Act45
Enacted 2023
The Bharatiya Nyaya Sanhita, 2023
In force
358 sections
Home Affairs
An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 2023
Preamble
THE BHARATIYA NYAYA SANHITA, 2023
ACT NO. 45 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:---
What this Act covers
Summary of Bharatiya Nyaya Sanhita, 2023:
1. Jurisdiction and Procedure
*Applicability: Every person liable under this Sanhita for acts within India or beyond, with specific provisions for citizens abroad and offenses targeting Indian computer resources (Section 1).
*Trial Procedure: Governed by the Bharatiya Nyaya Sanhita, 2023, for all offences under it and other laws, unless specified otherwise.
2. Court Structure
*Classes of Criminal Courts: Courts of Session, Judicial Magistrates (1st & 2nd class), and Executive Magistrates in every State.
*Court of Session: Establishment, composition, and operational provisions.
3. Offences and Punishments
*Punishment Nature: All offences under the Act are cognizable, non-bailable, and non-compoundable.
*Specific Punishments:
• Unfair Means: 3-5 years’ imprisonment and up to 10 lakh rupees fine, with additional penalties .
• Organised Crimes: 5-10 years’ imprisonment, significant fines, and asset forfeiture.
• Defamation (Section 222): Special conditions for prosecuting public officials.
4. Compoundable Offences
*List and Conditions: Specified offences can be compounded with Court permission, detailing who can compound them.
*Special Cases: Provisions for minors, persons of unsound mind, etc.
5. General Exceptions
*Acts Covered: Includes acts done under law, by mistake, accident, by children, persons of unsound mind, etc. (Chapter III)
6. Prosecution Conditions
*Offences Against State & Public Servants: Requires previous sanction from Central/State Government or District Magistrate for prosecution
*Defamation Against Public Officials: Specific conditions for prosecution
Sections
Type to filter. 358 sections.
- 1Short title, commencement and application
- 2Definitions
- 3General explanations
- 4Punishments
- 5Commutation of sentence
- 6Fractions of terms of punishment
- 7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
- 8Amount of fine, liability in default of payment of fine, etc
- 9Limit of punishment of offence made up of several offences
- 10Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which
- 11Solitary confinement
- 12Limit of solitary confinement
- 13Enhanced punishment for certain offences after previous conviction
- 14Act done by a person bound, or by mistake of fact believing himself bound, by law
- 15Act of Judge when acting judicially
- 16Act done pursuant to judgment or order of Court
- 17Act done by a person justified, or by mistake of fact believing himself justified, by law
- 18Accident in doing a lawful act
- 19Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 20Act of a child under seven years of age
- 21Act of a child above seven and under twelve years of age of immature understanding
- 22Act of a person of unsound mind
- 23Act of a person incapable of judgment by reason of intoxication caused against his will
- 24Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 25Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 26Act not intended to cause death, done by consent in good faith for person's benefit
- 27Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
- 28Consent known to be given under fear or misconception
- 29Exclusion of acts which are offences independently of harm caused
- 30Act done in good faith for benefit of a person without consent
- 31Communication made in good faith
- 32Act to which a person is compelled by threats
- 33Act causing slight harm
- 34Things done in private defence
- 35Right of private defence of body and of property
- 36Right of private defence against act of a person of unsound mind, etc
- 37Acts against which there is no right of private defence
- 38When right of private defence of body extends to causing death
- 39When such right extends to causing any harm other than death
- 40Commencement and continuance of right of private defence of body
- 41When right of private defence of property extends to causing death
- 42When such right extends to causing any harm other than death
- 43Commencement and continuance of right of private defence of property
- 44Right of private defence against deadly assault when there is risk of harm to innocent person
- 45Abetment of a thing
- 46Abettor
- 47Abetment in India of offences outside India
- 48Abetment outside India for offence in India
- 49Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
- 50Punishment of abetment if person abetted does act with different intention from that of abettor
- 51Liability of abettor when one act abetted and different act done
