Brief Summary
This video provides a comprehensive overview of the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the Indian Penal Code (IPC). It covers the historical context of the IPC, the changes introduced in the BNS, and a detailed classification of the BNS chapters and sections. The lecture also discusses key legal concepts such as mens rea, actus reus, and the right to private defense, with relevant case laws and examples.
- The BNS 2023 has 20 chapters and 358 sections, replacing the IPC 1860 which had 23 chapters and 511 sections.
- Key changes include the addition of new offenses like mob lynching, organized crime, and terrorism, as well as community service as a form of punishment.
- The video emphasizes the importance of understanding the classification of offenses and the general exceptions under the BNS.
Introduction to BNS 2023
The lecture introduces the Bharatiya Nyaya Sanhita (BNS) 2023, the new Indian Judicial Code that replaces the Indian Penal Code (IPC). It mentions that there are three new criminal laws: BNS, Bharatiya Nagarik Suraksha Adhiniyam (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). The video aims to provide a complete overview of the BNS, covering all 20 chapters and 358 sections, focusing on the preliminary aspects relevant for exams such as judiciary and NET. It highlights that while the core content remains similar to the IPC, the arrangement of sections and some punishments have been modified.
Historical Context of IPC 1860
The chapter discusses the historical background of the IPC 1860, noting it was drafted by the First Law Commission established through the Charter Act of 1833. Thomas Babington Macaulay, also known as Lord Macaulay, was the chairman of the commission, which included three other members: Mr. Alderson, Mr. Millet, and Mr. McLeod. The draft was completed in 1835, but it was enforced on January 1, 1862, following the Revolt of 1857. The IPC was applicable across British colonial states, including Bangladesh and Sri Lanka.
Amendments and Replacement of IPC
The chapter explains that after independence, the IPC remained largely the same, with amendments made as needed. The most recent amendment was the Criminal Law Amendment Act 2018, enforced on April 21, 2018. Initially, the IPC did not apply to Jammu and Kashmir, where the Ranbir Penal Code was in effect until October 31, 2019. In 2023, the BNS was enacted, repealing the IPC. Section 358 of the BNS states that it will come into effect once the BNS is enforced.
Key Details of BNS 2023
The chapter provides specific details about the BNS 2023, noting that it replaces the IPC 1860. The act number is 45 of 2023, and it received President Draupadi Murmu's assent on December 25, 2023. The enforcement date is July 1, 2024, except for Section 106(2), which was delayed due to public concerns, particularly from truck drivers, regarding hit-and-run provisions. The BNS includes 20 chapters and 358 sections, a reduction from the IPC's 23 chapters and 511 sections.
New Offenses and Changes in BNS
The chapter discusses the new offenses added in the BNS, including promising to marry without intent, mob lynching, organized crime, and terrorism. Community service has also been introduced as a form of punishment. The presenter notes that the sections have been reduced by consolidating definitions into Section 2 and removing obsolete sections.
Classification of BNS Chapters
The chapter classifies the BNS into 20 chapters, outlining the structure and content of each. Chapter 1 covers preliminary matters, Chapter 2 deals with punishments, Chapter 3 covers general exceptions, and Chapter 4 includes abatement, criminal conspiracy, and attempts. Subsequent chapters address offenses against women and children, offenses against the human body, offenses against the state, offenses related to the army and navy, offenses related to elections, offenses related to coin and currency, public tranquility, offenses by and against public servants, contempt of lawful authority, giving false evidence, offenses related to public health and safety, offenses against religion, offenses against property, offenses related to documents, and criminal intimidation and defamation. The final chapter, 20, deals with repeal and savings.
Detailed Breakdown of BNS Sections
The chapter provides a detailed breakdown of the sections within each chapter, starting with Section 1 (plenary) and moving through each chapter's specific sections. It covers the range of sections for offenses against women (63-99), offenses against the human body (100-146), offenses against the state (147-158), and so on. The presenter offers memory aids and tricks to remember the chapter classifications and their corresponding sections.
