BNS Offences against the Body, Property and Women — Judicial Services
Weightage: The offences in this chapter are the core of the substantive criminal law in the Criminal Law paper and the Prelims. Section numbers are those commonly published for the BNS, with the IPC section beside each. Punishments below are summarised, so confirm the exact term and fine against the Bare Act before you quote it.
1. How to answer an offence question
For each offence, give the section, the ingredients, the leading case and the punishment. A problem answer applies each ingredient to the facts in turn and then concludes. Distinguishing close offences, such as murder and culpable homicide, is the favourite exam device.
2. Culpable homicide and murder
BNS 100 (IPC 299) defines culpable homicide: causing death by an act done with intention of causing death, or bodily injury likely to cause death, or with the knowledge that the act is likely to cause death.
BNS 101 (IPC 300) defines murder: culpable homicide is murder if done with the intention of causing death, or with the intention of causing bodily injury the offender knows is likely to cause death, or with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death, or with knowledge that the act is so imminently dangerous that it must in all probability cause death.
The test for the third limb is objective (Virsa Singh v. State of Punjab, 1958): the injury must be intentionally inflicted, and it must be sufficient in the ordinary course of nature to cause death. The difference in degree is the probability of death (State of Andhra Pradesh v. R. Punnayya, 1976).
3. The exceptions to murder
Culpable homicide is not murder if:
- Grave and sudden provocation deprives the person of self-control.
- The person exceeds the right of private defence in good faith.
- A public servant exceeds his powers in good faith.
- It is done in a sudden fight in the heat of passion, without premeditation and without undue advantage.
- The victim, over 18, consents to take the risk of death.
Provocation must be grave and sudden and the response must be proportionate, and it cannot be given by a lawful act or by something the accused sought.
4. Punishments for homicide
| Section | Offence | IPC |
|---|---|---|
| 103(1) | Murder: death or life imprisonment and fine | 302 |
| 103(2) | Murder by a group of five or more on grounds of race, caste, community, sex, place of birth, language or belief: death or life (mob lynching) | new |
| 104 | Murder by a person under sentence of life | 303 |
| 105 | Culpable homicide not amounting to murder | 304 |
| 106(1) | Death by negligence: up to five years, and two years for a registered medical practitioner | 304A |
| 106(2) | Hit and run: rash driving causing death and failing to report: up to ten years | new |
| 108 | Abetment of suicide | 306 |
| 109 | Attempt to murder | 307 |
5. Hurt and grievous hurt
- BNS 115 (IPC 319 and 323): voluntarily causing hurt, bodily pain, disease or infirmity, with a mild punishment.
- BNS 116 (IPC 320): grievous hurt means one of eight kinds: emasculation, permanent loss of sight, loss of hearing, loss of a limb or joint, permanent impairing of a limb's power, permanent disfiguring of the head or face, fracture or dislocation of a bone or tooth, and any hurt that endangers life or causes severe bodily pain or inability to follow ordinary pursuits for twenty days.
- BNS 117 (IPC 322 and 325): punishment for voluntarily causing grievous hurt.
- BNS 118: hurt by dangerous weapons or means (IPC 324 and 326).
- BNS 124 (IPC 326A and 326B): acid attack, with a minimum of ten years rising to life.
Related offences include wrongful restraint (BNS 126, IPC 339) and wrongful confinement (BNS 127, IPC 340), assault and criminal force (BNS 130 and 131), and kidnapping (BNS 137, IPC 359 to 363).
6. Offences against women
BNS 63 (IPC 375) defines rape, in seven descriptions, including against her will, without her consent, with consent obtained by fear or deception, with a woman who is under 18, or who is unable to consent. Consent is an unequivocal voluntary agreement. Exception 2 protects intercourse by a man with his wife over 18.
| Section | Offence | IPC |
|---|---|---|
| 64 | Rape: rigorous imprisonment not less than ten years, up to life | 376 |
| 65 | Rape of a woman under 16, and under 12: not less than twenty years, and death possible for under 12 | 376(3), 376AB |
| 66 | Rape causing death or persistent vegetative state | 376A |
| 70 | Gang rape: not less than twenty years, up to life | 376D |
| 69 | Sexual intercourse by deceitful means, including a false promise of marriage | new |
| 74 | Assault or force to outrage modesty | 354 |
| 75, 76, 77, 78 | Sexual harassment, assault to disrobe, voyeurism, stalking | 354A to 354D |
| 72 | Disclosing the identity of a rape victim | 228A |
7. Dowry death and cruelty
- BNS 80 (IPC 304B): dowry death: a woman's death by burns or bodily injury or otherwise than in normal circumstances within seven years of marriage, and she was subjected to cruelty or harassment for dowry soon before death. The punishment is not less than seven years, up to life. A presumption follows in the Evidence Act (now BSA).
