Chapter 6: Bharatiya Nyaya Sanhita, 2023

CHAPTER VI: OF OFFENCES AFFECTING THE HUMAN BODY

Sub-Chapter: Of offences affecting life

Section 100: Culpable homicide

• Breakdown (Plain English): This is the foundational offense for all types of unlawful killing (including murder). “Culpable homicide” literally means “blameworthy killing.” It is the act of causing a person’s death, but only when it is done with one of the specific mental states listed below.
• The Rule: A person commits culpable homicide if they cause death by doing an act with:
  • Intention to cause death: (e.g., shooting someone in the head).
  • Intention to cause bodily injury likely to cause death: (e.g., stabbing someone in the chest, intending to harm them badly, not necessarily kill, but knowing it’s likely).
  • Knowledge that the act is likely to cause death: (e.g., firing a gun into a crowd, not intending to kill anyone specific, but knowing someone will likely die).
• Illustrations (Simplified):
  • (a) The Pit: A digs a pit and covers it with branches, intending for someone to fall in and die, or knowing it’s likely they will. Z falls in and dies. A is guilty of culpable homicide.
  • (b) The Bush: A knows Z is behind a bush. A induces B (who doesn’t know Z is there) to fire at the bush, intending to cause Z’s death or knowing it’s likely. B fires and kills Z. B may be innocent, but A is guilty of culpable homicide.
  • (c) The Fowl: A shoots at a chicken to steal it and accidentally kills B, who is behind a bush. A did not intend to kill B or know his act was likely to cause death. A is not guilty of culpable homicide (though he may be guilty of a lesser crime).
• Explanation 1 (Accelerating Death): If you cause bodily injury to a person who is already sick or weak, and that injury accelerates their death, you are still considered to have caused their death.
  • Real-World Example: A punches B, who has a serious heart condition. The shock from the punch causes B to have a fatal heart attack. A has caused B’s death.
• Explanation 2 (Proper Treatment): If you cause a bodily injury, you are responsible for the death, even if the person might have survived with “proper remedies and skillful treatment.”
  • Real-World Example: A stabs B. B is taken to a rural hospital and dies, even though a better-equipped city hospital might have saved him. A is still guilty of causing B’s death.
• Explanation 3 (Child in Womb): Causing the death of a child in the womb is not homicide. However, it is culpable homicide if the act causes the death of a living childafterany part of that child has been brought forth (emerged from the womb), even if the child hasn’t breathed or been fully born.
  • Real-World Example: During childbirth, an attacker strikes the emerging child, causing its death. This is culpable homicide.

Section 101: Murder

This section defines when the crime of “Culpable Homicide” (Section 100) becomes the more serious crime of “Murder”.

• Breakdown (Plain English): Culpable Homicide is Murderunless it falls into one of the 5 Exceptions listed below. It is Murder if the act is done with:
  • (a) The intention of causing death.
    • Real-World Example: A shoots Z with the specific goal of killing him. Z dies. A has committed murder.
  • (b) The intention of causing an injury that the offenderknowsislikelyto cause death to that specific person.
    • Real-World Example: A knows Z has a severe heart condition. A strikes Z with the intention of causing bodily harm, knowing that even a moderate blow is likely to kill Z because of his condition. Z dies. A has committed murder.
  • (c) The intention of causing a bodily injury that issufficient in the ordinary course of natureto cause death.
    • Real-World Example: A stabs Z in the chest with a large knife, intending to cause serious harm. The injury is so severe that it would kill an ordinary person. Z dies. A is guilty of murder, even if A claims he didn’t “intend to kill.”
  • (d) The knowledge that the act isso imminently dangerousthat itmust, in all probability, cause death (or a death-likely injury), and the act is done without any excuse for taking that risk.
    • Real-World Example: A, without any excuse, fires a loaded cannon into a large crowd of people. A kills one of them. A is guilty of murder, even if he didn’t have a specific plan to kill any particular individual.

Section 101: The 5 Exceptions (When Culpable Homicide is NOT Murder)

If a killing fits one of these 5 exceptions, the charge is reduced from “Murder” to “Culpable Homicide not amounting to Murder.”

Exception 1: Grave and Sudden Provocation

• Breakdown (Plain English): The act is not murder if the offender was deprived of the power of self-control by “grave and sudden provocation” and caused the death of the person who gave the provocation (or anyone else by mistake).
• This exception has 3 major exceptions of its own: It cannot be used if:
  • (a) Yousought outthe provocation as an excuse to kill or harm someone.
    • Real-World Example: A wants to kill Z, so he insults Z’s family, hoping Z will provoke him. Z shoves A, and A kills him. A cannot use this exception.
  • (b) The provocation was given by apublic servant(like a police officer) who was acting lawfully.
    • Real-World Example: Z, a police officer, lawfully arrests A. A, in a sudden rage at being arrested, kills Z. This is murder.
  • (c) The provocation was given by someonelawfully exercising their right of private defence(self-defense).
    • Real-World Example: A tries to punch Z. Z pushes A away to defend himself (lawful self-defense). A gets enraged by this “provocation” and kills Z. This is murder.
• Explanation: The court decides if the provocation was “grave and sudden” enough to make a reasonable person lose control. This is a question of fact for the trial.

Exception 2: Exceeding Private Defence

• Breakdown (Plain English): The act is not murder if the offender was acting in good faith while exercising their right of private defence (of person or property) but exceeded the power given to them by law, causing death.
• This only applies if the offender:
  1. Did not have a premeditated plan to kill.
  2. Did not intend to do more harm than was necessary for self-defense.
• Real-World Example: Z attempts to horsewhip A (which is an assault, but not life-threatening). A draws a pistol. Z continues the assault. A, believing in good faith he has no other way to stop the horsewhipping, shoots and kills Z. A has exceeded his right of self-defense (lethal force wasn’t justified), but it is not murder. It is culpable homicide.

