai finds a Government promissory note belonging to Biru, bearing a blank endorsement. Jai, knowing
that the note belongs to Biru, pledges it with a banker as a security for a loan, intending at a future time
to restore it to Biru. Jai has committed an offence of dishonest misappropriation of property.
Examples 3: Haria finds a rupee on the high road, not knowing to whom the rupee belongs, Haria picks
up the rupee. Here Haria has not committed the offence of dishonest misappropriation of property.

124
DISHONEST MISAPPROPRIATION OF PROPERTY POSSESSED BY
DECEASED PERSON AT THE TIME OF HIS DEATH (SECTION 315)
The offence under this section consists in the pillaging of property during the
interval which elapses between the time when the possessor of the property
dies, and the time when it comes into the possession of some person or officer
authorized to take charge of it.
Whoever dishonestly misappropriates or converts to his own use any property,
knowing that such property was in the possession of a deceased person at the
time of that person’s decease, and has not since been in the possession of any
person legally entitled to such possession, shall be punished with
imprisonment for a term which may extend to 3 years, and shall also be liable
to fine, and if the offender at the time of such person’s decease was employed
by him as a clerk or servant, the imprisonment may extend to seven years.
125
DISHONEST MISAPPROPRIATION OF PROPERTY POSSESSED BY
DECEASED PERSON AT THE TIME OF HIS DEATH (SECTION 315)
Examples:
Jai dies in possession of furniture and money. His
servant Ramdeen, before the money comes into the
possession of any person entitled to such possession
dishonestly misappropriates it. Ramdeen has
committed the offence under Section 315 (Dishonest
misappropriation of property possessed by deceased
person at the time of his death). 126
CRIMINAL BREACH OF TRUST (SECTION 316)
Whoever, being in any manner entrusted with property, or with any dominion over
property, dishonestly misappropriates or converts to his own use that property, or
dishonestly uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged, or of any legal
contract, express or implied, which he has made touching the discharge of such
trust, or wilfully suffers any other person so to do, commits criminal breach of
trust.
The gist of the offence of criminal breach of trust as defined under section 316 of
the Bharatiya Nyaya Sanhita, 2023 is ‘dishonest misappropriation’ or ‘conversion to
own use’, another person’s property.
Example: Non submission of Provident Fund/ESI etc. by the employer.

127
CRIMINAL BREACH OF TRUST (SECTION 316)
Case: Onkar Nath Mishra V. State (NCT of Delhi), 2008
 The Supreme Court has held that in the commission of
offence of criminal breach of trust, two distinct parts are
involved.
 The first consists of the creation an obligation in relation
to property over which dominion or control is acquired by
accused.
 The second is a misappropriation or dealing with property
dishonestly and contrary to the terms of the obligation
created. 128
ESSENTIAL INGREDIENTS OF CRIMINAL BREACH OF TRUST
The accused must be entrusted with the property or with
dominion over it,
The person so entrusted must use that property, or;
The accused must dishonestly use or dispose of that
property or wilfully suffer any other person to do so in
violation,
 of any direction of law prescribing the mode in which
such trust is to be discharged, or;
 of any legal contract made touching the discharge of such
trust. 129
EXAMPLES OF CRIMINAL BREACH OF TRUST
Banshi, being executor to the will of a deceased person, dishonestly
disobeys the law which directs him to divide the effects according to
the will, and appropriates them to his own use. Banshi has
committed criminal breach of trust.
Jai is a warehouse-keeper Biru going on a journey, entrusts his
furniture to Jai, under a contract that it shall be returned on payment
of a stipulated sum for warehouse room. Jai dishonestly sells the
goods. Jai has committed criminal breach of trust.