Memorization Techniques for BNS Chapters
The chapter focuses on how to memorize the BNS chapters, providing memory aids for each. It suggests associating Chapter 5 (Offenses Against Women and Children) with the need to address these issues, Chapter 7 (Offenses Against the State) with the importance of state security, and so on. The presenter also links chapter numbers to real-life concepts, such as associating the number 15 with fitness and health for Chapter 15 (Public Health & Safety).
Section 1: Title, Enforcement, and Application
The chapter begins a detailed review of the BNS, starting with Section 1, which covers the short title, commencement, and application of the code. It notes that the BNS is called the Bharatiya Nyaya Sanhita 2023, received presidential assent on December 25, 2023, and came into force on July 1, 2024, except for Section 106(2). The section applies to the whole of India, and every person is liable to be punished under this code for any act or omission contrary to its provisions.
Key Subsections of Section 1 and Case Laws
The chapter explains key subsections of Section 1, including the liability of individuals for offenses committed within India and the application of the code to offenses committed beyond India. It references the case of Mubarak Ali Ahmed vs. State of Bombay, emphasizing that "every person" includes both citizens and non-citizens of India. It also discusses extra-territorial jurisdiction, citing the Enrica Lexie case (Italian Marine Case) as an example.
Extra-Territorial Jurisdiction and Section 1(5)
The chapter continues the discussion on extra-territorial jurisdiction under Section 1(5), explaining that the code applies to any citizen of India in any place without and beyond India, any person on any ship or aircraft registered in India, and any person committing offenses targeting a computer resource located in India. It references the Enrica Lexie case (Italian Marine Case) to illustrate the application of these principles.
Section 1(6) and Section 2: Definitions
The chapter covers Section 1(6), which states that the code does not affect the provisions of any act for punishing mutiny or any special and local laws. It then transitions to Section 2, which includes definitions of various terms used in the code. This section consolidates definitions previously scattered throughout the IPC into a single section, arranged alphabetically.
Detailed Analysis of Definitions in Section 2
The chapter provides a detailed analysis of the definitions in Section 2, explaining terms such as "act," "animal," "child," "counterfeit," and "court." It notes that the definition of "child" is newly added in the BNS. The chapter also highlights that the definition of "gender" now includes transgenders, a new addition compared to the IPC.
More Definitions: Good Faith, Government, Harbour, Injury
The chapter continues with more definitions from Section 2, including "good faith," "government," "harbour," and "injury." It references the case of Nalani Versus State Of Tamil Nadu regarding the definition of "harbour," noting that a wife is generally not liable for harboring her husband unless she actively helps him evade justice. The definition of "injury" includes harm to body, mind, property, and reputation.
Definitions: Illegal, Judge, Life, Local Law, Man, Month and Year
The chapter continues with definitions of "illegal," "judge," "life," "local law," "man," and "month and year." It emphasizes that "man" refers to a man of any age. The definition of "month and year" follows the Gregorian calendar.
Definitions: Movable Property, Number, Oath, Offence, Omission, Person
The chapter continues with definitions of "movable property," "number," "oath," "offence," and "omission." It explains that "person" includes any company, association, or body of individuals, whether incorporated or not.
Definitions: Public, Public Servant, Reason to Believe, Special Law, Valuable Security
The chapter continues with definitions of "public," "public servant," "reason to believe," "special law," and "valuable security." It references the cases of A R Antulay Vs R S Nayak and M Karana Nidhi vs Union of India regarding the definition of "public servant."
Definitions: Vessel, Wallet, Will, Woman, Wrongful Gain and Loss
The chapter concludes the definitions in Section 2 with "vessel," "wallet," "will," and "woman." It references the case of Tukaram Versis No, emphasizing that "woman" means a woman of any age. It also defines "wrongful gain" and "wrongful loss."
Section 3: General Explanations - Part 1
The chapter begins a detailed explanation of Section 3, which covers general explanations. It notes that Section 3 includes nine subsections and explains that any definition, illustration, or provision in the code is subject to the general exceptions.
Section 3: General Explanations - Part 2
The chapter continues explaining Section 3, noting that expressions used throughout the code have the same meaning as defined in Section 2. It also covers the presumption that a spouse's property is under the other spouse's control and that words referring to an act also include illegal omissions.