Exception 3: Public Servant Exceeding Powers

• Breakdown (Plain English): The act is not murder if the offender is a public servant (or aiding one) acting for the “advancement of public justice” and exceeds the powers given to them by law, causing death.
• This only applies if the public servant:
  1. Acted in good faith, believing their act was lawful and necessary for their duty.
  2. Acted without ill-will (personal hatred) towards the person killed.
• Real-World Example: A police officer, in good faith, tries to arrest a rioter who is fleeing. The officer uses a level of force they believe is necessary but which is actually illegal and excessive, causing the rioter’s death. This would be culpable homicide, not murder.

Exception 4: Sudden Fight

• Breakdown (Plain English): The act is not murder if it is committed without premeditation during a sudden fight in the heat of passion upon a sudden quarrel.
• This only applies if the offender:
  1. Did not take “undue advantage.”
  2. Did not act in a “cruel or unusual manner.”
• Explanation: It doesn’t matter who started the fight or offered the first provocation.
• Real-World Example: A and B get into a sudden, heated argument in a bar, which immediately turns into a fistfight (a “sudden fight”). In the heat of passion, A picks up a heavy bottle and hits B, killing him. Since A didn’t plan this (“no premeditation”) but used a weapon in a way that could be seen as “taking undue advantage,” the court would have to decide. If it was a simple fistfight and one person fell and died, it would more clearly be culpable homicide under this exception.

Exception 5: Consent

• Breakdown (Plain English): The act is not murder if the person killed was over 18 years old and consented to suffer death or take the risk of death.
• Real-World Example: A instigates Z, a 16-year-old child, to commit suicide. Z does so. Because Z is under 18 and legally cannot consent to his own death, A is guilty of abetting murder. (This is the illustration provided in the Act).

Section 102: Culpable homicide by causing death of person other than person whose death was intended

• Breakdown (Plain English): This is often called “transferred intent” or “transferred malice.”
• The Rule: If you try to kill A (an act that is culpable homicide), but by mistake you kill B instead, you are still guilty. The law treats it exactly the same as if you had successfully killed A. Your mental state (intent to kill) is “transferred” from A to B.
• Real-World Example: A shoots at his rival, B, intending to kill him. A misses B, and the bullet hits and kills Z, an innocent bystander. A is guilty of the same level of offense (e.g., murder) as if he had shot and killed B.

Section 103: Punishment for murder

• Sub-section (1):
  • Breakdown (Plain English): The standard punishment for a person who commits murder.
  • Punishment: Death or Imprisonment for life, and a fine.
• Sub-section (2):
  • Breakdown (Plain English): This is a new provision for mob lynching. If a group of five or more persons, acting together (“in concert”), commits murder based on race, caste or community, sex, place of birth, language, personal belief, or similar grounds, then every member of that group is guilty.
  • Punishment: Death or Imprisonment for life for each member of the group, and a fine for each.

Section 104: Punishment for murder by life-convict

• Breakdown (Plain English): This applies to a person who commits murder while already serving a sentence of imprisonment for life.
• Punishment: Death or Imprisonment for life, which in this case specifically means imprisonment for the remainder of that person’s natural life.

Section 105: Punishment for culpable homicide not amounting to murder

• Breakdown (Plain English): This is the punishment for the “lesser” offense, i.e., when a killing is culpable homicide but not murder (because it fits one of the 5 Exceptions in Sec 101). The punishment depends on the offender’s mental state.
• Punishment (if done with intent to cause death/likely injury): Imprisonment for life, or imprisonment for a term from five to ten years, and a fine.
• Punishment (if done with knowledge it’s likely to cause death, but no intent): Imprisonment for up to ten years and a fine.

Section 106: Causing death by negligence

• Sub-section (1):
  • Breakdown (Plain English): This is for causing death through a rash or negligent act that is not serious enough to be culpable homicide (i.e., there was no intent or knowledge of likelihood of death).
  • Punishment (General): Imprisonment for up to five years and a fine.
  • Special rule for Doctors: If the act is done by a registered medical practitioner while performing a medical procedure, the punishment is lower.
  • Punishment (Medical): Imprisonment for up to two years and a fine.
  • Explanation: Defines “registered medical practitioner” as someone registered under the National Medical Commission Act, 2019.
• Sub-section (2):
  • Breakdown (Plain English): This is the new, much-discussed “hit-and-run” law. It applies specifically to rash and negligent driving of a vehicle that causes death.
  • The Rule: The higher punishment applies if the driver escapes without reporting it to a police officer or a Magistrate soon after the incident.
  • Punishment (Hit-and-Run): Imprisonment for up to ten years and a fine.

Section 107: Abetment of suicide of child or person of unsound mind

• Breakdown (Plain English): This is for abetting (helping, encouraging, instigating) the suicide of a person who is legally incapable of consenting to their own death.
• Applies to: A child (under 18), a person of unsound mind, a delirious person, or a person in a state of intoxication.
• Punishment: Death, or Imprisonment for life, or Imprisonment for up to ten years, and a fine.

Section 108: Abetment of suicide

• Breakdown (Plain English): This is the general offense for abetting (helping, encouraging, instigating) the suicide of any person (i.e., an adult of sound mind).
• Punishment: Imprisonment for up to ten years and a fine.
• Real-World Example: A person repeatedly harasses, threatens, or blackmails another person with the intent to drive them to suicide. If the victim commits suicide as a result, the abettor is charged under this section.

Section 109: Attempt to murder

• Sub-section (1):
  • Breakdown (Plain English): This is the crime of attempting to commit murder. It applies when a person does any act with the same intention or knowledge that would make it murder if death had actually occurred.
  • Punishment (if no hurt is caused): Imprisonment for up to ten years and a fine.
  • Punishment (if hurt is caused by the act): Imprisonment for life, or the punishment mentioned above (up to 10 years and fine).
• Sub-section (2):
  • Breakdown (Plain English): A more serious version for a person who is already serving a life sentence. If they attempt to murder and cause hurt, the punishment is higher.
  • Punishment (by life-convict, if hurt is caused): Death or Imprisonment for life (meaning for their natural life).
• Illustrations (Simplified):
  • (a) A shoots at Z to kill him, but misses. This is attempt to murder.
  • (b) A, intending to murder a child, leaves it in a desert. The child is rescued. This is attempt to murder.
  • (c) A buys a gun intending to murder Z. This is not an attempt. A fires the gun at Z. This is an attempt.
  • (d) A buys poison intending to murder Z. This is not an attempt. A places the poisoned food on Z’s table. This is an attempt.

