New Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
25th December, 2023 and is hereby published for general information:—
THE BHARATIYA NYAYA SANHITA, 2023
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:––
**THE BHARATIYA NYAYA SANHITA ACT, 2023**
—
CHAPTER I: PRELIMINARY
Section 1: Short title, commencement and application.
Section 2: Definitions.
Section 3: General explanations.
CHAPTER II: OF PUNISHMENTS
Section 4: Punishments.
Section 5: Commutation of sentence.
Section 6: Fractions of terms of punishment.
Section 7: Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
Section 8: Amount of fine, liability in default of payment of fine, etc.
Section 9: Limit of punishment of offence made up of several offences.
Section 10: Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which.
Section 11: Solitary confinement.
Section 12: Limit of solitary confinement.
Section 13: Enhanced punishment for certain offences after previous conviction.
CHAPTER III: GENERAL EXCEPTIONS
Section 14: Act done by a person bound, or by mistake of fact believing himself bound, by law.
Section 15: Act of Judge when acting judicially.
Section 16: Act done pursuant to judgment or order of Court.
Section 17: Act done by a person justified, or by mistake of fact believing himself justified, by law.
Section 18: Accident in doing a lawful act.
Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm.
Section 20: Act of a child under seven years of age.
Section 21: Act of a child above seven and under twelve years of age of immature understanding.
Section 22: Act of a person of unsound mind.
Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will.
Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Section 25: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
Section 26: Act not intended to cause death, done by consent in good faith for person’s benefit.
Section 27: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.
Section 28: Consent known to be given under fear or misconception.
Section 29: Exclusion of acts which are offences independently of harm caused.
Section 30: Act done in good faith for benefit of a person without consent.
Section 31: Communication made in good faith.
Section 32: Act to which a person is compelled by threats.
Section 33: Act causing slight harm.
CHAPTER IV: OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
Of abetment
Section 45: Abetment of a thing.
Section 46: Abettor.
Section 47: Abetment in India of offences outside India.
Section 48: Abetment outside India for offence in India.
Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
Section 50: Punishment of abetment if person abetted does act with different intention from that of abettor.
Section 51: Liability of abettor when one act abetted and different act done.
Section 52: Abettor when liable to cumulative punishment for act abetted and for act done.
Section 53: Liability of abettor for an effect caused by act abetted different from that intended by abettor.
Section 54: Abettor present when offence is committed.
Section 55: Abetment of offence punishable with death or imprisonment for life.
Section 56: Abetment of offence punishable with imprisonment.
Section 57: Abetting commission of offence by public or by more than ten persons.
Section 58: Concealing design to commit offence punishable with death or imprisonment for life.
Section 59: Public servant concealing design to commit offence which it is his duty to prevent.
Section 60: Concealing design to commit offence punishable with imprisonment.
Of criminal conspiracy
Section 61: Criminal conspiracy.
Of attempt
Section 62: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
CHAPTER V: OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences
Section 63: Rape.
Section 64: Punishment for rape.
Section 65: Punishment for rape in certain cases.
Section 66: Punishment for causing death or resulting in persistent vegetative state of victim.
Section 67: Sexual intercourse by husband upon his wife during separation.
Section 68: Sexual intercourse by a person in authority.
Section 69: Sexual intercourse by employing deceitful means, etc.
Section 70: Gang rape.
Section 71: Punishment for repeat offenders.
Section 72: Disclosure of identity of victim of certain offences, etc.
Section 73: Printing or publishing of any matter relating to Court proceedings without permission.
Of criminal force and assault against woman
Section 74: Assault or use of criminal force to woman with intent to outrage her modesty.
Section 75: Sexual harassment.
Section 76: Assault or use of criminal force to woman with intent to disrobe.
Section 77: Voyeurism.
Section 78: Stalking.
Section 79: Word, gesture or act intended to insult modesty of a woman.
Of offences relating to marriage
Section 80: Dowry death.
Section 81: Cohabitation caused by man deceitfully inducing belief of lawful marriage.
Section 82: Marrying again during lifetime of husband or wife.
