📘 PART 1 (One-Line Answers in Legal Language)

1. Write the short title and extent of this code.

This Act may be called The Bharatiya Nyaya Sanhita, 2023, and it extends to the whole
of India.
2. Is attempt to commit an offence punishable?
Yes. As per Section 62 of the BNS, an attempt to commit an offence, when accompanied
by an act towards its commission, is punishable.
3. Which section defines grievous hurt?
Section 114 of the BNS defines "grievous hurt" and enumerates the categories
constituting grievous hurt.
4. Is consent relevant in kidnapping?
In cases involving minors or persons of unsound mind, the consent of the person
kidnapped is immaterial under Section 137 of BNS.
5. Define Unlawful Assembly.
As per Section 187(1) of the BNS, an unlawful assembly is an assembly of five or more
persons with a common object to commit an offence.
6. What is the punishment for giving false evidence?
Under Section 227(1) of the BNS, giving false evidence before any authority is
punishable with imprisonment up to 7 years and fine.
7. What do you mean by Sexual Harassment?
As per Section 74 of BNS, sexual harassment includes unwelcome physical contact,
demands or requests for sexual favours, or any other verbal or non-verbal conduct of a
sexual nature.
8. Define Public Servant.
A Public Servant, as defined under Section 2(28) of BNS, includes any person in the
service or pay of the government, or performing public duty under authority.
9. Define Judge.
A Judge under Section 2(27) of BNS is a person legally empowered by the State to
decide legal disputes and administer justice in a court of law.

📘 PART 2 (Short Paragraph Answers in Legal Language)

1. Explain the defence of necessity.
The defence of necessity is recognized under general exceptions in Chapter III of the
BNS. An act causing harm is not an offence if it is done without criminal intent, in good
 faith, and to prevent greater harm or danger. For example, trespassing into a house to
save a child from a fire would not amount to an offence due to the urgent necessity of
action.
2. Explain the term ‘criminal force’ with an example.
According to Section 109 of the BNS, criminal force is said to be used when a person
intentionally uses force on another person, without that person’s consent, with the
intention of causing injury, fear, or annoyance. Example: If ‘A’ intentionally pushes ‘B’
to snatch his wallet, ‘A’ uses criminal force.
3. Write the provisions related to Abetment and Criminal Conspiracy.
As per Sections 61 to 63 of the BNS, abetment includes instigating, conspiring, or
intentionally aiding another in committing an offence.
Section 64 defines Criminal Conspiracy as an agreement between two or more persons to
commit an illegal act or a legal act by illegal means. Mere agreement is punishable if it is
related to a serious offence.
4. What are the provisions related to Organized Crime?
Organized crime, though not separately defined in BNS, is covered under special laws
like the Maharashtra Control of Organised Crime Act (MCOCA). Under BNS, when an
offence is committed by a group with structured planning for material gains or terror,
such acts may attract aggravated forms of punishment under organized criminal group
activities.
5. What is the essentials of theft? Explain with example.
As per Section 303 of the BNS, the essential ingredients of theft are:
• Dishonest intention,
• Taking of movable property,
• Out of the possession of another person,
• Without that person’s consent, and
• Movement of property in order to take it.
Example: ‘X’ takes ‘Y’s watch from his room secretly intending to permanently
deprive him of it—this constitutes theft.

✅ Q3 (Option 1):

"Explain the principle of mistake of fact as a defence. How is it different from mistake of
law?"
(तथ्य की भल
ू के बचाव के सिद्ातां को िमझाइए। यह काननू की भल
ू िे कै िे सभन्न है?)
🔹 Introduction:

The criminal justice system is based on the principle that a person can be punished only if
they commit an offence with a guilty mind (mens rea). However, there are certain
exceptions where a person may not be held liable for a criminal act if it was done without
criminal intent and under a mistaken belief of a factual situation. One such defence is
the mistake of fact.

The Bharatiya Nyaya Sanhita, 2023 (BNS) provides this as a valid general
defence under Chapter III, protecting individuals who act under a genuine and honest
misunderstanding of fact.