Section 110: Attempt to commit culpable homicide

• Breakdown (Plain English): This is the crime of attempting to commit culpable homicide (not amounting to murder). It applies when a person does any act with the same intention or knowledge that would make it culpable homicide if death had occurred (e.g., an act in a sudden fight, or with grave provocation).
• Punishment (if no hurt is caused): Imprisonment for up to three years, or a fine, or both.
• Punishment (if hurt is caused by the act): Imprisonment for up to seven years, or a fine, or both.
• Illustration (Simplified): A, under grave and sudden provocation from Z, fires a pistol at him. A misses. A has committed an attempt to commit culpable homicide.

Section 111: Organised crime

This is a new and detailed section defining the very serious offense of organised crime.

• Sub-section (1): Definition of Organised Crime
  • Breakdown (Plain English): This crime is committed by any person or group (acting as a member of an organised crime syndicate or on its behalf) who engages in “continuing unlawful activity.”
  • Activities include: Kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offenses, cyber-crimes, trafficking, illicit goods/services, etc.
  • Method: Using violence, threats, intimidation, coercion, or other unlawful means.
  • Goal: To get a direct or indirect material or financial benefit.
• Explanation (i): “Organised crime syndicate”
  • Breakdown (Plain English): A group of two or more people who act as a syndicate or gang to indulge in “continuing unlawful activity.”
• Explanation (ii): “Continuing unlawful activity”
  • Breakdown (Plain English): This is a key definition. It’s not just one crime. It means an activity:
    • Prohibited by law (a cognizable offense).
    • Punishable with 3+ years in prison.
    • Undertaken by a person or syndicate.
    • For which more than one charge-sheet has been filed in the last ten years, and the court has taken cognizance (accepted the case).
• Explanation (iii): “Economic offence”
  • Breakdown (Plain English): Includes forgery, counterfeiting, hawala transactions, mass-marketing fraud, bank fraud, or any scheme to defraud people or institutions for money.
• Sub-section (2): Punishment for Committing Organised Crime
  • (a) If the act results in death:
    • Punishment: Death or Imprisonment for life, and a minimum fine of ₹10 lakh (1 million rupees).
  • (b) In any other case:
    • Punishment: Imprisonment from five years to life, and a minimum fine of ₹5 lakh (500,000 rupees).
• Sub-section (3): Punishment for Abetting, Attempting, or Assisting
  • Breakdown (Plain English): This applies to anyone who abets, attempts, conspires, or knowingly helps facilitate an organised crime, or does any act to prepare for one.
  • Punishment: Imprisonment from five years to life, and a minimum fine of ₹5 lakh.
• Sub-section (4): Punishment for Being a Member
  • Breakdown (Plain English): This punishes a person simply for being a member of an organised crime syndicate, even if they aren’t caught committing a specific act.
  • Punishment: Imprisonment from five years to life, and a minimum fine of ₹5 lakh.
• Sub-section (5): Punishment for Harbouring
  • Breakdown (Plain English): This applies to anyone who intentionally harbours (hides) or conceals a person they know has committed an organised crime.
  • Punishment: Imprisonment from three years to life, and a minimum fine of ₹5 lakh.
  • Proviso (Exception): This does not apply if the person harbouring the offender is their spouse.
• Sub-section (6): Punishment for Possessing Proceeds of Crime
  • Breakdown (Plain English): This applies to anyone who possesses property that they know was derived or obtained from an organised crime.
  • Punishment: Imprisonment from three years to life, and a minimum fine of ₹2 lakh (200,000 rupees).
• Sub-section (7): Possession of Unaccountable Property (on behalf of a member)
  • Breakdown (Plain English): If a person holds property on behalf of a member of an organised crime syndicate and cannot satisfactorily account for how they got it, they are punished.
  • Punishment: Imprisonment from three to ten years, and a minimum fine of ₹1 lakh (100,000 rupees).

Section 112: Petty organised crime

This is another new section targeting lower-level, but habitual, street-level crime.

• Sub-section (1): Definition of Petty Organised Crime
  • Breakdown (Plain English): This is when a person, as a member of a group or gang, commits acts like:
    • Theft (including pickpocketing, vehicle theft, cargo theft, card skimming, shoplifting, etc.)
    • Snatching
    • Cheating
    • Unauthorised selling of tickets
    • Unauthorised betting or gambling
    • Selling exam papers
    • Any other similar criminal act.
• Sub-section (2): Punishment
  • Punishment: Imprisonment from one to seven years, and a fine.
  • Real-World Example: A gang of pickpockets who work together on trains, or a group that runs a local illegal gambling (satta) operation, would be charged under this section.

Section 113: Terrorist act

This new section provides a comprehensive definition of a terrorist act, distinct from other laws.

