The Bharatiya Nyaya Sanhita, 2023 Preliminary Chapter

Chapter I: Preliminary

• The Bharatiya Nyaya Sanhita, 2023, outlines the arrangement of sections and chapters related to the Indian Penal Code
• This chapter deals with short title, commencement, and application of the Act
• Definitions and general explanations of key terms are provided in this chapter

Chapter II: Punishments

• This chapter outlines the different types of punishments, including commutation of sentence and fractions of terms of punishment
• Sentences may be rigorous or simple, and fines can be imposed
• Enhanced punishment is provided for certain offences after previous conviction
• Solitary confinement is also addressed in this chapter

Chapter III: General Exceptions

• This chapter deals with acts done in good faith, or by mistake of fact, or under a misconception of law
• Acts of judges, magistrates, and public servants are also exempted under certain conditions
• Accidents and harm caused without criminal intent are also addressed in this chapter
• Acts of children, persons of unsound mind, and intoxicated individuals are also covered

Chapter IV: Abetment, Criminal Conspiracy, and Attempt

• Abetment of a thing, abettor, and punishment for abetment are defined in this chapter
• Criminal conspiracy, including concealing design to commit an offence, is also addressed
• Attempting to commit an offence punishable with death or imprisonment for life is also covered

Chapter V: Offences Against Women and Children

• Sexual offences, including rape, gang rape, and sexual harassment, are defined and punished in this chapter
• Offences related to marriage, such as dowry death and cohabitation caused by deceit, are also addressed
• Causing miscarriage, exposing or abandoning children, and offences against child are also covered

Chapter VI: Offences Affecting the Human Body

• This chapter deals with culpable homicide, murder, and attempt to murder
• Offences related to hurt, including voluntary and grievous hurt, are also addressed
• Wrongful restraint and confinement, criminal force and assault, and kidnapping and abduction are also covered

Chapter VII: Offences Against the State

• This chapter outlines offences related to waging war or abetting waging of war against the Government of India
• Conspiracy to commit such offences, collecting arms, and concealing with intent to facilitate design to wage war are also addressed
• Assaulting or restraining public servants and promoting enmity between different groups are also covered

Chapter VIII: Offences Relating to the Army, Navy, and Air Force

• This chapter deals with abetment of mutiny, or attempting to seduce a soldier, sailor, or airman from his duty
• Abetment of assault, desertion, and harbouring deserters are also addressed
• Wearing garb or carrying token used by soldier, sailor, or airman with fraudulent intent is also covered

Chapter IX: Offences Relating to Elections

• This chapter outlines offences related to bribery, undue influence, personation, and false statements in connection with elections
• Punishment for such offences, including imprisonment and fine, are also addressed

Chapter X: Offences Relating to Coin, Currency-Notes, Bank-Notes, and Government Stamps

• Counterfeiting coin, Government stamps, currency-notes, or bank-notes is defined and punished in this chapter
• Using as genuine, forging, or making instruments for forging such items are also addressed
• Possessing or making documents resembling currency-notes or bank-notes with fraudulent intent is also covered

Chapter XI: Offences Against Public Tranquillity

• This chapter deals with unlawful assembly, rioting, and affray
• Promoting enmity between different groups, imputations, and assertions prejudicial to national integration are also addressed

Chapter XII: Offences by or Relating to Public Servants

• This chapter outlines offences committed by public servants, including disobeying law with intent to cause injury
• Framing incorrect documents, wearing garb or carrying token used by public servants with fraudulent intent are also addressed

Chapter XIII: Contempts of the Lawful Authority of Public Servants

• Absconding to avoid service of summons, preventing service of summons, and non-appearance in response to a proclamation are addressed in this chapter
• Refusing to answer public servant, furnishing false information, and refusing oath or affirmation are also covered
• False statement on oath or affirmation, refusing to sign statement, and obstructing public servant are also addressed

Chapter XIV: False Evidence and Offences Against Public Justice

• Giving false evidence, fabricating false evidence, and punishment for false evidence are defined and addressed in this chapter
• Threatening any person to give false evidence, using false evidence, and issuing or signing false certificates are also covered
• Destroying or concealing evidence, and harbouring offenders are also addressed

Chapter XV: Offences Affecting the Public Health, Safety, Convenience, Decency, and Morals

• Public nuisance, negligent act likely to spread infection of disease, and disobedience to quarantine rule are addressed in this chapter
• Adulteration of food or drink, sale of noxious food or drink, and other offences affecting public health and safety are also covered### Preliminary
• The Bharatiya Nyaya Sanhita, 2023 is an Act to consolidate and amend provisions related to offences and connected matters.
• The Act shall come into force on a date appointed by the Central Government, and different dates may be appointed for different provisions.

Application

• Every person shall be liable to punishment under this Act for every act or omission that contravenes its provisions, committed within India.
• This Act shall also apply to offences committed beyond India by Indians, ships or aircraft registered in India, or targeting computer resources located in India.