- 52Abettor when liable to cumulative punishment for act abetted and for act done
- 53Liability of abettor for an effect caused by act abetted different from that intended by abettor
- 54Abettor present when offence is committed
- 55Abetment of offence punishable with death or imprisonment for life
- 56Abetment of offence punishable with imprisonment
- 57Abetting commission of offence by public or by more than ten persons
- 58Concealing design to commit offence punishable with death or imprisonment for life
- 59Public servant concealing design to commit offence which it is his duty to prevent
- 60Concealing design to commit offence punishable with imprisonment
- 61Criminal conspiracy
- 62Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
- 63Rape
- 64Punishment for rape
- 65Punishment for rape in certain cases
- 66Punishment for causing death or resulting in persistent vegetative state of victim
- 67Sexual intercourse by husband upon his wife during separation
- 68Sexual intercourse by a person in authority
- 69Sexual intercourse by employing deceitful means, etc
- 70Gang rape
- 71Punishment for repeat offenders
- 72Disclosure of identity of victim of certain offences, etc
- 73Printing or publishing any matter relating to Court proceedings without permission
- 74Assault or use of criminal force to woman with intent to outrage her modesty
- 75Sexual harassment
- 76Assault or use of criminal force to woman with intent to disrobe
- 77Voyeurism
- 78Stalking
- 79Word, gesture or act intended to insult modesty of a woman
- 80Dowry death
- 81Cohabitation caused by man deceitfully inducing belief of lawful marriage
- 82Marrying again during lifetime of husband or wife
- 83Marriage ceremony fraudulently gone through without lawful marriage
- 84Enticing or taking away or detaining with criminal intent a married woman
- 85Husband or relative of husband of a woman subjecting her to cruelty
- 86Cruelty defined
- 87Kidnapping, abducting or inducing woman to compel her marriage, etc
- 88Causing miscarriage
- 89Causing miscarriage without woman's consent
- 90Death caused by act done with intent to cause miscarriage
- 91Act done with intent to prevent child being born alive or to cause to die after birth
- 92Causing death of quick unborn child by act amounting to culpable homicide
- 93Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- 94Concealment of birth by secret disposal of dead body
- 95Hiring, employing or engaging a child to commit an offence
- 96Procuration of child
- 97Kidnapping or abducting child under ten years of age with intent to steal from its person
- 98Selling child for purposes of prostitution, etc
- 99Buying child for purposes of prostitution, etc
- 100Culpable homicide
- 101Murder
- 102Culpable homicide by causing death of person other than person whose death was intended
- 103Punishment for murder
- 104Punishment for murder by life-convict
- 105Punishment for culpable homicide not amounting to murder
- 106Causing death by negligence
- 107Abetment of suicide of child or person of unsound mind
- 108Abetment of suicide
- 109Attempt to murder
- 110Attempt to commit culpable homicide
- 111Organised crime
- 112Petty organised crime
- 113Terrorist act
- 114Hurt
- 115Voluntarily causing hurt
- 116Grievous hurt
- 117Voluntarily causing grievous hurt
- 118Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- 119Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- 120Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
- 121Voluntarily causing hurt or grievous hurt to deter public servant from his duty
- 122Voluntarily causing hurt or grievous hurt on provocation
- 123Causing hurt by means of poison, etc., with intent to commit an offence
- 124Voluntarily causing grievous hurt by use of acid, etc
- 125Act endangering life or personal safety of others
- 126Wrongful restraint
- 127Wrongful confinement
- 128Force
- 129Criminal force
- 130Assault
- 131Punishment for assault or criminal force otherwise than on grave provocation
- 132Assault or criminal force to deter public servant from discharge of his duty
- 133Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
- 134Assault or criminal force in attempt to commit theft of property carried by a person
- 135Assault or criminal force in attempt to wrongfully confine a person
- 136Assault or criminal force on grave provocation
- 137Kidnapping
- 138Abduction
- 139Kidnapping or maiming a child for purposes of begging
- 140Kidnapping or abducting in order to murder or for ransom, etc
- 141Importation of girl or boy from foreign country
- 142Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- 143Trafficking of person
- 144Exploitation of a trafficked person
- 145Habitual dealing in slaves