• Sub-section (1): Definition of Terrorist Act
  • Breakdown (Plain English): A person commits a terrorist act if they do anything with the intent to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror in the people.
  • (a) Methods: Using bombs, explosives, firearms, lethal weapons, poisonous gases, chemicals (biological, nuclear, etc.) to cause or likely cause:
    • (i) Death or injury.
    • (ii) Loss or damage to property.
    • (iii) Disruption of essential supplies or services.
    • (iv) Damage to India’s monetary stability (e.g., counterfeiting currency).
    • (v) Damage to defense or government property (in India or abroad).
  • (b) Methods: Overawing (intimidating) by criminal force, or causing/attempting to cause the death of any public functionary.
  • (c) Methods: Detaining, kidnapping, or abducting any person and threatening to kill or injure them to compel the Government (of India, a State, or foreign) or any person/organisation to do or not do something.
• Explanation (a) & (b): Defines “public functionary” and “counterfeit Indian currency.”
• Sub-section (2): Punishment for Committing a Terrorist Act
  • (a) If the act results in death:
    • Punishment: Death or Imprisonment for life, and a fine.
  • (b) In any other case:
    • Punishment: Imprisonment from five years to life, and a fine.
• Sub-section (3): Punishment for Conspiracy, Abetment, etc.
  • Breakdown (Plain English): Punishes anyone who conspires, attempts, abets, advises, incites, or knowingly facilitates a terrorist act (or any preparation for one).
  • Punishment: Imprisonment from five years to life, and a fine.
• Sub-section (4): Punishment for Training or Recruiting
  • Breakdown (Plain English): Punishes anyone who organises training camps for terrorism or recruits people for a terrorist act.
  • Punishment: Imprisonment from five years to life, and a fine.
• Sub-section (5): Punishment for Being a Member
  • Breakdown (Plain English): Punishes a person for being a member of an organisation involved in a terrorist act.
  • Punishment: Imprisonment for up to life, and a fine.
• Sub-section (6): Punishment for Harbouring
  • Breakdown (Plain English): Punishes anyone who voluntarily harbours or conceals a person, knowing they have committed a terrorist act.
  • Punishment: Imprisonment from three years to life, and a fine.
  • Proviso (Exception): This does not apply if the person harbouring the offender is their spouse.
• Sub-section (7): Punishment for Possessing Proceeds of Terrorism
  • Breakdown (Plain English): Punishes anyone who knowingly possesses property derived from or acquired through a terrorist act.
  • Punishment: Imprisonment for up to life, and a fine.
• Explanation: A senior police officer (Superintendent of Police or higher) must decide whether to register the case under this section (BNS 113) or under the Unlawful Activities (Prevention) Act, 1967.

Of hurt

Section 114: Hurt

• Breakdown (Plain English): This is the legal definition of “hurt.” It’s not just visible injury. A person is said to “cause hurt” if they cause:
  1. Bodily pain
  2. Disease
  3. Infirmity (a state of weakness or inability to function, e.g., a temporary disability)
• Real-World Example: Slapping someone (causing bodily pain), intentionally infecting them with a disease, or giving them a substance that makes them temporarily unable to walk (causing infirmity) are all legally defined as “hurt.”

Section 115: Voluntarily causing hurt

• Sub-section (1): Definition
  • Breakdown (Plain English): A person “voluntarily causes hurt” if they do an act with the intention of causing hurt, or with the knowledge that their act is likely to cause hurt, and they do cause hurt.
• Sub-section (2): Punishment
  • Breakdown (Plain English): This is the general punishment for causing simple hurt (as long as it wasn’t on “grave provocation” – see Sec 122).
  • Punishment: Imprisonment for up to one year, or a fine up to ₹10,000, or both.

Section 116: Grievous hurt

• Breakdown (Plain English): This section lists the specific types of “hurt” that are considered “grievous” (severe). Any hurt is “grievous” if it is one of the following:
  • (a) Emasculation: Rendering a male sterile or impotent.
  • (b) Permanent privation of the sight of either eye: Permanently blinding one eye.
  • (c) Permanent privation of the hearing of either ear: Permanently deafening one ear.
  • (d) Privation of any member or joint: Loss of a limb (like a hand or leg) or a joint (like an elbow or knee).
  • (e) Destruction or permanent impairing of the powers of any member or joint: Permanently damaging a limb or joint so it no longer functions correctly, even if it’s not completely lost.
  • (f) Permanent disfiguration of the head or face: Causing a permanent scar or deformity on the head or face.
  • (g) Fracture or dislocation of a bone or tooth: Breaking or dislocating a bone or tooth.
  • (h) Any hurt which:
    1. Endangers life, OR
    2. Causes the person to be in severe bodily pain for 15 days, OR
    3. Causes the person to be unable to follow his ordinary pursuits for 15 days.
• Real-World Example: Punching someone and breaking their nose is grievous hurt under clause (g). Throwing acid that leaves a permanent scar on someone’s face is grievous hurt under clause (f).

Section 117: Voluntarily causing grievous hurt

• Sub-section (1): Definition
  • Breakdown (Plain English): A person “voluntarily causes grievous hurt” if they cause grievous hurt (from the list above) and they intended to cause grievous hurt or knew they were likely to cause grievous hurt.
  • Explanation: It doesn’t matter if you intended one kind of grievous hurt (e.g., breaking an arm) and caused another (e.g., disfiguring the face). It’s still “voluntarily causing grievous hurt.”
• Sub-section (2): Punishment (General)
  • Breakdown (Plain English): This is the general punishment for causing grievous hurt (as long as it wasn’t on “grave provocation” – see Sec 122).
  • Punishment: Imprisonment for up to seven years and a fine.
• Sub-section (3): Punishment (Causing Permanent Disability)
  • Breakdown (Plain English): A higher punishment if the grievous hurt results in permanent disability or a persistent vegetative state.
  • Punishment: Rigorous imprisonment from ten years to life (meaning natural life).
• Sub-section (4): Punishment (Group Attack / Hate Crime)
  • Breakdown (Plain English): A new provision for group attacks. If five or more persons acting together cause grievous hurt based on race, caste or community, sex, place of birth, language, personal belief, or similar grounds, every member of the group is guilty.
  • Punishment: Imprisonment for up to seven years and a fine for each member.

Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means

• Sub-section (1): CausingHurtby Dangerous Means
  • Breakdown (Plain English): This section applies when simple hurt (Sec 115) is caused using a dangerous method.
  • Dangerous Means: An instrument for shooting/stabbing/cutting, a weapon likely to cause death, fire, heated substance, poison, corrosive substance, explosive, or an animal.
  • Punishment: Imprisonment for up to three years, or a fine up to ₹20,000, or both.
• Sub-section (2): CausingGrievous Hurtby Dangerous Means
  • Breakdown (Plain English): This section applies when grievous hurt (Sec 117) is caused using any of the dangerous methods listed above.
  • Punishment: Imprisonment for life, or imprisonment from one to ten years, and a fine.
  • Real-World Example: Stabbing someone in the arm (causing simple hurt) would be charged under (1). Stabbing them and breaking a bone (causing grievous hurt) would be charged under (2).