🔹 Legal Provision under BNS:

According to Section 14 of the Bharatiya Nyaya Sanhita, 2023, a person is not criminally
liable if:

“Nothing is an offence which is done by a person who, by reason of a mistake of fact and in
good faith, believes himself to be bound by law or justified by law in doing it.”

So, if an individual, because of a mistaken understanding of facts, believes they are doing
something legal, they can claim protection under this section.

🔹 Essential Ingredients of Mistake of Fact Defence:

1. Mistake must relate to a fact, not law: The mistake must be about the factual
circumstances surrounding the act.
2. Good faith belief: The act must be done with an honest and reasonable belief that it is
legal.
3. Absence of criminal intent: The person should not have intended to commit a crime.
🔹 Illustrative Example:

🔸 Suppose ‘A’ sees a man climbing into a neighbour's house through a window at night. A
thinks the person is a thief and calls the police, who arrest the man. Later, it is revealed that the
person was actually the house owner who lost his key.
➡️ Here, ‘A’ made a mistake of fact, and he acted in good faith believing the act was criminal.
Therefore, A would not be liable.

🔹 Another Real-Life Example:

A soldier on duty at the border is ordered to shoot anyone crossing the fence at night. He shoots a
person whom he mistakenly believes to be an intruder, but later it turns out the person was a
civilian.
➡️ The soldier may be protected under the mistake of fact defence because he believed, in good
faith and on reasonable grounds, that he was acting legally.

🔹 What is Mistake of Law?

The mistake of law refers to a situation where a person commits an offence because they did
not know the legal consequences or did not know the act was prohibited by law.

📌 Example: If someone argues, “I didn’t know that child marriage is illegal,” that is a mistake
of law and is not excusable.

According to legal principles, ignorance of law is not an excuse. This is based on the Latin
maxim:

"Ignorantia juris non excusat" – Ignorance of the law is no excuse.

🔹 Difference Between Mistake of Fact and Mistake of Law:
Point of
Difference Mistake of Fact Mistake of Law

Misunderstanding or ignorance of a
Nature of Mistake Misunderstanding of a factual situation legal rule

Valid Defence? Yes, under Section 14 of BNS No, never a valid defence

Believing someone to be a thief due to

Example their conduct Believing theft is not a crime

Intention (Mens
Rea) Generally absent May still be present

Treated by Court Can excuse criminal liability Does not excuse criminal liability

🔹 Why Mistake of Law is Not Excused:

If everyone claimed they didn’t know the law, it would be impossible to maintain order.
Therefore, it is presumed that every citizen is aware of the law, and failure to know the law
cannot be a basis for escaping punishment.
✅ Q3 (Option 2):

"Discuss the right of private defense. When does this right extend to causing death?"
(सनजी रक्षा के असिकार पर चचाा कीसजए। यह असिकार मृत्यु काररत करने तक कब सवस्ताररत होता है?)

🔹 Introduction:

The right of private defence is a vital legal right available to every individual. It allows a person
to protect themselves, others, or property against unlawful harm. This right is based on the
idea that the law cannot always protect a person instantly, and therefore, in emergency situations,
a person is permitted to take the law into their own hands—only to the extent of defending
themselves.

This principle is recognized under Chapter IV of the Bharatiya Nyaya Sanhita, 2023 (BNS),
which deals with General Exceptions.

⚖️ Legal Provisions:

The right of private defence is explained under the following sections of BNS:

• Section 20: Right of private defence of body.

• Section 21: Right of private defence of property.
• Section 22: Extent and limitations of the right.
• Section 23: When right of private defence of body extends to causing death.
🔹 When Can Private Defence Be Exercised?

