Bharatiya Nyaya Sanhita, 2023 Flashcards
Section 1
Short title, commencement, and application
What is the short title of the Bharatiya Nyaya Sanhita, 2023?
The short title is “Bharatiya Nyaya Sanhita, 2023.”
When does the Bharatiya Nyaya Sanhita, 2023 come into effect?
01-07-2024
Does the Bharatiya Nyaya Sanhita, 2023 apply to offences committed outside India?
Yes, it applies to offences committed by Indian citizens abroad, on Indian registered ships or aircraft, and for offences targeting computer resources in India.
Section 2
Definitions
How is “act” defined in the Bharatiya Nyaya Sanhita, 2023?
“Act” refers to both a series of acts and a single act.
What is meant by “counterfeit” under the Sanhita?
A person is said to “counterfeit” when they cause one thing to resemble another with the intent to practice deception or knowing it is likely to cause deception.
Who is considered a “public servant” under the Bharatiya Nyaya Sanhita, 2023?
A “public servant” includes judges, military officers, government officers, and other persons as defined under the section.
Section 4
Punishments
What types of punishments are prescribed under the Bharatiya Nyaya Sanhita, 2023?
he punishments include Death, Imprisonment for life, Rigorous or Simple Imprisonment, Forfeiture of property, Fine, and Community Service.
Section 5
Commutation of sentence of death or imprisonment for life
Can a death sentence be commuted under this Sanhita?
Yes, the appropriate Government may commute a death sentence to any other form of punishment.
Section 6
Fractions of terms of punishment
How is imprisonment for life calculated in terms of years under this Sanhita?
Imprisonment for life is equivalent to twenty years unless otherwise specified.
Section 14
Act done by a person bound, or by mistake of fact believing himself bound, by law
Is an act done under a mistake of fact considered an offence under this section?
No, if a person believes in good faith that they are bound by law to do an act, it is not an offence
Section 15
Act of Judge when acting judicially
Can a Judge be held liable for an act done in judicial capacity?
No, a Judge acting in good faith under judicial authority is not liable for an offence
Section 10
Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
How is a person punished if they are found guilty of one of several offences but the exact offence is doubtful?
The person is punished for the offence with the lowest punishment if the punishments differ.
Section 11
Solitary confinement
Under what circumstances can solitary confinement be imposed?
Solitary confinement can be imposed as part of rigorous imprisonment, not exceeding three months in total, depending on the length of the sentence.
Section 12
Limit of solitary confinement
What are the limits of solitary confinement under this section?
Solitary confinement cannot exceed fourteen days at a time, with intervals between periods that are at least as long as the periods of confinement.
Section 13
Enhanced punishment for certain offences after previous conviction
What is the enhanced punishment for repeat offenders of certain offences?
A repeat offender under Chapters X or XVII may be sentenced to life imprisonment or imprisonment up to ten years.
Section 14
Act done by a person bound, or by mistake of fact believing himself bound, by law
Is an act done by a person under a mistaken belief that they are bound by law considered an offence?
No, if a person believes in good faith that they are bound by law to do the act, it is not an offence.
Section 15
Act of Judge when acting judicially
Can a Judge be held liable for an offence for actions taken while acting judicially?
No, a Judge is not liable for actions taken in good faith while acting within judicial authority.
Section 16
Section 16: Act done pursuant to the judgment or order of Court
Section 17
Act done by a person justified, or by mistake of fact believing himself, justified, by law
Is an act done in pursuance of a court order considered an offence?
No, as long as the person believes in good faith that the court had jurisdiction to issue the order, the act is not an offence.
Is an act done by someone who believes they are justified by law to do it an offence?
No, if the person acts in good faith believing they are justified by law, the act is not an offence.
Section 19
Act likely to cause harm, but done without criminal intent, and to prevent other harm
Section 18
Accident in doing a lawful act
Is an accidental harm caused while doing a lawful act considered an offence?
No, if the harm was caused without criminal intent while performing a lawful act with due care, it is not an offence.
Is an act that causes harm but is done without criminal intent to prevent greater harm considered an offence?
No, as long as the act was done in good faith to prevent or avoid other harm, it is not an offence
Section 20
Act of a child under seven years of age
Is an act done by a child under seven years of age considered an offence?
No, an act done by a child under seven years of age is not considered an offence.
Section 23
Act of a person incapable of judgment by reason of intoxication caused against his will
Section 21
Act of a child above seven and under twelve of immature understanding
Section 22
Act of a person of mental illness
Is an act done by a child above seven and under twelve considered an offence?
No, if the child has not attained sufficient maturity of understanding to judge the nature and consequences of the act, it is not an offence.
Is an act done by a person with mental illness considered an offence?
No, if the person is incapable of knowing the nature of the act or that it is wrong due to mental illness, it is not an offence.
Is intoxication a defense for an offence that requires specific intent or knowledge?
No, a person who commits an act while intoxicated is liable as if they were sober, unless the intoxication was involuntary.