- 146Unlawful compulsory labour
- 147Waging, or attempting to wage war, or abetting waging of war, against Government of India
- 148Conspiracy to commit offences punishable by section 147
- 149Collecting arms, etc., with intention of waging war against Government of India
- 150Concealing with intent to facilitate design to wage war
- 151Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power
- 152Act endangering sovereignty, unity and integrity of India
- 153Waging war against Government of any foreign State at peace with Government of India
- 154Committing depredation on territories of foreign State at peace with Government of India
- 155Receiving property taken by war or depredation mentioned in sections 153 and 154
- 156Public servant voluntarily allowing prisoner of State or war to escape
- 157Public servant negligently suffering such prisoner to escape
- 158Aiding escape of, rescuing or harbouring such prisoner
- 159Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
- 160Abetment of mutiny, if mutiny is committed in consequence thereof
- 161Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
- 162Abetment of such assault, if assault committed
- 163Abetment of desertion of soldier, sailor or airman
- 164Harbouring deserter
- 165Deserter concealed on board merchant vessel through negligence of master
- 166Abetment of act of insubordination by soldier, sailor or airman
- 167Persons subject to certain Acts
- 168Wearing garb or carrying token used by soldier, sailor or airman
- 169Candidate, electoral right defined
- 170Bribery
- 171Undue influence at elections
- 172Personation at elections
- 173Punishment for bribery
- 174Punishment for undue influence or personation at an election
- 175False statement in connection with an election
- 176Illegal payments in connection with an election
- 177Failure to keep election accounts
- 178Counterfeiting coin, Government stamps, currency-notes or bank-notes
- 179Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes
- 180Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes
- 181Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
- 182Making or using documents resembling currency-notes or bank-notes
- 183Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government
- 184Using Government stamp known to have been before used
- 185Erasure of mark denoting that stamp has been used
- 186Prohibition of fictitious stamps
- 187Person employed in mint causing coin to be of different weight or composition from that fixed by law
- 188Unlawfully taking coining instrument from mint
- 189Unlawful assembly
- 190Every member of unlawful assembly guilty of offence committed in prosecution of common object
- 191Rioting
- 192Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- 193Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- 194Affray
- 195Assaulting or obstructing public servant when suppressing riot, etc
- 196Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
- 197Imputations, assertions prejudicial to national integration
- 198Public servant disobeying law, with intent to cause injury to any person
- 199Public servant disobeying direction under law
- 200Punishment for non-treatment of victim
- 201Public servant framing an incorrect document with intent to cause injury
- 202Public servant unlawfully engaging in trade
- 203Public servant unlawfully buying or bidding for property
- 204Personating a public servant
- 205Wearing garb or carrying token used by public servant with fraudulent intent
- 206Absconding to avoid service of summons or other proceeding
- 207Preventing service of summons or other proceeding, or preventing publication thereof
- 208Non-attendance in obedience to an order from public servant
- 209Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
- 210Omission to produce document or electronic record to public servant by person legally bound to produce it
- 211Omission to give notice or information to public servant by person legally bound to give it
- 212Furnishing false information
- 213Refusing oath or affirmation when duly required by public servant to make it
- 214Refusing to answer public servant authorised to question
- 215Refusing to sign statement
- 216False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
- 217False information, with intent to cause public servant to use his lawful power to injury of another person
- 218Resistance to taking of property by lawful authority of a public servant
- 219Obstructing sale of property offered for sale by authority of public servant
- 220Illegal purchase or bid for property offered for sale by authority of public servant
- 221Obstructing public servant in discharge of public functions
- 222Omission to assist public servant when bound by law to give assistance
