The Bharatiya Nyay Sanhita (BNS) {Indian Penal Code (IPC)} is the foundation of criminal law in India. Knowing the important provisions of this code is imperative for any lawyer practicing in India. This article will act as a handy guide to go through some of the most frequently used and important sections of IPC that every lawyer must know.
Section 100 of BNS – Culpable homicide is committed when causing the death of another human being by an act done with the intention of causing death, or with the intention of causing grievous bodily harm to any person, or with knowledge that it is likely to cause death; “Culpable Homicide” seems to be the section which seems to cover all serious crimes that result in death. It is the launching of the attack which constitutes the criminal act.
BNS Section 101 differentiates between Murder and culpable homicide. Murder is said to have been committed when the offender intends to cause the death of any person or to cause such bodily injury to any person as the natural consequences of which would be death, and the offender causes the death of such person. Section 103 of BNS Punishment for murder imposes a punishment which may extend to death or to imprisonment for life which may also include other punishments. Thus, this section is very important for lawyers practicing in grave criminal cases.
BNS Section 109 speaks about Attempt to Commit Murder. Any person who attempts to commit murder shall be punished with imprisonment for life or such less punishment as the Court may consider suitable, thereby showing that the attempt to commit murder is less severe than murder itself.
For example, if a person has an intention to cause death of another person and he does any act towards the realization of that aim and in the process causes hurt to the victim, he can be charged under this section. Thus, the punishment under this section is imprisonment for not less than seven years, and with the option of fine.
This deals with the offence of Voluntarily Causing Hurt. When any person does any act which causes hurt to the body of another, that other person is punished with imprisonment up to 1 year, or with fine, or both. This section is normally charged in fighting cases.
Section 63 of BNS describes the meaning of Rape and the circumstances under which an act shall be deemed to be rape. This section has been modified a number of times to increase the definition and the punishment given to the rapists. The punishment for rape is dealt under Section 376, which is rigorous imprisonment for a term which shall not be less than seven years and which may be extended to imprisonment for life.
BNS Section 118 deals with the offence of Voluntarily Causing Hurt by Dangerous Weapons or Means. When any person does any act which causes hurt by dangerous weapons like a knife, gun or any other dangerous means which is capable of causing grievous hurt to another person. The punishment is up to 3 years imprisonment or fine or both. Here the harm caused is to the person and the law imposes higher punishment as the weapon or means used are dangerous.
Theft is an offence described in Section 303. When any movable property is taken away without consent of the possessor, it is theft. The punishment for the offence of theft is explained in Section 303 of BNS, which is imprisonment up to three years, or fine, or both. This section is important for any property related crime.
It is an offence of an aggravated form of theft or extortion, where during the committing of theft or extortion, the accused threatens or uses force to gratify the offender.
The punishment for the offence of robbery is also explained in Section 309, which is imprisonment up to 10 years, or rigorous imprisonment, and also with fine. This section is important for any property related crime involving violence.
It is an offence of an aggravated form of robbery, committed by five or more persons. The punishment is up to imprisonment for life, or rigorous imprisonment for a term not exceeding twenty years, and also with fine.
This section is important for any organized crime related case and for a group of violent people.
Cheating: A person is said to cheat when he— (a) by any means fraudulently deprives any person of property or (b) by dishonesty induces any person to deliver any property to any person or to do or omit to do anything which he would not do or omit if he were not deceived, and which causes or is likely to cause damage or injury to that person in his body, mind, reputation or property. The offense of cheating thus includes deception by false promise, or by false representation of a past or existing fact, or by concealment of a fact, or by promising to do anything which has not intention of performing. The maximum punishment for cheating is imprisonment for seven years and also fine.
Criminal Trespass : A person is said to commit criminal trespass if he enters or is in any property belonging to another and with intent to commit an offense or to intimidate, insult or annoy any person in possession of such property. Section 329 also prescribes the punishment for criminal trespass, which is imprisonment for a term which shall not exceed three months, or with fine, or with both.
A person who makes any false document or part of a document with intent to damage or injury or to support any claim or title, or to induce any person to part with property or to enter into any express or implied contract or to commit any fraud, shall be punished with imprisonment up to two years, or with fine, or with both.
Any person who makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that it will harm the reputation of such person, shall be punished with imprisonment up to two years, or with fine, or with both.
Section 799 of the Bharatiya Nyaya Sanhita punishes insult to modesty of a woman. Whoever, with the intention of insulting the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or by any man who is relative or associate of such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment extendable to three years, and shall also be liable to fine.
Bharatiya Nyaya Sanhita or previously IPC is a comprehensive and elaborate legal framework and provides the foundation of criminal law in India. Understanding the major provisions of the Act is extremely important for lawyers, especially the practicing advocates, especially those who practice in the field of criminal law. This write-up tries to enumerate some of the most significant and frequently used sections of the BNS that every lawyer must be aware of. Understanding the provisions of the BNS would help the advocates practice the law effectively and ensure that justice is delivered in accordance with the law.
