1

BNS CONCEPT DIFFERENCE

PREPARATION ATTEMPT

1 Preparation is an executory Act, it comes Attempt is an Executed Act. Attempt is direct

before an attempt. movement towards the Commission after the
Preparation is made

2 Example: A purchases Knife to murder B. Example: A purchases poison and mixes it in the
Mere purchase of Knife which is a meal of his wife with intention to kill her. It is an
preparation. attempt.

3 Stage: Preparation is an Act of arranging all Stage: Attempt is an act done as per the planning
the necessary means or articles or which amounts to offence in all cases.
commodities to do an illegal act.

4 Knowledge: Only the person who intends to Knowledge : Once the attempt is complete it
commit the crime knows fact manifests

(Common Intention) (Common Object)

According to Section 3(5), the number of Section 190 requires a minimum of five people.
participants must be greater than one.

Section 3(5) does not constitute a distinct crime but Section 190 establishes a particular offence.
rather establishes a rule of proof.

Section 3(5) requires that the common intention be Section 190 requires that the common item be one
of any type. of the objects listed in Section 189(1)

Section 3(5) necessitates a previous meeting of Prior agreement is not required under Section
minds or prearranged plot, i.e. all of the accused 189(1). It is necessary to be a member of an
parties must meet together before the actual attack unlawful assembly at the time of the offence.
takes place.

Section 3(5) requires some active participation, Section 189 does not need active involvement, and
particularly in a crime involving physical violence. responsibility arises simply by being a member of
an unlawful assembly with a shared goal.

All the persons involved are liable equally. Hence All the persons involved may not be liable equally.
active participation is not necessary. Active participation is necessary.
Does not specify any offence but states a rule of law. It describes a specific offence.
 2

ABETMENT COMMON INTENTION

1. Abetment is a stand alone offence and can be 1. Common intention is no offence on its own and
punished all by itself. has to be read with in consonance of other crimes.

2. The accused may not be present at the crime 2. Common Intention, his presence is an
scene. indispensable element and participate whether
actively or passively.

3. The crime need not be committed. 3. The crime must be committed.

Aspect Medical Insanity Legal Insanity

Definition Refers to mental illness requiring Legal determination of lack of criminal

medical treatment. responsibility.

Purpose Focuses on health and well-being of the Pertains to legal system, assessing criminal
individual. liability.

Decision–a king May not necessarily impact general Often implies a lack of decision-making
Capacity decision-making. capacity in legal matters.

Determining Diagnosed by healthcare professionals Determined by legal standards, often

Factors based on medical criteria. involving assessments by mental health
experts.

Consequences Leads to medical treatment and therapy. Can result in legal consequences, such as
commitment to a psychiatric institution.

Burden of Proof Typically diagnosed based on medical The accused often bears the burden of
evidence. proving legal insanity.
 3

CULPABLE HOMICIDE MURDER

Culpable homicide is the genus. Murder is species.

There is some intention, but it is not so much There is a strong intention to cause death Generally
stronger there shall be a plan to kill.

Less serious More serious (aggravated form of CH)

Every Culpable Homicide is not Murder. Every Murder is primarily a Culpable Homicide.

Probability of death. More probability of death.

Like hood of death Certainty of death.

Wrongful Restraint Wrongful Confinement

It is the genus, i.e. it is a wider term and includes It is a species of wrongful restraint i.e. a type of
several types of restraints under it. wrongful restraint.

It prevents a person from proceeding in a direction It keeps a person within certain circumscribing limits.
in which that person has a right to proceed.

punishable with lesser punishment. punishable with a more severe punishment than
wrongful restraint.

partial suspension of one’s liberty. There is total suspension of liberty beyond certain
circumscribing limits.

Punishment: Sec. 126 Punishment: Sec. 127

 4

FORCE / CRIMINAL FORCE- Sec ASSAULT-Sec 130

128/129

1. It is the use of intentional force on any person It denotes the preparatory acts which cause
to cause any injury or harm or fear of injury. apprehension of use of criminal force against the
person.

2. Even use of criminal force includes an There is an apprehension of use of force only and
assault. no use of real force.

3. Physical contact exists. There is no physical contact.

4. The action of the wrongdoer is completed. It is an attempt to commit criminal force.

5. In criminal force, assault is consummated by In assault, the accused must be having enough
means and ability of that person. means and ability to carry his threat into the
intended result.

6. No belief of ability is needed. The application It is necessary that the person assaulted believes that
of force is actionable even though it is the the assaulting person has the ability to apply the
slightest amount of force. force so attempted by him, on reasonable grounds.