Section 3(5): Common Intention (Section 34 of IPC)
The chapter focuses on Section 3(5), which is equivalent to Section 34 of the IPC and deals with common intention. It explains that when a criminal act is done by several persons in furtherance of the common intention of all, each person is liable for that act as if it were done by them alone.
Case Laws on Common Intention
The chapter discusses important case laws related to common intention, including Mehboob Shah Versus Emperor (Indus Valley Case), Virendra Kumar Ghosh vs Emperor (Post Office Case), and Rishidev Pandey Vs State of UP. These cases clarify the requirements for proving common intention, such as prior meeting of minds and pre-arranged plans.
Section 3(6) and 3(7): Criminal Knowledge and Act-Omission
The chapter explains Section 3(6), which states that if an act is criminal only because it is done with criminal knowledge and intent, only those with such knowledge and intent are liable. Section 3(7) states that if an offense is caused partly by an act and partly by an omission, both the actor and the omitter are liable.
Section 3(8) and 3(9): Intentional Cooperation and Different Offences
The chapter explains Section 3(8), which states that if someone intentionally cooperates in committing an offense, they are equally liable. It uses an illustration of two jailers conspiring to starve a prisoner to death. Section 3(9) states that if several persons are engaged in a criminal act, they may be guilty of different offenses based on their individual roles.
Chapter 2: Punishments - Types of Punishments
The chapter transitions to Chapter 2, which deals with punishments. It outlines the types of punishments that can be imposed under the BNS, including death, life imprisonment, imprisonment (simple and rigorous), forfeiture of property, fine, and community service.
Details on Types of Punishments: Death, Life Imprisonment, Imprisonment
The chapter provides details on each type of punishment. It notes that death is the most severe punishment, followed by life imprisonment. Imprisonment can be simple or rigorous, with rigorous imprisonment involving hard labor. Forfeiture of property and fines are also discussed.
Community Service and Removal of Transportation
The chapter discusses community service as a newly added form of punishment, noting that guidelines for its implementation are still forthcoming. It also mentions the historical punishment of transportation (Kala Pani), which was removed in 1955.
Sections Where Death Penalty Can Be Awarded
The chapter lists sections where the death penalty can be awarded, including offenses against women (Sections 65, 66, 70, 71), offenses against the human body (Sections 103, 104, 107, 113), waging war against the government of India (Section 147), mutiny (Section 160), and robbery with murder (Section 310).
Life Imprisonment and Other Imprisonments
The chapter discusses life imprisonment, noting that it means imprisonment for the remainder of one's life, as clarified in the cases of Gopal Vinayak Godse vs State and Govind Gokhale versus State of Maharashtra. It also explains that imprisonment can be simple or rigorous, depending on the nature of the offense.
Fine and Community Service
The chapter explains forfeiture of property and fines. It also discusses community service, noting that guidelines for its implementation are still forthcoming.
Commutation of Sentence and Fraction of Terms
The chapter discusses commutation of sentences, noting that it is now covered under CrPC Section 474. It also explains Section 6, which deals with the fraction of terms of punishment, stating that life imprisonment is considered equivalent to 20 years for calculating fractions.
Sentence May Be Partly Rigorous and Partly Simple
The chapter explains that Section 7 allows a court to order a sentence that is partly rigorous and partly simple.
Amount of Fine and Liability in Default of Payment
The chapter discusses Section 8, which covers the amount of fine and liability in default of payment. It notes that if the amount of the fine is not specified, it is unlimited but should not be excessive. It also explains that if a fine is not paid, the offender may be imprisoned, but the imprisonment cannot exceed one-fourth of the maximum term for the offense.
Fine and Community Service
The chapter explains that if the punishment for an offense is only a fine or community service, the imprisonment for non-payment cannot exceed two months if the fine is up to ₹5000, four months if the fine is up to ₹10,000, and one year in any other case.
Proportionate Deduction of Imprisonment and Fine
The chapter explains that if an offender pays a portion of the fine, the imprisonment is reduced proportionately. It also notes that any fine imposed can be recovered within six years of the sentence, even after the offender's death, from their property.
