Section 1: (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. Short title,

commencement
(2) It shall come into force on such date as the Central Government may, by notification and
in the Official Gazette, appoint, and different dates may be appointed for different provisions application.
of this Sanhita.

2 THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
_____________________________________________________________
____________

(3) Every person shall be liable to punishment under this Sanhita and not otherwise for
every act or omission contrary to the provisions thereof, of which he shall be guilty within
India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an
offence committed beyond India shall be dealt with according to the provisions of this
Sanhita for any act committed beyond India in the same manner as if such act had been
committed within India.
(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting
a computer resource located in India.
Explanation.—In this section, the word “offence” includes every act committed outside
India which, if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India.
He can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service of the Government of India
or the provisions of any special or local law.
exact.
letters, figures or marks are formed, or whether the evidence is intended for, or may be
used in a Court or not.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ 3
_____________________________________________________________
____________

Illustrations.
(a) A writing expressing the terms of a contract, which may be used as evidence
of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence,
is a document.
(e) A writing containing directions or instructions is a document.
beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this
exception, on the ground of his having been compelled by his associates to do anything that
is an offence by law.
done, or attempted to be done, by a public servant, as such, unless he knows or has reason
to believe, that the person doing the act is such public servant.
of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts
to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration.
A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing
that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally
causes A to apprehend C. Here B abets by instigation the apprehension of C.
offence although the abettor may not himself be bound to do that act.
majora.
watching carried out in a place which, in the circumstances, would reasonably be expected to
provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered
only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is
not of a kind ordinarily done in public.

28 THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
_____________________________________________________________
____________

otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the
person so disposing of such female shall, until the contrary is proved, be presumed to have
disposed of her with the intent that she shall be used for the purpose of prostitution.
buys, hires or otherwise obtains possession of a female under the age of eighteen years
shall, until the contrary is proved, be presumed to have obtained possession of such female
with the intent that she shall be used for the purpose of prostitution.

under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other,
shall be deemed to have caused his death.

32 THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
_____________________________________________________________
____________

power of self-control by grave and sudden provocation, causes the death of the person who
gave the provocation or causes the death of any other person by mistake or accident:
Provided that the provocation is not,––
(a) sought or voluntarily provoked by the offender as an excuse for killing or
doing harm to any person;
(b) given by anything done in obedience to the law, or by a public servant in the
lawful exercise of the powers of such public servant;
(c) given by anything done in the lawful exercise of the right of private defence.
Explanation.—Whether the provocation was grave and sudden enough to prevent
the offence from amounting to murder is a question of fact.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ 33
_____________________________________________________________
____________

Illustrations.
(a) A, under the influence of passion excited by a provocation given by Z, intentionally
kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and
the death of the child was not caused by accident or misfortune in doing an act caused by the
provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at
Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight.
A kills Z. Here A has not committed murder, but merely culpable homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by
the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing
done by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a
word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by
these words, and kills Z. This is murder.
(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays
hold of A to prevent him from doing so. A is moved to sudden and violent passion in
consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing
done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending
to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that
purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A
is guilty of murder.
which has acidic or corrosive character or burning nature, that is capable of causing bodily
injury leading to scars or disfigurement or temporary or permanent disability.
an offence under this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an
excuse for the offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a
public servant, in the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done in the lawful exercise of the right
of private defence.
exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude,
beggary or forced removal of organs.

made verbally or otherwise.

property, is not the subject of theft; but it becomes capable of being the subject of theft as
soon as it is severed from the earth.
within the meaning of this section.
Illustration.
A finds a Government promissory note belonging to Z, bearing a blank endorsement.
A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan,
intending at a future time to restore it to Z. A has committed an offence under this section.
exempted under section 17 of the Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952 or not who deducts the employee’s contribution from the wages payable 19 of 1952.
to the employee for credit to a Provident Fund or Family Pension Fund established by any
law for the time being in force, shall be deemed to have been entrusted with the amount of the
contribution so deducted by him and if he makes default in the payment of such contribution
to the said Fund in violation of the said law, shall be deemed to have dishonestly used the
amount of the said contribution in violation of a direction of law as aforesaid.
intend to cause loss or damage to the owner of the property injured or destroyed. It is
sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage
to any person by injuring any property, whether it belongs to that person or not.
Illustrations.
(a) A signs his own name to a bill of exchange, intending that it may be believed that
the bill was drawn by another person of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in
order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and
negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,
knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of
forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same
name. A endorses the bill in his own name, intending to cause it to be believed that it was
endorsed by the person to whose order it was payable; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the
seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent
and for a long period and dates the lease six months prior to the seizure, with intent to
defraud A, and to cause it to be believed that the lease was granted before the seizure. B,
though he executes the lease in his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and
with intent to defraud his creditors; and in order to give a colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and antedates the
note, intending that it may be believed to have been made before A was on the point of
insolvency. A has committed forgery under the first head of the definition.
if the imputation would harm the reputation of that person if living, and is intended to be
hurtful to the feelings of his family or other near relatives.
person, if it be for the public good that the imputation should be made or published. Whether
or not it is for the public good is a question of fact.