A person can use this right when:

1. There is an imminent threat of harm to life, body, or property.

2. There is no time to seek help from public authorities.
3. The force used is proportionate to the threat.

🔹 Types of Private Defence:

1. Defence of Body (Section 20 & 23):
• Protection from assault, kidnapping, rape, wrongful confinement, etc.
• Includes the right to cause death in extreme cases.
2. Defence of Property (Section 21):
• Protection of movable or immovable property from theft, robbery, house-breaking,
mischief, or criminal trespass.
• May also extend to causing death, but only in very limited circumstances (e.g. robbery
at night with violence).

🛡️ When Does the Right Extend to Causing Death?

(Section 23 of BNS)

The right of private defence extends to causing death when a person faces any of the following
serious offences:

1. Assault that may cause death or grievous hurt.

2. Rape or attempt to commit rape.
3. Unnatural lust (sodomy).
4. Kidnapping or abduction.
5. Wrongful confinement, where there's no time for help.
6. Robbery or dacoity.
7. Housebreaking by night.
 8. Mischief by fire on a dwelling house.

In these situations, if the threat is real, immediate, and severe, a person may lawfully cause the
attacker’s death.

⚖️ Illustrative Examples:

🔸 Example 1:

If ‘A’ is attacked by a gang with deadly weapons at night in his home, and he kills one of them
while defending his life and family—he is not guilty, because his action is protected
under Section 23 of BNS.

🔸 Example 2:

If ‘B’ is walking in the street and someone tries to forcibly kidnap her, and she stabs the person
fatally while trying to escape—she can claim private defence as a legal excuse for the act.

❌ Limitations to Private Defence:

• Cannot be used when there is no immediate danger.
• Cannot be used after the threat has passed.
• The harm caused must be proportional to the danger.
• Cannot be used against lawful authority performing duties.

📌 Example: If a police officer is arresting someone legally and the person attacks the officer
claiming self-defence, it will not be accepted.
✅ Q4 (Option 1): Explain the distinction between Culpable Homicide
and Murder.

(आपरासिक मानव वि और हत्या के बीच अतां र को स्पष्ट कीसजए।)

🔹 Introduction:

Both Culpable Homicide (आपराधिक मानव वि) and Murder (हत्या) are serious offences
concerning the unlawful killing of a person, but they are not the same. Every murder is a
culpable homicide, but every culpable homicide is not murder.

Under the Bharatiya Nyaya Sanhita, 2023 (BNS):

• Section 101 defines Culpable Homicide.

• Section 102 defines Murder.
• Section 103 explains the exceptions when Culpable Homicide is not Murder.

⚖️ Legal Definitions:
🔸 1. Culpable Homicide (Section 101, BNS):

Culpable homicide means causing the death of a person:

• With the intention of causing death, or

• With the knowledge that the act is likely to cause death.

✅ It includes both intentional and unintentional killings, depending on the mental state of
the offender.
🔸 2. Murder (Section 102, BNS):

Murder is a graver form of culpable homicide. It is a culpable homicide with:

• Definite intention to cause death, or

• Clear knowledge that death will result from the act, and
• Under circumstances not falling under any of the exceptions in Section 103.

✅ It is a culpable homicide with extreme intention or cruelty.

🆚 Key Differences Between Culpable Homicide and Murder:

Basis Culpable Homicide (Section 101) Murder (Section 102)

It is a species of culpable
Nature of Offence It is the genus or broader category. homicide.

May involve lesser Involves clear intention or definite

Intention/Knowledge intention or doubtful knowledge. knowledge.

Degree of Severity Less severe than murder. More severe; a graver offence.

Under Section 105 BNS: Under Section 106 BNS: Death or

Punishment Imprisonment up to life or 10 years. life imprisonment.

Brutal, premeditated killing with

Examples Sudden fight without pre-planning. motive.
📝 Illustrative Examples:
📌 Example of Culpable Homicide:

'A' pushes 'B' in a heated argument, and 'B' falls and dies due to head injury. 'A' had no intention
to kill—this is culpable homicide, not murder.

📌 Example of Murder:

'A' poisons 'B’s food deliberately to kill him for revenge. This is a planned, intentional act, and
hence, murder.