Section 83: Marriage ceremony fraudulently gone through without lawful marriage.
Section 84: Enticing or taking away or detaining with criminal intent a married woman.
Section 85: Husband or relative of husband of a woman subjecting her to cruelty.
Section 86: Cruelty defined.
Section 87: Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of causing miscarriage, etc.
Section 88: Causing miscarriage.
Section 89: Causing miscarriage without woman’s consent.
Section 90: Death caused by act done with intent to cause miscarriage.
Section 91: Act done with intent to prevent child being born alive or to cause to die after birth.
Section 92: Causing death of quick unborn child by act amounting to culpable homicide.
Of offences against child
Section 93: Exposure and abandonment of child under twelve years of age, by parent or person having care of it.
Section 94: Concealment of birth by secret disposal of dead body.
Section 95: Hiring, employing or engaging a child to commit an offence.
Section 96: Procuration of child.
Section 97: Kidnapping or abducting child under ten years of age with intent to steal from its person.
Section 98: Selling child for purposes of prostitution, etc.
Section 99: Buying child for purposes of prostitution, etc.
CHAPTER VI: OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
Section 100: Culpable homicide.
Section 101: Murder.
Section 102: Culpable homicide by causing death of person other than person whose death was intended.
Section 103: Punishment for murder.
Section 104: Punishment for murder by life-convict.
Section 105: Punishment for culpable homicide not amounting to murder.
Section 106: Causing death by negligence.
Section 107: Abetment of suicide of child or person of unsound mind.
Section 108: Abetment of suicide.
Section 109: Attempt to murder.
Section 110: Attempt to commit culpable homicide.
Section 111: Organised crime.
Section 112: Petty organised crime.
Section 113: Terrorist act.
Of hurt
Section 114: Hurt.
Section 115: Voluntarily causing hurt.
Section 116: Grievous hurt.
Section 117: Voluntarily causing grievous hurt.
Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
Section 119: Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.
Section 120: Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.
Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
Section 122: Voluntarily causing hurt or grievous hurt on provocation.
Section 123: Causing hurt by means of poison, etc., with intent to commit an offence.
Section 124: Voluntarily causing grievous hurt by use of acid, etc.
Section 125: Act endangering life or personal safety of others.
Of wrongful restraint and wrongful confinement
Section 126: Wrongful restraint.
Section 127: Wrongful confinement.
Of criminal force and assault
Section 128: Force.
Section 129: Criminal force.
Section 130: Assault.
Section 131: Punishment for assault or criminal force otherwise than on grave provocation.
Section 132: Assault or criminal force to deter public servant from discharge of his duty.
Section 133: Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
Section 134: Assault or criminal force in attempt to commit theft of property carried by a person.
Section 135: Assault or criminal force in attempt to wrongfully confine a person.
Section 136: Assault or criminal force on grave provocation.
Of kidnapping, abduction, slavery and forced labour
Section 137: Kidnapping.
Section 138: Abduction.
Section 139: Kidnapping or maiming a child for purposes of begging.
Section 140: Kidnapping or abducting in order to murder or for ransom, etc.
Section 141: Importation of girl or boy from foreign country.
Section 142: Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
Section 143: Trafficking of person.
Section 144: Exploitation of a trafficked person.
Section 145: Habitual dealing in slaves.
Section 146: Unlawful compulsory labour.
CHAPTER VII: OF OFFENCES AGAINST THE STATE
Section 147: Waging, or attempting to wage war, or abetting waging of war, against Government of India.
Section 148: Conspiracy to commit offences punishable by section 147.
Section 149: Collecting arms, etc., with intention of waging war against Government of India.
Section 150: Concealing with intent to facilitate design to wage war.
Section 151: Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power.
Section 152: Act endangering sovereignty, unity and integrity of India.
Section 153: Waging war against Government of any foreign State at peace with Government of India.
Section 154: Committing depredation on territories of foreign State at peace with Government of India.
Section 155: Receiving property taken by war or depredation mentioned in sections 153 and 154.
Section 156: Public servant voluntarily allowing prisoner of State or war to escape.