- 223Disobedience to order duly promulgated by public servant
- 224Threat of injury to public servant
- 225Threat of injury to induce person to refrain from applying for protection to public servant
- 226Attempt to commit suicide to compel or restrain exercise of lawful power
- 227Giving false evidence
- 228Fabricating false evidence
- 229Punishment for false evidence
- 230Giving or fabricating false evidence with intent to procure conviction of capital offence
- 231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- 232Threatening any person to give false evidence
- 233Using evidence known to be false
- 234Issuing or signing false certificate
- 235Using as true a certificate known to be false
- 236False statement made in declaration which is by law receivable as evidence
- 237Using as true such declaration knowing it to be false
- 238Causing disappearance of evidence of offence, or giving false information to screen offender
- 239Intentional omission to give information of offence by person bound to inform
- 240Giving false information respecting an offence committed
- 241Destruction of document or electronic record to prevent its production as evidence
- 242False personation for purpose of act or proceeding in suit or prosecution
- 243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- 244Fraudulent claim to property to prevent its seizure as forfeited or in execution
- 245Fraudulently suffering decree for sum not due
- 246Dishonestly making false claim in Court
- 247Fraudulently obtaining decree for sum not due
- 248False charge of offence made with intent to injure
- 249Harbouring offender
- 250Taking gift, etc., to screen an offender from punishment
- 251Offering gift or restoration of property in consideration of screening offender
- 252Taking gift to help to recover stolen property, etc
- 253Harbouring offender who has escaped from custody or whose apprehension has been ordered
- 254Penalty for harbouring robbers or dacoits
- 255Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- 256Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- 257Public servant in judicial proceeding corruptly making report, etc., contrary to law
- 258Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
- 259Intentional omission to apprehend on part of public servant bound to apprehend
- 260Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
- 261Escape from confinement or custody negligently suffered by public servant
- 262Resistance or obstruction by a person to his lawful apprehension
- 263Resistance or obstruction to lawful apprehension of another person
- 264Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
- 265Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
- 266Violation of condition of remission of punishment
- 267Intentional insult or interruption to public servant sitting in judicial proceeding
- 268Personation of assessor
- 269Failure by person released on bail bond or bond to appear in Court
- 270Public nuisance
- 271Negligent act likely to spread infection of disease dangerous to life
- 272Malignant act likely to spread infection of disease dangerous to life
- 273Disobedience to quarantine rule
- 274Adulteration of food or drink intended for sale
- 275Sale of noxious food or drink
- 276Adulteration of drugs
- 277Sale of adulterated drugs
- 278Sale of drug as a different drug or preparation
- 279Fouling water of public spring or reservoir
- 280Making atmosphere noxious to health
- 281Rash driving or riding on a public way
- 282Rash navigation of vessel
- 283Exhibition of false light, mark or buoy
- 284Conveying person by water for hire in unsafe or overloaded vessel
- 285Danger or obstruction in public way or line of navigation
- 286Negligent conduct with respect to poisonous substance
- 287Negligent conduct with respect to fire or combustible matter
- 288Negligent conduct with respect to explosive substance
- 289Negligent conduct with respect to machinery
- 290Negligent conduct with respect to pulling down, repairing or constructing buildings, etc
- 291Negligent conduct with respect to animal
- 292Punishment for public nuisance in cases not otherwise provided for
- 293Continuance of nuisance after injunction to discontinue
- 294Sale, etc., of obscene books, etc
- 295Sale, etc., of obscene objects to child
- 296Obscene acts and songs
- 297Keeping lottery office
- 298Injuring or defiling place of worship with intent to insult religion of any class
- 299Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
- 300Disturbing religious assembly
- 301Trespassing on burial places, etc
- 302Uttering words, etc., with deliberate intent to wound religious feelings of any person
- 303Theft
- 304Snatching
- 305Theft in a dwelling house, or means of transportation or place of worship, etc