130
PUNISHMENTS FOR THE CRIMINAL BREACH OF TRUST
Whoever commits criminal breach of trust shall be punished with imprisonment for a term
which may extend to five years, or with fine, or with both.
Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits
criminal breach of trust in respect of such property, shall be punished with imprisonment for a
term which may extend to 7 years, and shall also be liable to fine.
Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner
entrusted in such capacity with property, or with any dominion over property, commits criminal
breach of trust in respect of that property, shall be punished with imprisonment for a term
which may extend to7 years, and shall also be liable to fine.
Whoever, being in any manner entrusted with property, or with any dominion over property in
his capacity of a public servant or in the way of his business as a banker, merchant, factor,
broker, attorney or agent commits criminal breach of trust in respect of that property, shall be
punished with imprisonment for life, or with imprisonment for a term which may extend to 10
years, and shall also be liable to fine.
131
RECEIVING STOLEN PROPERTY (SECTION 317)
Property, the possession whereof has been transferred by theft or extortion or
robbery or cheating, and property which has been criminally misappropriated or in
respect of which criminal breach of trust has been committed, is designated as
stolen property, whether the transfer has been made, or the misappropriation or
breach of trust has been committed, within or without India, but, if such property
subsequently comes into the possession of a person legally entitled to the
possession thereof, it then ceases to be stolen property.
Whoever dishonestly receives or retains any stolen property, knowing or having
reason to believe the same to be stolen property, shall be punished with
imprisonment for a term which may extend to 3 years, or with fine, or with both.

132
RECEIVING STOLEN PROPERTY (SECTION 317)
Whoever dishonestly receives or retains any stolen property, the possession whereof he
knows or has reason to believe to have been transferred by the commission of dacoity, or
dishonestly receives from a person, whom he knows or has reason to believe to belong or to
have belonged to a gang of dacoits, property which he knows or has reason to believe to
have been stolen, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to 10 years, and shall also be liable to fine.
Whoever habitually receives or deals in property which he knows or has reason to believe to
be stolen property, shall be punished with imprisonment for life, or with imprisonment for a
term which may extend to 10 years, and shall also be liable to fine.
Whoever voluntarily assists in concealing or disposing of or making away with property
which he knows or has reason to believe to be stolen property, shall be punished with
imprisonment for a term which may extend to 3 years, or with fine, or with both.
133
CHEATING (SECTION 318 AND 319)
In most of the offences relating to
property the accused merely get
possession of thing in question, but in
case of cheating he obtains possession
as well as the property in it.
134
 CHEATING (SECTION 318)
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so
deceived to deliver any property to any person, or to consent that any person shall retain
any property, or intentionally induces the person so deceived to do or omit to do anything
which he would not do or omit if he were not so deceived, and which act or omission causes
or is likely to cause damage or harm to that person in body, mind, reputation or property, is
said to cheat.
A dishonest concealment of facts is a deception within the meaning of this section.
Example1: A, by putting a counterfeit mark on an article, intentionally deceives Z into a
belief that this article was made by a certain celebrated manufacturer, and thus dishonestly
induces Z to buy and pay for the article. A cheats.
Example2: A, by exhibiting to Z a false sample of an article intentionally deceives Z into
believing that the article corresponds with the sample, and thereby dishonestly induces Z to
buy and pay for the article. A cheats. 135
 CHEATING (SECTION 318)
Whoever cheats shall be punished with imprisonment of either description for a
term which may extend to 3 years, or with fine, or with both.
Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss
to a person whose interest in the transaction to which the cheating relates, he was
bound, either by law, or by a legal contract, to protect, shall be punished with
imprisonment of for a term which may extend to 5 years, or with fine, or with
both.
Whoever cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or any part of a
valuable security, or anything which is signed or sealed, and which is capable of
being converted into a valuable security, shall be punished with imprisonment for a
136
term which may extend to 7 years, and shall also be liable to fine.
MAIN INGREDIENTS OF CHEATING
Deception of any person.
Fraudulently or dishonestly inducing that person:
 to deliver any property to any person; or
 to consent that any person shall retain any property; or
Intentionally inducing that person to do or omit to do anything which he would not
do or omit if he were not so deceived, and which act or omission causes or is likely
to cause damage or harm to that person in body, mind, reputation or property.
Case: Iridium India Telecom Ltd. V. Motorola Incorporated and Ors. (2005)
In this case the Supreme Court has held that deception is necessary ingredient.
Complainant must prove that inducement has been caused by deception exercised
by the accused. Non-disclosure of relevant information would also be treated a
misrepresentation of facts leading to deception. 137
CHEATING BY PERSONATION (SECTION 319)
A person is said to cheat by personation if he cheats by pretending to be some other
person, or by knowingly substituting one person for or another, or representing that he
or any other person is a person other than he or such other person really is.
The offence is committed whether the individual personated is a real or imaginary
person.
Whoever cheats by personation shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.
Examples:
 A cheats by pretending to be a certain rich banker of the same name. A cheats by
personation.
 A cheats by pretending to be B, a person who is deceased. A cheats by personation.