🔹 Judicial Interpretations:
🔸 Reg v. Govinda (1876) Bombay HC

– Differentiated between intention and knowledge.

– If death is caused in a sudden fight without intention, it is culpable homicide, not murder.

🔸 State of Andhra Pradesh v. Rayavarapu Punnayya (1976) SC

– Court clarified:

“Culpable homicide is the genus, and murder is its species. All murders are culpable homicide
but not vice versa.”

✅ Q5 (Option 1):

Discuss the offence of obstructing a public servant. Explain its legal significance.
(िरकारी कमाचारी को बािा डालने के अपराि पर चचाा कीसजए और इिका काननू ी महत्व िमझाइए।)
🔹 Introduction:

The efficient working of the government depends upon the unhindered functioning of public
servants. To ensure this, Indian criminal law criminalizes any obstruction or interference with
a public servant performing lawful duty.

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), this offence is covered under:

⚖️ Section 222: Obstructing public servant in discharge of public

functions

🔹 Meaning of the Offence:

A person commits an offence if they:

• Voluntarily obstruct any public servant,

• While that public servant is lawfully discharging their public duty, or
• Attempts to stop the servant from doing something they are legally authorized to do.

🔹 Key Elements of the Offence:

1. Obstruction must be voluntary: The act must be intentional and not accidental.
2. Victim must be a public servant: The person obstructed must be a recognized
government/public official.
3. Must be acting in lawful capacity: The servant must be performing a duty legally
authorized by law.
4. Act must hinder official function: There must be real obstruction, not just
disagreement.
🔹 Legal Provision (Section 222, BNS 2023):
“Whoever voluntarily obstructs any public servant in the discharge of their public functions shall
be punished with imprisonment which may extend to 3 months, or with fine up to ₹2,000, or
with both.”

🔹 Illustrative Example:
• If a police officer is conducting a lawful search, and someone pushes or blocks them
from entering a property, it is obstruction under Section 222.
• If a government officer is serving a notice, and the receiver tears or grabs the notice, it
is obstruction.

🔹 Legal Significance:
1. ✅ Protects integrity of administration: Ensures that officials can carry out duties
without threats or interference.
2. ✅ Maintains rule of law: Helps prevent disrespect or disobedience towards legal
authority.
3. ✅ Discourages vigilantism: Citizens must seek legal remedies, not block public
servants.
4. ✅ Ensures smooth governance: Without this protection, law enforcement and civil
duties could be delayed or sabotaged.

🔹 Related Case Law:

📌 State v. Ram Dass (Delhi HC)
• A man tried to stop a food safety officer from sealing a shop.
• Held guilty under obstruction laws, as the officer was performing a legal public duty.
✅ Q5 (Option 2):

Explain the Defamation with exceptions.

(मानहासन को पररभासित कीसजए और इिके अपवाद क्या हैं?)

🔹 Introduction:

Defamation refers to the act of damaging the reputation of a person through spoken or
written words, signs, or visible representations. In a democratic society, while the freedom of
speech is protected, it cannot be misused to harm someone’s personal or professional
reputation.

In India, the offence of defamation is covered under:

✅ Section 356 to 360 of the Bharatiya Nyaya Sanhita, 2023 (BNS)

⚖️ Legal Definition: (Section 356, BNS 2023)

“Whoever, by words spoken or intended to be read, or by signs or visible representations, makes
or publishes any imputation concerning any person, intending to harm, or knowing or having
reason to believe that such imputation will harm, the reputation of such person, commits
defamation.”

In simple terms:
➡️ If you say or write something false and harmful about someone, and it lowers their
reputation in society, it can amount to defamation.
🔹 Forms of Defamation:
1. ✅ Libel – Written or published defamatory content (newspapers, books, online).
2. ✅ Slander – Spoken or gestured defamatory statements (verbal abuse, speeches).

🔹 Essential Ingredients:
1. Imputation must be made – By words, signs, or visual representations.
2. Must refer to a person – Living or even a deceased person if the intent is to harm their
reputation.
3. Must be published or communicated to a third person.
4. Must harm reputation – The person should be viewed negatively by others.