Section 157: Public servant negligently suffering such prisoner to escape.
Section 158: Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VIII: OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
Section 159: Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
Section 160: Abetment of mutiny, if mutiny is committed in consequence thereof.
Section 161: Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
Section 162: Abetment of such assault, if assault committed.
Section 163: Abetment of desertion of soldier, sailor or airman.
Section 164: Harbouring deserter.
Section 165: Deserter concealed on board merchant vessel through negligence of master.
Section 166: Abetment of act of insubordination by soldier, sailor or airman.
Section 167: Persons subject to certain Acts.
Section 168: Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER IX: OF OFFENCES RELATING TO ELECTIONS
Section 169: Candidate, electoral right defined.
Section 170: Bribery.
Section 171: Undue influence at elections.
Section 172: Personation at elections.
Section 173: Punishment for bribery.
Section 174: Punishment for undue influence or personation at an election.
Section 175: False statement in connection with an election.
Section 176: Illegal payments in connection with an election.
Section 177: Failure to keep election accounts.
CHAPTER X: OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
Section 178: Counterfeiting coin, Government stamps, currency-notes or bank-notes.
Section 179: Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
Section 180: Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
Section 181: Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes.
Section 182: Making or using documents resembling currency-notes or bank-notes.
Section 183: Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government.
Section 184: Using Government stamp known to have been before used.
Section 185: Erasure of mark denoting that stamp has been used.
Section 186: Prohibition of fictitious stamps.
Section 187: Person employed in mint causing coin to be of different weight or composition from that fixed by law.
Section 188: Unlawfully taking coining instrument from mint.
CHAPTER XI: OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
Section 189: Unlawful assembly.
Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object.
Section 191: Rioting.
Section 192: Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed.
Section 193: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.
Section 194: Affray.
Section 195: Assaulting or obstructing public servant when suppressing riot, etc.
Section 196: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
Section 197: Imputations, assertions prejudicial to national integration.
CHAPTER XII: OFFENCES BY OR RELATING TO PUBLIC SERVANTS
Section 198: Public servant disobeying law, with intent to cause injury to any person.
Section 199: Public servant disobeying direction under law.
Section 200: Punishment for non-treatment of victim.
Section 201: Public servant framing an incorrect document with intent to cause injury.
Section 202: Public servant unlawfully engaging in trade.
Section 203: Public servant unlawfully buying or bidding for property.
Section 204: Personating a public servant.
Section 205: Wearing garb or carrying token used by public servant with fraudulent intent.
Section 206: Absconding to avoid service of summons or other proceeding.
Section 207: Preventing service of summons or other proceeding, or preventing publication thereof.
Section 208: Non-attendance in obedience to an order from public servant.
Section 209: Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 210: Omission to produce document or electronic record to public servant by person legally bound to produce it.
Section 211: Omission to give notice or information to public servant by person legally bound to give it.
Section 212: Furnishing false information.
Section 213: Refusing oath or affirmation when duly required by public servant to make it.
Section 214: Refusing to answer public servant authorised to question.
Section 215: Refusing to sign statement.
Section 216: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
Section 217: False information, with intent to cause public servant to use his lawful power to injury of another person.
Section 218: Resistance to taking of property by lawful authority of a public servant.
Section 219: Obstructing sale of property offered for sale by authority of public servant.
Section 220: Illegal purchase or bid for property offered for sale by authority of public servant.
Section 221: Obstructing public servant in discharge of public functions.
Section 222: Omission to assist public servant when bound by law to give assistance.
Section 223: Disobedience to order duly promulgated by public servant.
Section 224: Threat of injury to public servant.
Section 225: Threat of injury to induce person to refrain from applying for protection to public servant.
Section 226: Attempt to commit suicide to compel or restrain exercise of lawful power.
CHAPTER XIV: FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
Section 227: Giving false evidence.
Section 228: Fabricating false evidence.
Section 229: Punishment for false evidence.
Section 230: Giving or fabricating false evidence with intent to procure conviction of capital offence.