Section 119: Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act

• Sub-section (1): CausingHurtfor Extortion
  • Breakdown (Plain English): Punishes someone who causes simple hurt for the purpose of:
    1. Extorting property or valuable security.
    2. Forcing the victim (or someone they care about) to do something illegal or that helps commit an offense.
  • Punishment: Imprisonment for up to ten years and a fine.
• Sub-section (2): CausingGrievous Hurtfor Extortion
  • Breakdown (Plain English): Punishes someone who causes grievous hurt for the same purposes listed above.
  • Punishment: Imprisonment for life, or imprisonment for up to ten years, and a fine.
• Real-World Example: A kidnapper breaks a victim’s finger (grievous hurt) to force their family to pay a ransom. This is an offense under sub-section (2).

Section 120: Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property

• Sub-section (1): CausingHurtfor Confession/Restoration
  • Breakdown (Plain English): Punishes someone who causes simple hurt for the purpose of:
    1. Extorting a confession or any information that could lead to detecting an offense.
    2. Forcing the victim (or someone they care about) to restore property or satisfy a claim.
  • Punishment: Imprisonment for up to seven years and a fine.
• Sub-section (2): CausingGrievous Hurtfor Confession/Restoration
  • Breakdown (Plain English): Punishes someone who causes grievous hurt for the same purposes listed above.
  • Punishment: Imprisonment for up to ten years and a fine.
• Illustrations (Simplified):
  • (a) A police officer tortures Z to get a confession. A is guilty under this section.
  • (b) A police officer tortures B to make him reveal where stolen property is. A is guilty.
  • (c) A revenue officer tortures Z to force him to pay his tax arrears. A is guilty.

Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty

• Sub-section (1): CausingHurtto a Public Servant
  • Breakdown (Plain English): Punishes anyone who causes simple hurt to a public servant. This applies if the act is done:
    1. While the public servant is performing their duty. OR
    2. With the intent to stop or discourage that person (or any other public servant) from performing their duty. OR
    3. As revenge for something that public servant lawfully did or tried to do.
  • Punishment: Imprisonment up to five years, or a fine, or both.
  • Real-World Example: A driver shoves a traffic police officer (a public servant) who is issuing them a ticket, causing a minor bruise (hurt), to try and stop the process. This is a crime under this section.
• Sub-section (2): CausingGrievous Hurtto a Public Servant
  • Breakdown (Plain English): This is the same offense as above, but involving grievous hurt (Sec 116).
  • Punishment: Imprisonment from one to ten years, and a fine.
  • Real-World Example: During a lawful eviction, a resident intentionally attacks a government official with a crowbar, breaking their arm (grievous hurt).

Section 122: Voluntarily causing hurt or grievous hurt on provocation

• Sub-section (1): CausingHurton Grave and Sudden Provocation
  • Breakdown (Plain English): Punishes someone who causes simple hurt (Sec 115) only because they lost control due to grave and sudden provocation from the victim.
  • Condition: They must not intend or know they are likely to hurt anyone other than the person who gave the provocation.
  • Punishment: Imprisonment up to one month, or a fine up to ₹5,000, or both.
  • Real-World Example: A makes a very offensive, personal insult to B. B instantly punches A in the face, causing a bloody lip (hurt). Since B only caused simple hurt and acted immediately, the punishment is mild because of the provocation.
• Sub-section (2): CausingGrievous Hurton Grave and Sudden Provocation
  • Breakdown (Plain English): Punishes someone who causes grievous hurt (Sec 116) due to grave and sudden provocation from the victim.
  • Condition: They must not intend or know they are likely to cause grievous hurt to anyone other than the person who gave the provocation.
  • Punishment: Imprisonment up to five years, or a fine up to ₹10,000, or both.
• Explanation: This section is subject to the same rules (provisos) as the murder exception for provocation (Sec 101, Exception 1). You can’t use this defense if you sought the provocation, or if the provocation came from a public servant acting lawfully, or from someone acting in lawful self-defense.

Section 123: Causing hurt by means of poison, etc., with intent to commit an offence

• Breakdown (Plain English): Punishes a person who gives or causes another person to take any poison, drug, or unwholesome substance. This applies if the act is done with the intent to cause hurt, commit an offense, or help commit an offense (e.g., to incapacitate the victim).
• Punishment: Imprisonment up to ten years, and a fine.
• Real-World Example: A gives Z a powerful sleeping pill, pretending it is normal medication, so A can burgle Z’s house while Z is unconscious. A is guilty under this section for causing hurt (infirmity) with intent to commit another offense (theft).

Section 124: Voluntarily causing grievous hurt by use of acid, etc.

• Sub-section (1): Causing Injury or Permanent Vegetative State (Acid Attack)
  • Breakdown (Plain English): Punishes anyone who causes permanent or partial damage, burns, maiming, disfigurement, or disability (or a permanent vegetative state) by throwing or administering acid. It applies if they had the intention or knowledge of causing such injury.
  • Punishment: Imprisonment from ten years to life (meaning natural life), and a fine.
  • Proviso 1 & 2: The fine collected must be “just and reasonable” for the victim’s medical expenses and must be paid to the victim.
• Sub-section (2): Attempted Acid Attack
  • Breakdown (Plain English): Punishes anyone who throws or attempts to throw acid (or attempts to administer it) with the intention of causing the injuries listed in (1).
  • Punishment: Imprisonment from five to seven years, and a fine.
• Explanation 1: Definition of “Acid”
  • Breakdown (Plain English): “Acid” includes any substance that is acidic, corrosive, or burning in nature, and is capable of causing bodily injury leading to scars, disfigurement, or disability. (It’s not limited to specific industrial acids).
• Explanation 2: Irreversible Injury Not Required
  • Breakdown (Plain English): To prove the crime, the prosecution does not need to show that the damage, disfigurement, or vegetative state is irreversible. The attempt/act itself is enough.

Section 125: Act endangering life or personal safety of others

• Breakdown (Plain English): Punishes a person who acts rashly or negligently in a way that endangers human life or the personal safety of others.
  • Base Punishment (Endangering Life/Safety): Imprisonment up to three months, or a fine up to ₹2,500, or both.
  • (a) If hurt is caused: Imprisonment up to six months, or a fine up to ₹5,000, or both.
  • (b) If grievous hurt is caused: Imprisonment up to three years, or a fine up to ₹10,000, or both.
  • Real-World Example: A contractor leaves a large pile of rubble unsecured next to a busy public sidewalk. This endangers public safety (base offense). If a pedestrian trips and sprains their ankle (hurt), it falls under (a). If they trip and break their hip (grievous hurt), it falls under (b).

