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Bharatiya Nyaya Sanhita (BNS)

New criminal code replacing IPC from July 1, 2024. Covers offences against the State, public tranquility, human body, property, and more.

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X, Y, and Z formed an intention to commit theft from a warehouse. During execution, Z unexpectedly commits rape on a woman found inside. X and Y had no knowledge of Z's intention to commit rape. What is the criminal liability of X and Y?

a.They are liable for rape under Section 34 BNS 2023 as they were part of the group

b.They are liable only for theft, not rape, as rape was not part of their common intention

c.They are liable for both theft and rape as they entered the warehouse together

d.They are liable for rape under vicarious liability principles

A and B jointly attack C with intent to cause grievous hurt. A uses a sword, B uses a lathi. Due to A's sword blow, C dies. Under Section 34 BNS 2023, what is the liability?

a.Only A is liable for murder; B is liable for voluntarily causing hurt

b.Both A and B are liable for murder as the death resulted from their common intention to cause grievous hurt

c.B is liable for murder as principal; A is liable as accomplice

d.Neither can be convicted of murder as they intended only grievous hurt, not death

A, B, and C decide to rob a shop. During the robbery, A shoots the shopkeeper without prior agreement. B and C were unaware that A carried a weapon. Which of the following is correct regarding their liability under Section 34 BNS 2023?

a.All three are liable for murder as they shared common intention

b.Only A is liable for murder; B and C are liable only for robbery as the shooting was not in furtherance of their common intention

c.B and C are liable for murder as they participated in the robbery which led to the shooting

d.None are liable for murder as the act was committed by A alone

Under Section 34 BNS 2023, what is the essential ingredient that must be present for liability of all persons acting together?

a.Physical presence of all accused at the scene of crime

b.Prior meeting and discussion regarding the crime

c.Common intention to commit an offence or knowledge that the act is likely to be committed

d.Proof that each accused directly committed part of the offence

Three friends, P, Q, and R, decide to "teach a lesson" to someone who insulted them. They agree that only mild force will be used. During the confrontation, P loses control and severely injures the victim, causing permanent disability. What is the liability of Q and R under Section 34 BNS 2023?

a.Liable only for hurt, not for grievous hurt

b.Liable for grievous hurt as they were part of the group

c.Liable for the actual injury caused as they were physically present

d.Not liable beyond their agreed scope unless they knew the act was likely to cause such injury

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Key Topics in Bharatiya Nyaya Sanhita (BNS)

Offences Against Human Body – Culpable Homicide and MurderHIGH

Distinction between culpable homicide and murder, exceptions to murder (grave and sudden provocation, exceeding right of private defence, sudden fight), punishment provisions, and landmark case interpretations on intention vs knowledge

General Exceptions to Criminal LiabilityHIGH

Mistake of fact, judicial acts, accident, necessity, infancy, unsoundness of mind, intoxication, consent, private defence of body and property including extent and limits of right of private defence

Joint and Constructive Criminal LiabilityHIGH

Common intention under Section 3(5), common object, abetment by instigation/conspiracy/intentional aid, criminal conspiracy, and distinction between common intention and common object

Offences Against Women and ChildrenHIGH

Rape and aggravated rape, sexual assault, assault or criminal force to outrage modesty, stalking, voyeurism, kidnapping and abduction, trafficking of persons, and offences against children

Theft, Extortion, Robbery, and DacoityHIGH

Essential ingredients of theft, distinction between extortion and theft, robbery and its distinction from extortion, dacoity, making or possessing instruments for theft, and punishment provisions

Cheating, Fraud, and Property OffencesMEDIUM

Cheating and dishonestly inducing delivery of property, cheating by impersonation, criminal misappropriation, criminal breach of trust, mischief, criminal trespass, and house-breaking

Hurt, Grievous Hurt, and Wrongful ConfinementMEDIUM

Simple and grievous hurt, voluntarily causing hurt and grievous hurt by dangerous weapons, wrongful restraint, wrongful confinement, assault and criminal force, and punishment gradations

Defamation, False Evidence, and Offences Against Public JusticeMEDIUM

Definition and exceptions to defamation, libel and slander, giving false evidence and fabricating evidence, perjury, obstruction of public servant, and offences relating to public justice

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