Section 231: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
Section 232: Threatening any person to give false evidence.
Section 233: Using evidence known to be false.
Section 234: Issuing or signing false certificate.
Section 235: Using as true a certificate known to be false.
Section 236: False statement made in declaration which is by law receivable as evidence.
Section 237: Using as true such declaration knowing it to be false.
Section 238: Causing disappearance of evidence of offence, or giving false information to screen offender.
Section 239: Intentional omission to give information of offence by person bound to inform.
Section 240: Giving false information respecting an offence committed.
Section 241: Destruction of document or electronic record to prevent its production as evidence.
Section 242: False personation for purpose of act or proceeding in suit or prosecution.
Section 243: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
Section 244: Fraudulent claim to property to prevent its seizure as forfeited or in execution.
Section 245: Fraudulently suffering decree for sum not due.
Section 246: Dishonestly making false claim in Court.
Section 247: Fraudulently obtaining decree for sum not due.
Section 248: False charge of offence made with intent to injure.
Section 249: Harbouring offender.
Section 250: Taking gift, etc., to screen an offender from punishment.
Section 251: Offering gift or restoration of property in consideration of screening offender.
Section 252: Taking gift to help to recover stolen property, etc.
Section 253: Harbouring offender who has escaped from custody or whose apprehension has been ordered.
Section 254: Penalty for harbouring robbers or dacoits.
Section 255: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
Section 256: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Section 257: Public servant in judicial proceeding corruptly making report, etc., contrary to law.
Section 258: Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
Section 259: Intentional omission to apprehend on part of public servant bound to apprehend.
Section 260: Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
Section 261: Escape from confinement or custody negligently suffered by public servant.
Section 262: Resistance or obstruction by a person to his lawful apprehension.
Section 263: Resistance or obstruction to lawful apprehension of another person.
Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
Section 265: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
Section 266: Violation of condition of remission of punishment.
Section 267: Intentional insult or interruption to public servant sitting in judicial proceeding.
Section 268: Personation of assessor.
Section 269: Failure by person released on bail bond or bond to appear in Court.
CHAPTER XV: OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
Section 270: Public nuisance.
Section 271: Negligent act likely to spread infection of disease dangerous to life.
Section 272: Malignant act likely to spread infection of disease dangerous to life.
Section 273: Disobedience to quarantine rule.
Section 274: Adulteration of food or drink intended for sale.
Section 275: Sale of noxious food or drink.
Section 276: Adulteration of drugs.
Section 277: Sale of adulterated drugs.
Section 278: Sale of drug as a different drug or preparation.
Section 279: Fouling water of public spring or reservoir.
Section 280: Making atmosphere noxious to health.
Section 281: Rash driving or riding on a public way.
Section 282: Rash navigation of vessel.
Section 283: Exhibition of false light, mark or buoy.
Section 284: Conveying person by water for hire in unsafe or overloaded vessel.
Section 285: Danger or obstruction in public way or line of navigation.
Section 286: Negligent conduct with respect to poisonous substance.
Section 287: Negligent conduct with respect to fire or combustible matter.
Section 288: Negligent conduct with respect to explosive substance.
Section 289: Negligent conduct with respect to machinery.
Section 290: Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
Section 291: Negligent conduct with respect to animal.
Section 292: Punishment for public nuisance in cases not otherwise provided for.
Section 293: Continuance of nuisance after injunction to discontinue.
Section 294: Sale, etc., of obscene books, etc.
Section 295: Sale, etc., of obscene objects to child.
Section 296: Obscene acts and songs.
Section 297: Keeping lottery office.
CHAPTER XVI: OFFENCES RELATING TO RELIGION
Section 298: Injuring or defiling place of worship with intent to insult religion of any class.
Section 299: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Section 300: Disturbing religious assembly.
Section 301: Trespassing on burial places, etc.
Section 302: Uttering words, etc., with deliberate intent to wound religious feelings of any person.
CHAPTER XVII: OF OFFENCES AGAINST PROPERTY
Of theft
Section 303: Theft.
Section 304: Snatching.