138
FRAUDULENT DEEDS AND DISPOSITIONS OF PROPERTY
(SECTION 320 TO 323)
Dishonest or fraudulent removal or concealment of property to
prevent distribution among creditors (Section 320)
Dishonestly or fraudulently preventing debt being available for
creditors (Section 321)
Dishonest or fraudulent execution of deed of transfer containing
false statement of consideration (Section 322)
Dishonest or fraudulent removal or concealment of property
(Section 323)
139
DISHONEST OR FRAUDULENT REMOVAL OR CONCEALMENT OF PROPERTY TO PREVENT
DISTRIBUTION AMONG CREDITORS (SECTION 320)
Case: Ramautar Chaukhany V. Hari Ram Todi & Anr, 1982
In this case Guwahati High Court held that an offence under Section 320 has following essential
ingredients:
 That the accused removed, concealed or delivered the property or that he transferred, it
caused it to be transferred to someone;
 That such a transfer was without adequate consideration;
 That the accused thereby intended to prevent or knew that he was thereby likely to prevent
the distribution of that property according to law among his creditors or creditors of another
person;
 That he acted dishonestly and fraudulently. This section specifically refers to frauds
connected with insolvency. The offence under it consists in a dishonest disposition of
property with intent to cause wrongful loss to the creditors. It applies to movable as well as
immovable properties. In view of this section, the property of a debtor cannot be distributed
according to law except after the provisions of the relevant enactments have been complied
with. 140
DISHONEST OR FRAUDULENT REMOVAL OR CONCEALMENT OF PROPERTY TO PREVENT
DISTRIBUTION AMONG CREDITORS (SECTION 320)
Whoever dishonestly or fraudulently removes, conceals or delivers to any person,
or transfers or causes to be transferred to any person, without adequate
consideration, any property, intending thereby to prevent, or knowing it to be likely
that he will thereby prevent, the distribution of that property according to law
among his creditors or the creditors of any other person, shall be punished with
imprisonment for a term which shall not be less than 6 months but which may
extend to 2 years, or with fine, or with both.
Example: A is the Debtor and B is the creditor. A has to pay INR 1 crore to B. Now, A
has certain movable and immovable property. A does not wants to pay back INR 1
crore to B. For that, A transferred the properties to X just to prevent the
distribution of his properties to B. A is liable under section 320.
141
DISHONESTLY OR FRAUDULENTLY PREVENTING DEBT BEING
AVAILABLE FOR CREDITORS (SECTION 321)
Whoever dishonestly or fraudulently prevents any debt or demand due to
himself or to any other person from being made available according to law
for payment of his debts or the debts of such other person shall be
punished with imprisonment for a term which may extend to 2 years, or
with fine, or with both.
The expression ‘debt’ has not been defined in the BNS or in the General
Clauses Act but there are judicial pronouncements on the same.
The expression ‘debt’ has not been defined in the BNS or in the General
Clauses Act but there are judicial pronouncements on the same.