Of Wrongful Restraint and Wrongful Confinement

Section 126: Wrongful restraint

• Sub-section (1): Definition of Wrongful Restraint
  • Breakdown (Plain English): Occurs when a person voluntarily obstructs another person, preventing them from going in a direction they have a legal right to go.
  • Exception (Private Way): Blocking a private road or path over land or water is not an offense if the person doing the obstruction in good faith believes they have a lawful right to obstruct it.
  • Illustration (A): A stops Z’s boat from proceeding down a navigable river, not believing he has a right to stop it. Z is prevented from passing. A has committed wrongful restraint.
• Sub-section (2): Punishment for Wrongful Restraint
  • Punishment: Simple imprisonment up to one month, or a fine up to ₹5,000, or both.

Section 127: Wrongful confinement

• Sub-section (1): Definition of Wrongful Confinement
  • Breakdown (Plain English): Occurs when a person wrongfully restrains another person in such a way that it prevents them from proceeding beyond certain defined limits.
  • Illustration (A): A locks Z in a room. Z is confined because he cannot go beyond the walls. A has committed wrongful confinement.
  • Illustration (B): A posts armed guards at the exits of a building and tells Z they will shoot if Z tries to leave. A wrongfully confines Z, even without physically locking him.
• Sub-section (2): Punishment (General)
  • Punishment: Imprisonment up to one year, or a fine up to ₹5,000, or both.
• Sub-section (3): Confinement for 3 or More Days
  • Punishment: Imprisonment up to three years, or a fine up to ₹10,000, or both.
• Sub-section (4): Confinement for 10 or More Days
  • Punishment: Imprisonment up to five years, and a minimum fine of ₹10,000.
• Sub-section (5): Confinement Knowing a Liberation Order Exists
  • Breakdown (Plain English): Punishes a person who continues a wrongful confinement knowing that a court order (writ for liberation) has been issued to free the confined person.
  • Punishment: Imprisonment up to two years in addition to any other punishment for the confinement, and a fine.
• Sub-section (6): Secret Confinement
  • Breakdown (Plain English): Punishes someone who confines a person in a way that indicates an intention to keep the confinement (or the location) unknown to the victim’s interested family members or public servants (like the police).
  • Punishment: Imprisonment up to three years in addition to any other punishment for the confinement, and a fine.
• Sub-section (7): Confinement for Extortion of Property/Illegal Act
  • Breakdown (Plain English): Punishes confinement used to extort property or to force the victim (or someone interested in them) to do something illegal.
  • Punishment: Imprisonment up to three years, and a fine.
• Sub-section (8): Confinement to Extort Confession/Restoration of Property
  • Breakdown (Plain English): Punishes confinement used to extort a confession, information about an offense, or to force the restoration of property (or satisfying a claim).
  • Punishment: Imprisonment up to three years, and a fine.

Of Criminal Force and Assault

Section 128: Force

• Breakdown (Plain English): This is the basic definition of physical Force for legal purposes. A person uses force on another if they cause:
  • Motion, change of motion, or cessation of motion of that person. OR
  • Motion, change, or cessation of motion of a substance that brings that substance into contact with the other person (or their clothes/carrying object), or affects their sense of feeling (e.g., splashing hot water).
• Condition: This motion/change must be caused in one of three ways:
  • (a) By his own bodily power: E.g., pushing someone.
  • (b) By disposing a substance: E.g., setting a trap that triggers a release of water.
  • (c) By inducing an animal to move: E.g., whipping a horse someone is riding to make it speed up.
• Real-World Example:
  • (a) A puts his hand on Z’s back and pushes him (bodily power).
  • (b) A opens a tap that causes a torrent of water to spray Z (disposing a substance).
  • (c) A shouts at Z’s horse, causing it to bolt (inducing an animal).
  • In all three cases, A has used “force” on Z.

Section 129: Criminal force

• Breakdown (Plain English): This section defines when ordinary Force (Sec 128) becomes Criminal Force. It is Criminal Force if a person intentionally uses force to another without that person’s consent, with the intent to:
  1. Commit any offense. OR
  2. Cause (or knowing it’s likely to cause) injury, fear, or annoyance to the person the force is used against.
• Illustration (a – Simplified): Z is sitting in a boat. A unties the rope, causing the boat to drift downriver. A used force (causing motion) and did it intentionally to annoy Z. A used Criminal Force.
• Illustration (b – Simplified): Z is riding a cart. A whips Z’s horses, making them speed up. A used force (inducing an animal to move) and did it intentionally to frighten Z. A used Criminal Force.
• Illustration (e – Simplified): A throws a stone, intending it to hit Z’s clothes. A used force (substance contact) and did it intending to annoy Z. A used Criminal Force.
• Illustration (h – Simplified): A incites a dog to spring upon Z, intending to cause Z fear. A used Criminal Force.

Section 130: Assault

• Definition of Assault
  • Breakdown (Plain English): A person commits assault if they make any gesture or preparation (like clenching a fist or raising a weapon) with the intent or knowledge that it is likely to cause another person present to believe that the perpetrator is about to use criminal force against them.
  • Real-World Example: In an argument, A raises a glass bottle as if to throw it at B. A has committed assault, even if A never threw the bottle, because the gesture caused B to believe A was about to use criminal force.
• Explanation: Words do not amount to Assault
  • Breakdown (Plain English): Mere words, by themselves, are not an assault. However, words used can explain a gesture and turn it into an assault.
  • Illustration (A): A shakes his fist at Z, intending for Z to believe A is about to strike him. A has committed assault.
  • Illustration (C): A picks up a stick and says, “I will give you a beating.” The words, combined with the action of picking up the stick, make the preparation an assault.