7. It has something more in it as the intentional It is an overt act indicating sudden intention to
application of force to the person of another commit criminal force coupled with the capacity of
without lawful justification is necessary. carrying out the intention into effect.

8. As soon as the thrown falls on the person, it Throwing water upon a person is an assault.
becomes a criminal force.

9. More serious form of offence when compared A less serious form offenece compared to criminal
to assault. force.
 5

Basis Kidnapping Abduction

Provision of law Section 137 states the two types of The definition of abduction is given in
kidnapping. That is kidnapping from Section 138
India, & kidnapping from lawful
guardianship.
Age of the the female & male kidnapped should be There is no provision which puts a bar
victim under 18 years of age on the age of the person abducted,
since being a minor is not essential to
constitute this offence.
Means rea In kidnapping, the person is taken away In abduction. force, deceit or
or enticed. The means of doing these is compulsion is used to take a person
irrelevant to constitute the crime. from a place.
Removal from Here lawful guardian refers to a person In abduction, there is no concept of
lawful who is legally authorised to take care of taking a person away from his/her
guardianship a minor or a person of unsound mind. lawful guardian.
For kidnapping, it is essential that the
victim is taken away from their lawful
guardian
Consent of the Consent of the person kidnapped is In case the person abducted gives
victim immaterial, however, the consent of the his/her consent, it is considered that
guardian can be material. there is no offence.
The intention of In kidnapping the intention of the person In abduction, intention is essential to
the accused kidnapping the minor or person of determine the guilt of the accused.
unsound mind is immaterial.
Nature and Since kidnapping is a substantive Since abduction is an auxiliary
Punishment offence, offence, it does not have a general
punishment prescribed Rather, the
punishment of specific types of
abduction is given in different sections

Continuity of Kidnapping is not a continuing offence. Abduction is a continuing offence

the offence because it does not end when a person
is moved from a particular place,
rather continues with every movement
from one place to the other.
Completion of The offence is completed as soon as a It is a continuing offence and involves
the offence person is taken away from the country or forcibly or deceitfully taking a person
from his/her lawful guardianship. from one place to another
 6

Basis Theft Extortion Robbery

Consent Without consent of the Consent is obtained Without consent
owner wrongfully by coercion

Subject Movable property Movable or immovable Immovable property where it

Matter property is in the form of extortion

Number of One or more persons One or more persons. One or more persons.
Offenders

Force No element of force or Exist on the person being Force/compulsion may or

compulsion put in fear of injury. may not be used.

Element of Absent Present Present

Fear

Delivery of Not delivered by the victim Delivery of property by No delivery of property by

Property victim. the victim

Criminal Misappropriation (Sec 314) Criminal breach of trust (Sec 316)

The property comes into the possession of the The property comes into possession of the accused
accused in some natural manner. either by an express entrustment or by some process.
There is conversion of property held by a person in
fiduciary capacity.

It can be only movable property It can be of any movable as well as immovable

property.

There is no contractual relationship There is contractual relationship

Non-cognizable, bailable, compoundable with Non-cognizable, bailable, non-compoundable and

permission of Court and triable by any Magistrate. triable by the Magistrate of the First Class.

Punishment:- 2 years of imprisonment or fine or Punishment:-3 years of imprisonment or fine or both

both
 7

GIVING FALSE EVIDENCE FABRICATING FALSE EVIDENCE

General intention is required. Particular Intention is necessary.

Statements may not necessarily be material. Statements must pertain to material points.
The person must be legally bound by oath to The person is not legally bound by oath.
speak truth.
Effect on the officer receiving the evidence Effect of the evidence on proceedings is
is not crucial. significant.
A judicial or non-judicial proceeding must No specific requirement for a proceeding;
be in progress. reasonable prospect suffices.

HURT GRIEVOUS HURT

Section 114 Section 116

Whoever causes bodily pain, disease or infirmity Grievous hurt explains the following kinds of
to any person is said to cause hurt. hurt – emasculation, permanent privation of the
sight of either eye, permanent privation of the
hearing of either ear,
privation of any member or joint, destruction or
permanent impairing of the powers of any
member or joint, permanent disfiguration of the
head or face, fracture or dislocation of a bone or
tooth or any hurt which endangers life or which
causes the sufferer to be during the space of 15
days in severe bodily pain, or unable to follow
his ordinary pursuits.

Less grave in comparison of grievous hurt More grave in comparison of hurt

Injuries are general in nature Injuries are specific in nature

Non-cognizable and Bailable Cognizable and Bailable