Limit of Punishment of Offence Made Up of Several Offences
The chapter discusses Section 9, which is similar to Section 71 of the IPC and deals with the limit of punishment for offenses made up of several offenses. It explains that if a single act constitutes multiple offenses, the offender will be punished for only one of them.
Punishment of Person Guilty of Several Offences
The chapter explains Section 10, which states that if a person is guilty of several offenses but it is doubtful which offense they committed, they will be punished for the offense with the lowest punishment.
Solitary Confinement
The chapter discusses solitary confinement, noting that it can only be imposed if the sentence includes rigorous imprisonment. The maximum period for solitary confinement is three months.
Limitation of Solitary Confinement
The chapter explains Section 12, which limits solitary confinement to a maximum of 14 days at a time, with intervals between periods of solitary confinement. If the total imprisonment exceeds three months, the solitary confinement cannot exceed seven days in a month.
Enhancement of Punishment in Case of Previous Conviction
The chapter discusses Section 13, which deals with the enhancement of punishment for certain offenses after a previous conviction. It notes that this applies to offenses under Chapter 10 (related to coin and currency) and Chapter 17 (offenses against property). If someone is convicted of such an offense and then commits it again, they may be sentenced to life imprisonment or up to 10 years.
Chapter 3: General Exceptions - Introduction
The chapter transitions to Chapter 3, which covers general exceptions. It emphasizes that these exceptions apply to all laws, including special laws, local laws, and the IPC.
Actus Reus and Mens Rea
The chapter explains the concepts of actus reus (the physical act of committing a crime) and mens rea (the guilty mind). It notes that for an act to be considered a crime, both actus reus and mens rea must be present. It also discusses the maxim "actus non facit reum nisi mens sit rea," which means an act does not make a man guilty unless his mind is also guilty.
Exceptions to Mens Rea
The chapter discusses exceptions to the requirement of mens rea, including public nuisance, defamation, contempt of court, wagering, sedition, kidnapping, abduction, counterfeiting, and strict liability offenses. It references the case of Seraj Vs Du Ridder, which states that mens rea is presumed in every statute unless the contrary is shown.
Mistake of Fact and Mistake of Law
The chapter discusses the difference between mistake of fact and mistake of law, noting that mistake of fact can be a valid defense, while mistake of law is not. It explains Section 14, which covers acts done by a person bound by law due to a mistake of fact, and Section 17, which covers acts justified by law due to a mistake of fact.
Section 14 and 17: Illustrations and Case Laws
The chapter provides illustrations for Sections 14 and 17, such as a soldier firing on a mob under orders and an officer arresting the wrong person due to a mistake of fact. It also references case laws such as R vs. Tolson, Quine vs, and Queen vs Prince.
Section 15 and 16: Act of Judge and Act Done Pursuant to Order of Court
The chapter discusses Section 15, which protects judges from liability for acts done in their judicial capacity, and Section 16, which protects individuals acting under the judgment or order of a court, such as a hangman.
Section 18: Accident in Doing a Lawful Act
The chapter explains Section 18, which covers accidents in doing a lawful act. It notes that if an accident occurs without criminal intent or knowledge while performing a lawful act in a lawful manner with due care and caution, the person is not liable.
Section 19: Necessity
The chapter discusses Section 19, which covers necessity. It explains that an act done to prevent other harm is not an offense, even if it causes harm, provided it is done without criminal intent. It references the maxim "necessitas non habet legem" (necessity knows no law) and the case of Queen Versus Dudley and Stephen.
Doli Incapax and Doli Capax
The chapter discusses the concepts of doli incapax (incapable of crime) and doli capax (capable of crime). Section 20 states that a child under seven years of age is doli incapax and cannot commit an offense. Section 21 states that a child between seven and twelve years of age is judged based on their maturity level.
Section 22: Unsoundness of Mind
The chapter explains Section 22, which covers unsoundness of mind. It notes that an act done by a person of unsound mind is not an offense if they are incapable of knowing the nature of the act or that it is wrong. It references the maxim "furiosus furore solum punitur" (a madman is punished by his madness alone) and discusses tests for insanity, including the M'Naghten Rule.