- 306Theft by clerk or servant of property in possession of master
- 307Theft after preparation made for causing death, hurt or restraint in order to committing of theft
- 308Extortion
- 309Robbery
- 310Dacoity
- 311Robbery, or dacoity, with attempt to cause death or grievous hurt
- 312Attempt to commit robbery or dacoity when armed with deadly weapon
- 313Punishment for belonging to gang of robbers, etc
- 314Dishonest misappropriation of property
- 315Dishonest misappropriation of property possessed by deceased person at the time of his death
- 316Criminal breach of trust
- 317Stolen property
- 318Cheating
- 319Cheating by personation
- 320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- 321Dishonestly or fraudulently preventing debt being available for creditors
- 322Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- 323Dishonest or fraudulent removal or concealment of property
- 324Mischief
- 325Mischief by killing or maiming animal
- 326Mischief by injury, inundation, fire or explosive substance, etc
- 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
- 328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc
- 329Criminal trespass and house-trespass
- 330House-trespass and hous-ebreaking
- 331Punishment for house-trespass or house-breaking
- 332House-trespass in order to commit offence
- 333House-trespass after preparation for hurt, assault or wrongful restraint
- 334Dishonestly breaking open receptacle containing property
- 335Making a false document
- 336Forgery
- 337Forgery of record of Court or of public register, etc
- 338Forgery of valuable security, will, etc
- 339Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
- 340Forged document or electronic record and using it as genuine
- 341Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
- 342Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- 343Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
- 344Falsification of accounts
- 345Property mark
- 346Tampering with property mark with intent to cause injury
- 347Counterfeiting a property mark
- 348Making or possession of any instrument for counterfeiting a property mark
- 349Selling goods marked with a counterfeit property mark
- 350Making a false mark upon any receptacle containing goods
- 351Criminal intimidation
- 352Intentional insult with intent to provoke breach of peace
- 353Statements conducing to public mischief
- 354Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
- 355Misconduct in public by a drunken person
- 356Defamation
- 357Breach of contract to attend on and supply wants of helpless person
- 358Repeal and savings
Legislative history
Legislative History: The Bharatiya Nyaya Sanhita, 2023 Source: Official Record of Parliament, India Code, and Ministry of Home Affairs Act Title - The Bharatiya Nyaya Sanhita, 2023 Act Number - Act No. 45 of 2023 Act ID (India Code) - 202345 Presidential Assent date - December 25, 2023 Enforcement Date - July 01, 2024 Nodal Ministry - Ministry of Home Affairs Precedent & Historical Rationale ● Repeal of the Indian Penal Code, 1860: Repeals the 163-year-old colonial Indian Penal Code (45 of 1860) to shift the focus of substantive criminal law from colonial punitive control to citizen-centric justice (Nyaya). ● Modernization & Reform of Penal Provisions: Decriminalizes sedition while penalizing acts threatening the sovereignty and integrity of India, introduces community service as a formal punishment, and adds distinct statutory definitions for organized crime, terrorism, and mob lynching. Parliamentary Trajectory & Enactment ● Formulation: Introduced by the Union Minister of Home Affairs, Shri Amit Shah, as part of the trilogy of bills aimed at overhauling India's criminal justice system. ● Parliamentary Passage: Introduced in the Lok Sabha on August 11, 2023; referred to the Parliamentary Standing Committee on Home Affairs; re-introduced as Bill No. 173 of 2023 on December 12, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023. ● Presidential Assent: Received the assent of the President of India on December 25, 2023. ● Enforcement: Enforced on July 01, 2024.
Related Acts
- The Bharatiya Nagarik Suraksha Sanhita, 2023531 sections
- The Bharatiya Sakshya Adhiniyam, 2023170 sections
- The Criminal Procedure (Identification) Act, 202210 sections
- The Immigration and Foreigners Act, 202536 sections
- The National Forensic Sciences University Act, 202056 sections
- The Rashtriya Raksha University Act, 202053 sections
- The Kerala (Alteration of Name) Act, 202610 sections
- The Jammu and Kashmir Official Languages Act, 20204 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 358 sections of this Act has its own page. This page is not a substitute for legal advice.