🔹 Punishment: (Section 360, BNS 2023)

Whoever commits defamation shall be punished with:
• Imprisonment up to 2 years, or
• Fine, or
• Both.

🔹 Exceptions to Defamation (Section 357, BNS):

The BNS provides 10 exceptions where statements, even if defamatory in nature, are not
punishable:
 Exception No. Description

If the statement is true and made for the benefit of the public, it is
1. Truth for public good not defamation.

2. Public conduct of public

servants Fair criticism of public servant’s conduct in official duties.

3. Public question discussion Fair opinion on any public question.

4. Report of court proceedings Publishing accurate court proceedings is not defamation.

5. Merits of case decided Opinion on judicial decisions or acts of public performance.

6. Literary criticism Fair review of books, drama, music, etc., offered to the public.

Authorized person censure of subordinates (e.g., employer to

7. Censure by authority employee).

8. Complaint to authority Accusation made in good faith to legal or administrative authority.

9. Protection of interest Statement made in good faith to protect one’s or another’s interest.

Good faith warnings to others about a person or product (e.g., fraud

10. Public interest warning alert).
🔹 Illustrative Examples:
📌 Defamation:

If ‘A’ writes in a newspaper that ‘B’ is a thief without proof, and people start avoiding ‘B’, it
is criminal defamation.

📌 Not Defamation (Exception 1):

If a journalist reports that a politician has been convicted for corruption with proof, and it
is true and for public good, it is not defamation.

🔹 Judicial Precedents:
🧑‍⚖️ Subramanian Swamy v. Union of India (2016):

Supreme Court upheld the constitutional validity of criminal defamation under Indian law,
stating that:

“Right to reputation is part of Article 21 – Right to Life.”

✅ Q6 (Option 1):

Discuss the offence of public nuisance and its relevance to the protection of public morals.
(िावाजसनक अशासां त के अपराि पर चचाा कीसजए और िावाजसनक नैसतकता की िरु क्षा में इिकी प्रािसां िकता को िमझाइए।)

🔹 Introduction:

A public nuisance is an act that unlawfully affects the comfort, convenience, or morals of the
general public. It is a crime because it harms society at large rather than an individual. The law
punishes such conduct to maintain peace, order, and public morality.

In India, this offence is defined under the:

⚖️ Section 276 of the Bharatiya Nyaya Sanhita, 2023 (BNS)

🔹 Definition of Public Nuisance (Section 276, BNS 2023):

“A person is guilty of public nuisance if they cause any common injury, danger or annoyance to
the public or people in general who dwell or occupy property in the vicinity.”
🔹 Essentials of Public Nuisance:
1. ✅ Unlawful Act or Omission: The act must be illegal or fail to perform a legal duty.
2. ✅ Affects the Public at Large: The nuisance must not be private; it must disturb a
community or neighborhood.
3. ✅ Harm or Danger: It must cause common injury, danger to
health, comfort, property, or morals.
4. ✅ Continuing in Nature: Usually, public nuisance is repetitive or continuous rather
than a one-time act.

🔹 Examples of Public Nuisance:

• Running a factory emitting harmful smoke near a residential area.
• Blocking public roads or drains.
• Running illegal liquor shops or brothels in residential localities.
• Loudspeakers, fireworks, or garbage dumping in public places.

🔹 Punishment (Section 276, BNS):

Imprisonment up to 6 months, or fine up to ₹5,000, or both.

🔹 Relevance to Protection of Public Morals:

Public nuisance is not only about physical inconvenience but also about moral discomfort to
the society. Here’s how it helps protect public morality:
✅ 1. Prevents Immoral Activities:

Illegal gambling, prostitution, or drug use in public places can morally degrade society.
Declaring them as public nuisances discourages their spread.

✅ 2. Preserves Social Harmony:

Public nuisance laws ensure no person’s act causes tension, discomfort, or moral injury to the
surrounding population.