Intoxication
The chapter discusses intoxication, noting that Sections 23 and 24 cover acts done by a person incapable of judgment due to involuntary intoxication. It references the cases of Reiniger vs Fogo, Director of Public Prosecution Versus Beard, and Vasudev Versus State Of Pepsu.
Consent
The chapter discusses consent, noting that Section 25 covers acts not intended to cause death or grievous hurt done with consent. It explains that for consent to be valid, the person giving consent must be above 18 years of age and not under fear or misconception.
Act Done in Good Faith for Benefit of Person Without Consent
The chapter discusses Section 30, which covers acts done in good faith for the benefit of a person without consent, such as in emergency medical situations. It emphasizes the importance of acting in good faith and for the person's benefit.
Communication Made in Good Faith
The chapter discusses Section 31, which protects individuals who make communications in good faith, even if those communications cause harm.
Act Causing Slight Harm
The chapter discusses Section 33, which covers acts causing slight harm. It references the maxim "de minimis non curat lex" (the law does not concern itself with trifles), explaining that the law does not take action on small matters.
Right of Private Defence
The chapter discusses the right of private defense, noting that Section 34 recognizes this right. It explains that the right of private defense is recognized because the state cannot provide protection at all times.
Right of Private Defence of the Body and Property
The chapter explains Section 35, which states that every person has the right to defend their own body and the body of any other person, as well as their own property and the property of any other person.
Right of Private Defence Against Act of Unsound Mind and Minor
The chapter explains Section 36, which states that every person has the same right of private defense against the act of a person of unsound mind or a minor as they would have if the act were an offense.
Act Against Which There Is No Right of Private Defence
The chapter explains Section 37, which outlines situations in which there is no right of private defense, such as against a public servant acting in good faith, against an act done by the direction of an authority, or when there is time to have recourse to the protection of public authorities.
Right of Private Defence of Body Extends to Causing Death
The chapter explains Section 38, which outlines the circumstances under which the right of private defense of the body extends to causing death. These circumstances include when there is a reasonable apprehension of death or grievous hurt.
Right of Private Defence of Property Extends to Causing Death
The chapter explains Section 41, which outlines the circumstances under which the right of private defense of property extends to causing death. These circumstances include robbery, house-breaking by night, mischief by fire, and theft, mischief, or house-trespass where there is an apprehension of death or grievous hurt.
Commencement and Continuation of Right of Private Defence of Property
The chapter explains Section 43, which covers the commencement and continuation of the right of private defense of property.
Right of Private Defence Against Deadly Assault When There Is Risk of Harm to Innocent Person
The chapter explains Section 44, which states that the right of private defense against a deadly assault exists even when there is a risk of harm to an innocent person.
Chapter 4: Abetment, Criminal Conspiracy, and Attempt - Introduction
The chapter transitions to Chapter 4, which combines abetment, criminal conspiracy, and attempt into a single chapter. It outlines the sections covered in this chapter: Abetment (Sections 45-60), Criminal Conspiracy (Section 61), and Attempt (Section 62).
Abetment
The chapter begins a detailed explanation of Abetment, noting that Section 45 defines abetment as instigation, conspiracy, or intentional aid.
Abettor
The chapter explains Section 46, which defines who is an abettor. It notes that there are five explanations to this section.
Abetment in India of Offences Outside India
The chapter explains Section 47, which covers abetment in India of offenses committed outside India.
Abetment Outside India to Commit Offence in India
The chapter explains Section 48, which covers abetment outside India to commit an offense in India.
Punishment for Abetment
The chapter explains Section 49, which states that if there is no express provision for the punishment of abetment, the abettor will be punished with the punishment provided for the offense abetted.
Punishment of Abetment When Act Abetted Is Committed With Different Intention
The chapter explains Section 50, which states that if the person abetted commits an act with a different intention from that of the abettor, the abettor will be punished for the offense that would have been committed if the act had been done with the abettor's intention.
Liability of Abettor When One Act Is Abetted and Different Act Is Done
The chapter explains Section 51, which states that if one act is abetted and a different act is done, the abettor is liable for the act done if it was a probable consequence of the abetment.