Section 131: Punishment for assault or criminal force otherwise than on grave provocation

• Definition of Punishment
  • Breakdown (Plain English): This is the basic punishment for using criminal force or committing assault against someone (when it is not a specific, more serious crime, and was not caused by sudden provocation).
  • Punishment: Imprisonment up to three months, or a fine up to ₹1,000, or both.
• Explanation 1: When Provocation is NOT a Defense
  • Breakdown (Plain English): Even if there was grave and sudden provocation, it won’t reduce the punishment if:
    • (a) The offender sought or provoked it: The person deliberately caused the argument to create an excuse for the assault.
    • (b) The provocation came from a public servant acting lawfully: E.g., a police officer lawfully arresting someone.
    • (c) The provocation came from someone acting in lawful self-defense: E.g., A attacks B, and B pushes A away; A cannot then claim B’s push provoked him.
• Explanation 2: Question of Fact
  • Breakdown (Plain English): Whether the provocation was serious and sudden enough to reduce the offense is a decision the court must make based on the specific facts of the case.

Section 132: Assault or criminal force to deter public servant from discharge of his duty

• Breakdown (Plain English): Punishes anyone who assaults or uses criminal force against a public servant while the public servant is performing their duty, or with the intention of stopping them (or as revenge for their duty).
  • Punishment: Imprisonment up to two years, or a fine, or both.
  • Real-World Example: A contractor tries to illegally dump waste. When a municipal health inspector (public servant) stops him, the contractor uses force to push the inspector away and drive off.

Section 133: Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

• Breakdown (Plain English): Punishes anyone who assaults or uses criminal force with the intent to dishonour the victim (and not simply due to grave and sudden provocation from the victim).
  • Punishment: Imprisonment up to two years, or a fine, or both.
  • Real-World Example: During a public meeting, A deliberately pours a bucket of water on a prominent social worker (Z) to publicly humiliate and dishonour them.

Section 134: Assault or criminal force in attempt to commit theft of property carried by a person

• Breakdown (Plain English): Punishes a person who assaults or uses criminal force specifically when they are attempting to steal property that the victim is currently wearing or carrying.
  • Punishment: Imprisonment up to two years, or a fine, or both.
  • Real-World Example: A snatcher pushes Z down to grab the wallet Z is holding in his hand. The use of force during the attempted theft makes this the relevant crime.

Section 135: Assault or criminal force in attempt to wrongfully confine a person

• Breakdown (Plain English): Punishes a person who assaults or uses criminal force in an attempt to wrongfully confine the victim.
  • Punishment: Imprisonment up to one year, or a fine up to ₹5,000, or both.
  • Real-World Example: A security guard physically blocks a shopper (Z) from leaving the store, using force to keep Z against their will because the guard mistakenly believes Z shoplifted.

Section 136: Assault or criminal force on grave provocation

• Breakdown (Plain English): Punishes a person who assaults or uses criminal force only because they were subjected to grave and sudden provocation by the victim.
  • Punishment: Simple imprisonment up to one month, or a fine up to ₹1,000, or both.
  • Note: This section provides a milder punishment than Section 131, reflecting the immediate, provoked nature of the crime.
• Explanation: This section is subject to the same rules as Section 131 (e.g., you can’t seek the provocation as an excuse).

Of Kidnapping, Abduction, Slavery and Forced Labour

Section 137: Kidnapping

• Sub-section (1): Two Kinds of Kidnapping
  • (a) Kidnapping from India:
    • Breakdown (Plain English): Taking any person beyond the borders of India without that person’s consent or the consent of someone legally authorized to consent for them.
    • Real-World Example: A smuggler (A) takes a minor (Z) across the border into a neighboring country without Z’s guardian’s knowledge.
  • (b) Kidnapping from lawful guardianship:
    • Breakdown (Plain English): Taking or enticing (luring) a child (under 18) or a person of unsound mind out of the keeping (custody or care) of their lawful guardian, without the guardian’s consent.
    • Real-World Example: A lures a 16-year-old schoolgirl (Z) away from her school bus stop without the permission of her parents, who are her lawful guardians.
  • Explanation: “Lawful guardian” includes anyone legally entrusted with the care or custody of the child/person.
  • Exception: This is not kidnapping if a person in good faith believes they are the father of an illegitimate child, or legally entitled to custody, unless their action is for an immoral or unlawful purpose.
• Sub-section (2): Punishment for Kidnapping
  • Breakdown (Plain English): General punishment for either form of kidnapping.
  • Punishment: Imprisonment up to seven years, and a fine.

Section 138: Abduction

• Definition of Abduction
  • Breakdown (Plain English): Abduction is defined as moving a person from one place to another either by force (compelling them) or by deceitful means (inducing them by trickery).
  • Note: Unlike kidnapping, which focuses on the person’s age or guardianship, abduction focuses on the means used (force/deceit) and intent (usually to commit a further crime).
  • Real-World Example: A detective pretends to be a cab driver (deceitful means) and drives a witness (Z) to an undisclosed location to prevent Z from testifying. This act is abduction.

Section 139: Kidnapping or maiming a child for purposes of begging

• Sub-section (1): Kidnapping for Begging
  • Breakdown (Plain English): Punishes anyone who kidnaps a child (Sec 137) or, not being the lawful guardian, obtains custody of a child, in order to employ or use that child for begging.
  • Punishment: Rigorous imprisonment from ten years to life, and a fine.
• Sub-section (2): Maiming for Begging
  • Breakdown (Plain English): Punishes anyone who maims (permanently injures or mutilates) a child in order to use that child for begging.
  • Punishment: Imprisonment from twenty years to life (meaning natural life), and a fine.
• Sub-section (3): Presumption of Guilt
  • Breakdown (Plain English): If a person (who is not the lawful guardian) employs or uses a child for begging, the court will presume (unless proven otherwise) that the person kidnapped the child or obtained custody for the purpose of begging.
• Sub-section (4): Definition of “Begging”
  • Breakdown (Plain English): Defines what constitutes “begging” for the purpose of this section, including:
    • (i) Asking for alms in public (even under the pretense of singing/selling).
    • (ii) Entering private property to ask for alms.
    • (iii) Exposing wounds/deformities (of self, another person, or an animal) to extort alms.
    • (iv) Using the child as an exhibit to get alms.

Section 140: Kidnapping or abducting in order to murder or for ransom, etc.