142
 DISHONESTLY OR FRAUDULENTLY PREVENTING DEBT BEING
AVAILABLE FOR CREDITORS (SECTION 321)
Case: Commissioner of Wealth Tax V. G.D. Naidu, 1966
In this case it was held that the essential requisites of debt are-
 ascertained or ascertainable,
 an absolute liability, in present or future, and
 an obligation which has already accrued and is subsisting. All debts are liabilities
but all liabilities are not debt.
Example: A is the Debtor and B is the creditor. A has to pay Rs. 1 crore to B. But A do
not have any money. But X, a person, who has to pay INR 1 crore to A. If X pays back
his money to A, A can pay back that money to B. But A does not want to make the
payment to B and informs X not to pay any amount to B. This is clearly a fraudulent
intention and A is liable under section 321.
143
 DISHONEST OR FRAUDULENT EXECUTION OF DEED OF TRANSFER
CONTAINING FALSE STATEMENT OF CONSIDERATION (SECTION 322)
Whoever dishonestly or fraudulently signs, executes or becomes a party to
any deed or instrument which purports to transfer or subject to any charge
any property, or any interest therein, and which contains any false
statement relating to the consideration for such transfer or charge, or
relating to the person or persons for whose use or benefit it is really
intended to operate, shall be punished with imprisonment for a term which
may extend to 3 years, or with fine, or with both.
Example: While making agreement of lease, the actual amount should be
entered is INR 5 crore but parties made the lease agreement for only INR 4
crore just to avoid stamp duty and other taxes. The parties are liable under
Section 322. 144
OFFENCES RELATING TO DOCUMENTS AND PROPERTY MARKS

Forgery
Offences relating to Property
Mark

145
 FORGERY (SECTION 336)
Whoever makes any false document or false electronic record or part of a document or
electronic record, with intent to cause damage or injury, to the public or to any person, or to
support any claim or title, or to cause any person to part with property, or to enter into any
express or implied contract, or with intent to commit fraud or that fraud may be committed,
commits forgery.
Case: Ramchandran V. State, 2010
In this case the Supreme Court has held that to constitute an offence of forgery document
must be made with dishonest or fraudulent intention. A person is said to do a thing
fraudulently if he does that thing with intent to defraud but not otherwise.
Case: Parminder Kaur V. State of UP
In this case the Supreme Court has held that mere alteration of document does not make it a
forged document. Alteration must be made for some gain or for some objective.
146
 PUNISHMENT FOR FORGERY
Whoever commits forgery:
Shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Whoever commits forgery, intending that the document or electronic record
forged shall be used for the purpose of cheating:
Shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Whoever commits forgery, intending that the document or electronic record
forged shall harm the reputation of any party, or knowing that it is likely to be
used for that purpose:
Shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

147
OFFENCES RELATING TO PROPERTY MARK (SECTION 345)
A mark used for denoting that movable property belongs to a particular person is
called a property mark.
Whoever marks any movable property or goods or any case, package or other
receptacle containing movable property or goods, or uses any case, package or
other receptacle having any mark thereon, in a manner reasonably calculated to
cause it to be believed that the property or goods so marked, or any property or
goods contained in any such receptacle so marked, belong to a person to whom
they do not belong, is said to use a false property mark.
Whoever uses any false property mark shall, unless he proves that he acted
without intent to defraud, be punished with imprisonment for a term which may
extend to 1 year, or with fine, or with both.

148
DEFAMATION (SECTION 356)
Whoever, by words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes in any manner, any imputation concerning any
person intending to harm, or knowing or having reason to believe that such
imputation will harm, the reputation of such person, is said, except in the cases
hereinafter excepted, to defame that person.
It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
An imputation in the form of an alternative or expressed ironically, may amount to
defamation. 149
 DEFAMATION (SECTION 356)
No imputation is said to harm a person’s reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character
of that person, or lowers the character of that person in respect of his caste or of
his calling, or lowers the credit of that person, or causes it to be believed that the
body of that person is in a loathsome state, or in a state generally considered as
disgraceful.
Case: Sankaran V. Ramkrishna Pillai, 1960
In this case it was held that the defamatory matter was printed in Malayalam and the
accused did not know the language, his mens rea was absent and he was not guilty.