Section 305: Theft in a dwelling house, or means of transportation or place of worship, etc.
Section 306: Theft by clerk or servant of property in possession of master.
Section 307: Theft after preparation made for causing death, hurt or restraint in order to committing of theft.
Of extortion
Section 308: Extortion.
Of robbery and dacoity
Section 309: Robbery.
Section 310: Dacoity.
Section 311: Robbery, or dacoity, with attempt to cause death or grievous hurt.
Section 312: Attempt to commit robbery or dacoity when armed with deadly weapon.
Section 313: Punishment for belonging to gang of robbers, etc.
Of criminal misappropriation of property
Section 314: Dishonest misappropriation of property.
Section 315: Dishonest misappropriation of property possessed by deceased person at the time of his death.
Of criminal breach of trust
Section 316: Criminal breach of trust.
Of receiving stolen property
Section 317: Stolen property.
Of cheating
Section 318: Cheating.
Section 319: Cheating by personation.
Of fraudulent deeds and dispositions of property
Section 320: Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
Section 321: Dishonestly or fraudulently preventing debt being available for creditors.
Section 322: Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
Section 323: Dishonest or fraudulent removal or concealment of property.
Of mischief
Section 324: Mischief.
Section 325: Mischief by killing or maiming animal.
Section 326: Mischief by injury, inundation, fire or explosive substance, etc.
Section 327: Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.
Section 328: Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
Of criminal trespass
Section 329: Criminal trespass and house-trespass.
Section 330: House-trespass and house-breaking.
Section 331: Punishment for house-trespass or house-breaking.
Section 332: House-trespass in order to commit offence.
Section 333: House-trespass after preparation for hurt, assault or wrongful restraint.
Section 334: Dishonestly breaking open receptacle containing property.
CHAPTER XVIII: OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
Section 335: Making a false document.
Section 336: Forgery.
Section 337: Forgery of record of Court or of public register, etc.
Section 338: Forgery of valuable security, will, etc.
Section 339: Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.
Section 340: Forged document or electronic record and using it as genuine.
Section 341: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
Section 342: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.
Section 343: Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
Section 344: Falsification of accounts.
Of property marks
Section 345: Property mark.
Section 346: Tampering with property mark with intent to cause injury.
Section 347: Counterfeiting a property mark.
Section 348: Making or possession of any instrument for counterfeiting a property mark.
Section 349: Selling goods marked with a counterfeit property mark.
Section 350: Making a false mark upon any receptacle containing goods.
CHAPTER XIX: CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Section 351: Criminal intimidation.
Section 352: Intentional insult with intent to provoke breach of peace.
Section 353: Statements conducing to public mischief.
Section 354: Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.
Section 355: Misconduct in public by a drunken person.
Of defamation
Section 356: Defamation.
Of breach of contract to attend on and supply wants of helpless person
Section 357: Breach of contract to attend on and supply wants of helpless person.
CHAPTER XX: REPEAL AND SAVINGS
Section 358: Repeal and savings.
CHAPTER I
PRELIMINARY
Section-1. Short title, commencement, and application.
(1) This Act may be cited as the Bharatiya Nyaya Sanhita, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to its provisions, committed within India.
(4) Any person liable under any law in force in India to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita, as if such act had been committed within India.
(5) The provisions of this Sanhita shall also apply to any offence committed by:
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India, wherever it may be;
(c) any person in any place without and beyond India committing an offence targeting a computer resource located in India.
Explanation: In this section, “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors, or airmen in the service of the Government of India or the provisions of any special or local law.
Section-2. Definitions.
In this Sanhita, unless the context otherwise requires,––
(1) “act” includes a series of acts as well as a single act;
(2) “animal” means any living creature other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit” means causing one thing to resemble another with the intent to deceive or knowing it is likely to deceive;
Explanation: Counterfeiting does not require exact imitation, but a resemblance sufficient to deceive is presumed unless proven otherwise.