Definitions

• "Act" denotes a series of acts or a single act.
• "Animal" means any living creature, excluding humans.
• "Child" means any person below the age of 18 years.
• "Counterfeit" means causing one thing to resemble another, intending to practise deception or knowing it is likely to be practised.
• "Court" means a judge or a body of judges empowered to act judicially.
• "Death" means the death of a human being, unless the context implies otherwise.
• "Dishonestly" means doing anything with the intention of causing wrongful gain or loss.
• "Document" includes electronic and digital records, intended to be used as evidence.

Key Terms

• "Fraudulently" means doing anything with the intention to defraud, but not otherwise.
• "Gender" includes male, female, and transgender persons.
• "Good faith" means doing or believing something without due care and attention.
• "Government" means the Central Government or a State Government.
• "Harbour" includes supplying shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance to evade apprehension.

Offences and Punishment

• "Injury" means any harm illegally caused to a person's body, mind, reputation, or property.
• "Illegal" and "Legally Bound to Do" refer to anything that is an offence, prohibited by law, or furnishes ground for a civil action.
• "Offence" means a thing made punishable by this Act, unless otherwise specified in certain sections and chapters.

Public Servants

• A "public servant" includes:
  • Commissioned officers in the Army, Navy, or Air Force.
  • Judges, including those empowered by law to discharge adjudicatory functions.
  • Officers of a Court, including liquidators, receivers, or commissioners.
  • Arbitrators or persons to whom a cause or matter has been referred for decision or report.
  • Officers empowered to place or keep people in confinement.
  • Government officers responsible for preventing offences, giving information, bringing offenders to justice, or protecting public health, safety, or convenience.
  • Officers responsible for taking, receiving, keeping, or expending property on behalf of the Government.
  • Election officials responsible for preparing, publishing, maintaining, or revising electoral rolls or conducting elections.### Definitions
• Municipal Commissioner: a public servant
• Reason to believe: having sufficient cause to believe something, but not otherwise
• Special law: a law applicable to a particular subject
• Valuable security: a document that creates, extends, transfers, restricts, extinguishes, or releases a legal right
• Vessel: anything made for the conveyance by water of human beings or property
• Voluntarily: causing an effect by means that were intended to cause it, or by means that were likely to cause it
• Will: any testamentary document
• Woman: a female human being of any age
• Wrongful gain/loss: gaining/losing property by unlawful means, when not legally entitled to it

General Explanations

• Definitions of offences in the Sanhita are subject to general exceptions, even if not repeated in the definition
• Every expression explained in the Sanhita applies to all parts of the Sanhita
• When property is in the possession of a spouse, clerk, or servant, it is considered in the possession of the person
• Words referring to acts done also extend to illegal omissions
• When a criminal act is done by several persons, each person is liable for the act in the same manner as if it were done by one person alone
• Causing an effect partly by an act and partly by an omission is the same offence as causing the effect by a single act

Punishments

• The Sanhita provides for the following punishments:
  • Death
  • Imprisonment for life
  • Imprisonment of two descriptions (rigorous and simple)
  • Forfeiture of property
  • Fine
  • Community Service
• The appropriate government may commute a punishment to any other punishment
• Fractions of terms of punishment are calculated accordingly, with imprisonment for life reckoned as equivalent to imprisonment for 20 years
• The court may direct that imprisonment be wholly or partly rigorous or simple
• The amount of fine and the imprisonment in default of payment are decided by the court

Limit of Punishment

• An offender shall not be punished with more than one punishment for an offence made up of several parts
• If an offence falls under two or more definitions of law, the offender shall not be punished with a more severe punishment than the maximum for one of the offences
• In cases where judgment is given that a person is guilty of one of several offences, the offender shall be punished for the offence with the lowest punishment

Solitary Confinement

• The court may order solitary confinement for any portion or portions of imprisonment, not exceeding three months in total
• Solitary confinement shall not exceed 14 days at a time, with intervals between periods of not less duration than the confinement itself

Enhanced Punishment

• An offender who has been previously convicted of an offence punishable with imprisonment for three years or more, and commits another offence, shall be subject to imprisonment for life or imprisonment for up to 10 years

General Exceptions

• Nothing is an offence which is done by a person bound by law to do it
• Nothing is an offence which is done by a judge when acting judicially
• Nothing is an offence which is done in pursuance of a judgment or order of a court
• Nothing is an offence which is done by a person who is justified by law, or who believes in good faith that they are justified by law
• Nothing is an offence which is done by accident or misfortune, without criminal intention or knowledge
• Nothing is an offence merely because it is likely to cause harm, if it is done in good faith to prevent or avoid other harm

This quiz covers the preliminary chapter of The Bharatiya Nyaya Sanhita, 2023, including short title, commencement, and application. It also includes definitions and general explanations.