150
 KINDS OF DEFAMATION
LIBEL: In libel, the defamatory statement is made in some
permanent and visible form, such as writing, printing or
pictures.
SLANDER: In slander it is made in spoken words or in some
other transitory form, whether visible or audible, such as
gestures or inarticulate but significant sounds.
The publication of defamatory matter means that it is
communicated to some person other than the person
about whom it is addressed.
151
PUNISHMENT FOR DEFAMATION
Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with
fine, or with both, or with community service.
Whoever prints or engraves any matter, knowing or having good
reason to believe that such matter is defamatory of any person, shall
be punished with simple imprisonment for a term which may extend
to two years, or with fine, or with both.
Whoever sells or offers for sale any printed or engraved substance
containing defamatory matter, knowing that it contains such matter,
shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
152
EXCEPTION OF DEFAMATION
Exception 1:
It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the
imputation should be made or published. Whether or not it is
for the public good is a question of fact.
Exception 2:
It is not defamation to express in good faith any opinion
whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his character,
so far as his character appears in that conduct, and no further.
153
 EXCEPTION OF DEFAMATION
Exception 3:
It is not defamation to express in good faith any opinion
whatever respecting the conduct of any person touching any
public question, and respecting his character, so far as his
character appears in that conduct, and no further.
Exception 4:
It is not defamation to publish substantially true report of the
proceedings of a Court, or of the result of any such
proceedings.
154
 EXCEPTION OF DEFAMATION
Exception 5:
It is not defamation to express in good faith any opinion whatever
respecting the merits of any case, civil or criminal, which has been
decided by a Court, or respecting the conduct of any person as a party,
witness or agent, in any such case, or respecting the character of such
person, as far as his character appears in that conduct, and no further.
Exception 6:
It is not defamation to express in good faith any opinion respecting the
merits of any performance which its author has submitted to the
judgment of the public, or respecting the character of the author so
far as his character appears in such performance, and no further. 155
 EXCEPTION OF DEFAMATION
Exception 7
It is not defamation in a person having over another any
authority, either conferred by law or arising out of a lawful
contract made with that other, to pass in good faith any censure
on the conduct of that other in matters to which such lawful
authority relates.
Exception 8:
It is not defamation to prefer in good faith an accusation against
any person to any of those who have lawful authority over that
person with respect to the subject-matter of accusation. 156
 EXCEPTION OF DEFAMATION
Exception 9:
It is not defamation to make an imputation on the character of
another provided that the imputation is 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.
Exception 10:
It is not defamation to convey a caution, in good faith, to one
person against another, provided that such caution is intended
for the good of the person to whom it is conveyed, or of some
person in whom that person is interested, or for the public good.
157
LIST OF GENERAL EXCEPTIONS/ DEFENCES
Act done by a person bound, or by mistake of fact believing himself bound, by law
Act of Judge when acting judicially
Act done pursuant to judgment or order of Court
Act done by a person justified, or by mistake of fact believing himself justified, by law
Accident in doing a lawful act
Act likely to cause harm, but done without criminal intent, and to prevent other harm
Act of a child under seven years of age
Act of a child above seven and under twelve years of age of immature understanding
Act of a person of unsound mind
Act of a person incapable of judgment by reason of intoxication caused against his will
Offence requiring a particular intent or knowledge committed by one who is intoxicated
Act not intended and not known to be likely to cause death or grievous hurt, done by
consent 158
LIST OF GENERAL EXCEPTIONS/ DEFENCES
Act not intended to cause death, done by consent in good faith for
person’s benefit
Act done in good faith for benefit of child or person of unsound mind,
by, or by consent of guardian
Consent known to be given under fear or misconception
Exclusion of acts which are offences independently of harm caused
Act done in good faith for benefit of a person without consent
Communication made in good faith
Act to which a person is compelled by threats
Act causing slight harm 159
 RIGHT OF PRIVATE DEFENCE
Things done in private defence
Right of private defence of body and of property
Right of private defence against act of a person of unsound mind, etc.
Acts against which there is no right of private defence
When right of private defence of body extends to causing death
When such right extends to causing any harm other than death
Commencement and continuance of right of private defence of body
When right of private defence of property extends to causing death
When such right extends to causing any harm other than death
Commencement and continuance of right of private defence of property
Right of private defence against deadly assault when there is risk of harm to
innocent person 160
161