(5) “Court” means a Judge empowered to act judicially alone or a body of Judges empowered to act judicially as a body;
(6) “death” means the death of a human being unless context indicates otherwise;
(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another;
(8) “document” includes any matter expressed or described upon any substance by letters, figures, or marks, intended to be used as evidence;
Explanation: The form or substance of the document is immaterial as long as it is intended for evidentiary use.
(9) “fraudulently” means acting with the intention to defraud;
(10) “gender” includes any person irrespective of male, female, or transgender identity;
Explanation: “Transgender” has the meaning assigned under the Transgender Persons (Protection of Rights) Act, 2019;
(11) “good faith” excludes acts done without due care and attention;
(12) “Government” means the Central Government or a State Government;
(13) “harbour” includes aiding a person to evade apprehension;
(14) “injury” includes harm to body, mind, reputation, or property;
(15) “illegal” applies to offences or actions prohibited by law; “legally bound to do” means actions required by law;
(16) “Judge” includes a person empowered to give definitive judgments in legal proceedings;
Explanation: This includes any person or body authorized to make such judgments;
(17) “life” means human life unless otherwise specified;
(18) “local law” applies to laws specific to a particular part of India;
(19) “man” refers to male human beings of any age;
(20) “month” and “year” follow the Gregorian calendar;
(21) “movable property” includes all property except land and things permanently attached to the earth;
(22) “number” includes both singular and plural forms;
(23) “oath” includes affirmations and declarations required by law;
(24) “offence” refers to punishable acts under this Sanhita, except where special or local laws apply;
Explanation: In specified sections, “offence” includes acts punishable under special or local laws;
(25) “omission” includes a series of omissions as well as a single omission;
(26) “person” includes individuals, companies, associations, or bodies of persons, incorporated or not;
(27) “public” includes any community or class of the public;
(28) “public servant” includes officers, judges, arbitrators, and persons empowered by law to act on behalf of the Government;
(29) “reason to believe” indicates sufficient cause to believe;
(30) “special law” applies to laws specific to particular subjects;
(31) “valuable security” means a document creating, transferring, or acknowledging legal rights or liabilities;
(32) “vessel” means any watercraft;
(33) “voluntarily” indicates causing an effect intentionally or through known means likely to cause it;
(34) “will” refers to testamentary documents;
(35) “woman” refers to female human beings of any age;
(36) “wrongful gain” refers to gain by unlawful means;
(37) “wrongful loss” refers to loss by unlawful means;
(38) “gaining wrongfully” and “losing wrongfully” refer to wrongful acquisition or deprivation of property;
(39) words and expressions not defined in this Sanhita but defined in the Information Technology Act, 2000 or the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in those Acts.
Section 3. General explanations.
(1) Throughout this Sanhita, every definition of an offence, penal provision, and illustration thereof shall be subject to the exceptions in the Chapter “General Exceptions,” even if not expressly stated.
Illustration: Definitions of offences in this Sanhita do not exclude acts by children under seven years, pursuant to the general exception that exempts such acts from offence.
(2) Every expression explained in any part of this Sanhita applies uniformly throughout, unless context suggests otherwise.
(3) Possession by a person’s spouse, clerk, or servant on account of that person constitutes possession under this Sanhita.
Explanation: Temporary or occasional employment as clerk or servant constitutes such status under this subsection.
(4) Words referring to acts include illegal omissions unless context suggests otherwise.
(5) When a criminal act results from several persons acting with common intention, each is liable as if acting alone.
(6) Acts done with criminal knowledge or intention by several persons render each liable as if acting alone with such knowledge or intention.
(7) When an offence involves causing an effect partly by act and partly by omission, it constitutes the same offence.
Illustration: A causes Z’s death by omission of food and beating. A is guilty of murder.
(8) When an offence results from several acts, intentional cooperation in any act constituting the offence renders each participant liable.
Illustrations: A and B administer poison to Z with intent to kill. Both are guilty of murder.
(9) When several persons engage in a criminal act, they may be guilty of different offences arising from that act.
Illustration: A kills Z under provocation, constituting culpable homicide. B, without provocation but with intent to kill, assists A. B is guilty of murder, A of culpable homicide.