• Sub-section (1): Kidnapping/Abduction to Murder
  • Breakdown (Plain English): Punishes someone who kidnaps or abducts a person in order that the person may be murdered or put in danger of being murdered.
  • Punishment: Imprisonment for life or rigorous imprisonment up to ten years, and a fine.
  • Illustration (A): A kidnaps Z, knowing Z may be killed in a ritual sacrifice.
  • Illustration (B): A forces B away from home so that B may be murdered.
• Sub-section (2): Kidnapping/Abduction for Ransom or to Compel Government Action
  • Breakdown (Plain English): This deals specifically with political/ransom kidnapping: kidnapping a person (or keeping them detained after kidnapping) and threatening death or hurt in order to compel the Government (domestic or foreign) or any organization to do or not do an act or to pay a ransom.
  • Punishment: Death or imprisonment for life, and a fine.
• Sub-section (3): Kidnapping/Abduction to Secretly Confine
  • Breakdown (Plain English): Punishes kidnapping or abduction done with the intent to secretly and wrongfully confine the victim.
  • Punishment: Imprisonment up to seven years, and a fine.
• Sub-section (4): Kidnapping/Abduction to Subject to Grievous Hurt/Slavery/Unnatural Lust
  • Breakdown (Plain English): Punishes kidnapping or abduction done with the intent or knowledge that the victim will be subjected to grievous hurt, slavery, or unnatural lust (sexual assault).
  • Punishment: Imprisonment up to ten years, and a fine.

Section 141: Importation of girl or boy from foreign country

• Breakdown (Plain English): Punishes anyone who brings (imports) a girl under 21 or a boy under 18 into India from a foreign country. This is a crime if the person knows or intends that the child will be forced or seduced into illicit intercourse (sexual activity outside of marriage) with any other person.
• Punishment: Imprisonment up to ten years, and a fine.
• Real-World Example: A crime ring arranges for a 17-year-old girl to be brought from a neighboring country into India, knowing she is intended for forced prostitution. The act of bringing her across the border is punishable under this section.

Section 142: Wrongfully concealing or keeping in confinement, kidnapped or abducted person

• Breakdown (Plain English): Punishes anyone who hides or keeps a person in confinement, knowing that person was kidnapped or abducted.
• Punishment: The offender receives the exact same punishment as if they had been the one who originally kidnapped or abducted the person with the same criminal intention or knowledge.
• Real-World Example: A kidnaps Z. B, knowing Z was kidnapped, agrees to keep Z locked in a basement for three days to hide him from the police. B is punished just as severely as A would be for the kidnapping.

Section 143: Trafficking of person

• Sub-section (1): Definition of Trafficking
  • Breakdown (Plain English): Trafficking is defined as recruiting, transporting, harbouring, transferring, or receiving a person for the purpose of exploitation. It must be done using one of the following means:
    • (a) Threats
    • (b) Force, or any other form of coercion
    • (c) Abduction
    • (d) Practicing fraud or deception
    • (e) Abuse of power
    • (f) Inducement, including paying or receiving money to get consent from someone who has control over the victim.
• Explanation 1: “Exploitation” Defined
  • Breakdown (Plain English): Exploitation includes any act of physical exploitation or sexual exploitation, slavery or similar practices, servitude, beggary (forced begging), or forced removal of organs.
• Explanation 2: Victim Consent is Immaterial
  • Breakdown (Plain English): The crime of trafficking is committed regardless of whether the victim consented to being moved or exploited.
• Sub-section (2): Punishment (General)
  • Breakdown (Plain English): General punishment for trafficking a person.
  • Punishment: Rigorous imprisonment from seven to ten years, and a fine.
• Sub-section (3): Trafficking of More Than One Person
  • Breakdown (Plain English): If the crime involves trafficking more than one person.
  • Punishment: Rigorous imprisonment from ten years to life, and a fine.
• Sub-section (4): Trafficking of a Child
  • Breakdown (Plain English): If the crime involves trafficking a child (under 18).
  • Punishment: Rigorous imprisonment from ten years to life, and a fine.
• Sub-section (5): Trafficking of More Than One Child
  • Breakdown (Plain English): If the crime involves trafficking more than one child.
  • Punishment: Rigorous imprisonment from fourteen years to life, and a fine.
• Sub-section (6): Repeat Offender (Child Trafficking)
  • Breakdown (Plain English): If a person is convicted more than once for the trafficking of a child.
  • Punishment: Imprisonment for the remainder of that person’s natural life, and a fine.
• Sub-section (7): Public Servant/Police Officer Involvement
  • Breakdown (Plain English): If a public servant or police officer is involved in the trafficking of any person.
  • Punishment: Imprisonment for the remainder of that person’s natural life, and a fine.

Section 144: Exploitation of a trafficked person

• Sub-section (1): Exploitation of a Trafficked Child
  • Breakdown (Plain English): Punishes anyone who knowingly or with reason to believe that a child has been trafficked, engages that child for sexual exploitation.
  • Punishment: Rigorous imprisonment from five to ten years, and a fine.
• Sub-section (2): Exploitation of a Trafficked Adult
  • Breakdown (Plain English): Punishes anyone who knowingly or with reason to believe that an adult has been trafficked, engages that person for sexual exploitation.
  • Punishment: Rigorous imprisonment from three to seven years, and a fine.
• Real-World Example: A hotel owner hires an individual to work in their hotel, knowing that this person was recently trafficked (transported by coercion) and is being held for sexual servitude. The hotel owner is guilty of exploitation under this section.

Section 145: Habitual dealing in slaves

• Breakdown (Plain English): Punishes anyone who habitually imports, exports, removes, buys, sells, traffics, or deals in slaves.
• Punishment: Imprisonment for life, or imprisonment up to ten years, and a fine.
• Real-World Example: A person runs a business that regularly buys and sells individuals for forced labor on farms or in factories, treating them as property.

Section 146: Unlawful compulsory labour

• Breakdown (Plain English): Punishes anyone who unlawfully compels any person to work against their will.
• Punishment: Imprisonment up to one year, or a fine, or both.
• Real-World Example: A factory owner forces his employees to work 16-hour shifts by locking the doors and threatening them with violence if they try to leave or refuse the work.