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Behavior and Law

Retained but Renumbered Major Offences

Bhartiya Nyay Sanhita 2023 (BNS) — Definitions & Key Sections

Paper III · Unit 3 Section 6 of 15 0 PYQs 24 min

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Retained but Renumbered Major Offences

5.1 Offences Against the Person

Murder — Section 103 (IPC 302)
Definition unchanged: Culpable homicide amounting to murder where the accused:

  • Intends to cause death, OR
  • Intends to cause bodily injury sufficient in ordinary nature to cause death, OR
  • Knows the act is so imminently dangerous that it will cause death with great probability

Punishment: Death or life imprisonment + fine
Five exceptions to murder → culpable homicide (grave and sudden provocation, private defence, public servant excess, sudden fight, consent of victim) are retained under S.105.

Culpable Homicide Not Amounting to Murder — Section 105 (IPC 304)
Three categories:

  • S.105(1): Intentional culpable homicide — RI for life or RI up to 10 years + fine
  • S.105(2): Death from an act known likely to cause death — RI up to 10 years or fine or both

Rape — Sections 63–70 (IPC 375–376D)

  • S.63: Definition of rape (7 types of consent vitiation listed)
  • S.64: Punishment — RI 10 years to life
  • S.65: Rape by police officer, public servant, armed forces — RI for life (minimum)
  • S.70: Gang rape of woman under 18 — death or RI for life

5.2 Offences Against Property

Theft — Section 303 (IPC 378/379): Taking moveable property dishonestly — imprisonment up to 3 years + fine; second conviction — RI up to 5 years.

Cheating — Section 318 (IPC 415/420): Dishonest inducement to deliver property or alter documents — imprisonment up to 3 years + fine; cheating by personation — S.319 — up to 5 years.

Criminal Breach of Trust — Section 316 (IPC 406/409): Dishonest misappropriation of property entrusted — imprisonment up to 3 years + fine; if by public servant/banker — up to 7 years.