- BNS 85 (IPC 498A): cruelty by husband or his relatives: up to three years and a fine. BNS 86 explains cruelty as wilful conduct likely to drive a woman to suicide or grave injury, or harassment to meet an unlawful demand.
8. Theft and related offences
- BNS 303 (IPC 378 and 379): theft: dishonestly moving movable property out of possession without consent. Punishment up to three years, and community service for a first-time theft of low value where the goods are returned.
- BNS 304: snatching, a new offence.
- BNS 308 (IPC 383): extortion.
- BNS 309 (IPC 390 and 392): robbery: theft or extortion with hurt or fear of hurt. Rigorous imprisonment up to ten years.
- BNS 310 (IPC 391 and 395): dacoity: robbery by five or more persons.
- BNS 314 (IPC 403): dishonest misappropriation.
9. Criminal breach of trust and cheating
- BNS 316 (IPC 405 and 406): criminal breach of trust: a person entrusted with property or dominion over it dishonestly misappropriates it or uses it in breach of a legal direction. Up to five years, and life or ten years for a public servant, banker, merchant or agent.
- BNS 318 (IPC 415 and 420): cheating: deceiving a person and dishonestly inducing them to deliver property or do or omit something. Cheating and dishonestly inducing delivery of property carries up to seven years.
- Distinguish criminal breach of trust, where the property is entrusted lawfully and later misused, from cheating, where the dishonest intention exists at the start.
10. Trespass, mischief and forgery
Criminal trespass (BNS 329, IPC 441), house-trespass (331), house-breaking (332), mischief (324, IPC 425) and forgery (336, IPC 463) follow the same ingredients as before, with new numbers.
11. New offences
- BNS 111: organised crime: continuing unlawful activity such as kidnapping, robbery, vehicle theft, extortion, cyber crime and trafficking by an organised crime syndicate.
- BNS 112: petty organised crime.
- BNS 113: terrorist act: threatening the unity, integrity, security or economic security of India or striking terror, with a punishment up to death.
- BNS 152: acts endangering the sovereignty, unity and integrity of India, which replaces the old sedition offence (IPC 124A).
12. Defamation
BNS 356 (IPC 499 and 500): defamation is punishable with simple imprisonment up to two years, or fine, or both, or community service. The exceptions, such as truth for the public good, continue.
13. A problem-answer pattern
A, enraged after hearing that B insulted his sister an hour earlier, finds B and stabs him in the chest, and B dies. Answer in four steps:
- This is culpable homicide (BNS 100), since A intended an injury likely to cause death.
- It is murder under BNS 101, third limb, because the injury was sufficient in the ordinary course of nature (Virsa Singh).
- Test Exception 1, grave and sudden provocation: an insult an hour earlier is unlikely to be sudden, since there was time to cool.
- Conclude murder under BNS 103(1), or BNS 105 if provocation is made out.
Common traps judicial exams set here
- Treating all killing as murder. The intention, the injury and the exceptions decide.
- Confusing the five exceptions. Learn them with their conditions.
- Treating criminal breach of trust as cheating. The difference is entrustment and when dishonesty arose.
- Quoting 304B for dowry death after 1 July 2024. Cite BNS 80.
- Forgetting that sedition is gone. BNS 152 is the replacement provision.
Memory aids
- "100 defines, 101 sharpens, 103 punishes": homicide.
- "Provocation, defence, public servant, sudden fight, consent": five exceptions.
- "63 defines, 64 punishes": rape.
Summary
Culpable homicide in BNS 100 becomes murder under BNS 101 on stricter intention or probability, and five exceptions reduce murder to culpable homicide. Hurt, grievous hurt and acid attack have graded provisions.
Offences against women cover rape, assault, stalking, dowry death and cruelty. Property offences run from theft to dacoity, with criminal breach of trust and cheating separated by entrustment, and the BNS adds organised crime, terrorism and mob lynching.
Exam protocol
- Give the BNS section with the IPC section.
- Distinguish close offences by the ingredient that differs.
- Apply every ingredient to the facts, then conclude.