✅ 3. Maintains Decency in Public Spaces:

Law curbs activities like public indecency, vulgar displays, or obscenity that might influence
children or offend general public decency.

✅ 4. Protects Religious and Cultural Sentiments:

Blocking temples, mosques, or disturbing religious events through noise or misconduct is

punishable to preserve respect for public sentiment.

🔹 Judicial Precedent:
🧑‍⚖️ Govind Singh v. State of M.P.

The Madhya Pradesh High Court held that an unauthorized liquor shop in a residential area
causing discomfort to women and children was a public nuisance, not just a licensing issue.

✅ Q6 (Option 2):
Explain the theories of punishment and the types of punishment under the Bharatiya
Nyaya Sanhita, 2023.
(दडां के सिद्ातां ों तथा भारतीय न्याय िसां हता, 2023 के अतां िात दडां के प्रकारों को स्पष्ट कीसजए।)

🔹 Introduction:

The concept of punishment in criminal law is based on the idea of maintaining law and
order and ensuring justice to victims and society. The law prescribes punishments to:

• Prevent crimes
• Reform the offender
• Provide justice to victims
• Deter others from committing similar crimes

🔸 A. Theories of Punishment:

There are five main theories of punishment that justify the objectives of penal law:

⚖️ 1. Deterrent Theory (निवारक सिद्ाांत):

• The main purpose is to deter or prevent the offender and the public from committing
crimes.
• The fear of punishment acts as a warning to others.

🧾 Example: Strict punishments for rape, murder, and terrorism to discourage such acts.
⚖️ 2. Retributive Theory (प्रनतशो् सिद्ाांत):
• Based on the idea of revenge or retribution – “An eye for an eye.”
• The offender deserves to suffer in proportion to the harm done.

🧾 Example: Death penalty in cases of brutal murder (like Nirbhaya case).

⚖️ 3. Preventive Theory (निवारक सिद्ाांत):

• Focuses on preventing the criminal from committing further crimes
by incapacitation (e.g., imprisonment or death).
• Protects society by removing the offender.

🧾 Example: Life imprisonment for habitual offenders.

⚖️ 4. Reformative Theory (ि्

ु ारात्मक सिद्ाांत):
• Aims to reform the criminal into a law-abiding citizen.
• Focus on education, counselling, prison reforms.

🧾 Example: Juvenile justice and parole system.

⚖️ 5. Compensatory Theory (प्रनतपूरक सिद्ाांत):

• The offender should compensate the victim for the harm done.
 • Seeks to restore the victim’s loss along with punishing the wrongdoer.

🧾 Example: Compensation in motor vehicle accident cases.

🔸 B. Types of Punishment under BNS, 2023:

Under the Bharatiya Nyaya Sanhita, 2023, punishments are classified as per Section 4:

🔹 1. Death Penalty (मत्ृ यद

ु ां ड):
• Awarded in the rarest of rare cases, such as terrorism, brutal murder, etc.
• Decided only when no other punishment is adequate.

🧾 Example: Planned, barbaric murders, or rape with extreme cruelty.

🔹 2. Imprisonment for Life (आजीवि कारावाि):

• The offender remains in prison for the entire natural life, unless remitted by the
government.

🧾 Example: Multiple murders, acid attacks, kidnapping for ransom.

🔹 3. Imprisonment – Rigorous or Simple (िश्रम या िा्ारण कारावाि):
• Rigorous: With hard labour (e.g., for serious crimes).
• Simple: Without hard labour (e.g., minor offences).

🧾 Example: Theft may attract rigorous imprisonment.

🔹 4. Forfeiture of Property (िांपत्ति की जब्ती):

• The court can order the confiscation of property acquired through crime.
• Often used in economic offences or crimes involving illegal gains.

🧾 Example: Drug trafficking, corruption cases.

🔹 5. Fine (जुमाािा):
• Imposed alone or with other punishments.
• The amount depends on the nature and gravity of the offence.

🧾 Example: Traffic violations, defamation, or public nuisance.