This category focuses on the Bharatiya Nyaya Sanhita, 2023, including its structure, definitions, offences, and the key changes introduced in India’s substantive criminal law framework.
Articles in this section draw from my criminal law practice and legal research. I cover offence-wise analysis, interpretative issues, comparisons with the IPC, practical implications for investigation and trial, and emerging questions likely to shape litigation under BNS.
Section-45 of Bhartiya Nyaya Sanhita, 2023: Abetment of a thing – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 45. A person abets the doing of a thing, who— (a) instigates any person to do that thing; or (b) engages with one or … Read more
Section-44 of Bhartiya Nyaya Sanhita, 2023: Right of private defence against deadly assault when there is risk of harm to innocent person – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 44. If in the exercise of the right of private defence against an … Read more
Section-43 of Bhartiya Nyaya Sanhita, 2023: Commencement and continuance of the right of private defence of property – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 43. The right of private defence of property,–– (a) commences when a reasonable apprehension of danger to … Read more
Section-42 of Bhartiya Nyaya Sanhita, 2023: When such right extends to causing any harm other than death – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 42. If the offence, the committing of which, or the attempting to commit which occasions the exercise … Read more
Section-41 of Bhartiya Nyaya Sanhita, 2023: When right of private defence of property extends to causing death – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 41. The right of private defence of property extends, under the restrictions specified in section 37, to … Read more
Section-40 of Bhartiya Nyaya Sanhita, 2023: Commencement and continuance of right of private defence of body – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 40. The right of private defence of the body commences as soon as a reasonable apprehension of danger … Read more
Section-39 of Bhartiya Nyaya Sanhita, 2023: When such right extends to causing any harm other than death – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 39. If the offence be not of any of the descriptions specified in section 38, the right … Read more
Section-38 of Bhartiya Nyaya Sanhita, 2023: When right to private defence of body extends to causing death – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 38. The right of private defence of the body extends, under the restrictions specified in section 37, … Read more
Section-37 of Bhartiya Nyaya Sanhita, 2023: Acts against which there is no right of private defence – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 37. (1) There is no right of private defence,–– (a) against an act which does not reasonably … Read more
Section-36 of Bhartiya Nyaya Sanhita, 2023: Right of private defence against act of a person of unsound mind, etc – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 36. When an act, which would otherwise be a certain offence, is not that offence, … Read more
Section-35 of Bhartiya Nyaya Sanhita, 2023: Right of private defence of body and of property – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 35. Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his … Read more
Section-34 of Bhartiya Nyaya Sanhita, 2023: Things done in private defence – with corresponding and equivalent Sections of IPC-Indian Penal Code. Bhartiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 (corresponding section) 34. Nothing is an offence which is done in the exercise of the right of private defence. 96. Things done in private … Read more