New Indian Laws - FMT (DR Atul)

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

NEW INDIAN LAWS: DR ATUL GUPTA, MD, Forensic Medicine

Yellow highlighted are most important

Indian Laws changed:

• IPC changed to BNS (Bhartiya Nyaya Sanhita). A total of 358 sections

• CrPc changed to BNSS (Bhartiya Nagarik Suraksha Sanhita). A total of 531 sections

• IEA changed to BSA (Bhartiya Sakshya Act)

Important BNS

Category BNS
1. V a r i o u s Definition 2 BNS

2. Criminal Responsibility (based on age, mental 20 - 24 BNS


illness and intoxication)
3. Consent 25 – 30 BNS
4. Sexual offences 63 – 79 BNS
5. Offences Related to marriage 80 – 87 BNS
6. Criminal Abortion 88-92 BNS
7. Offences against child 93 – 99 BNS
8.Offences affecting life ( Murder, Suicide etc) 100 – 113 BNS
9. Hurt, grievous hurt etc. 114 – 125 BNS
10. Criminal force, assault etc 128 – 136 BNS
11. False evidence 227 – 246 BNS

2 BNS: Various Definitions


Subsection 6 of 2 BNS: Death
Subsection 14 of 2 BNS: Injury
Subsection 17 of 2 BNS: Life

20 -24 BNS: Criminal Responsibility (based on age, mental illness and intoxication)
20 BNS: Child < 7 years, not responsible
21 BNS: 7-12 years, +/- responsibility, courtdecision
22 BNS: Criminal responsibility of Mentally ill (McNaughten’s)
23 BNS: Involuntary intoxication
24 BNS: Voluntary intoxication

25 – 30 BNS: Consent
25 BNS: Act not intended and not known to likely to cause death or grievous hurt, done by
consent.
26 BNS: Act not intended to cause death, done in good faith for person's benefit by consent
(e.g. surgeon doing risky surgery with consent).
27 BNS: Act in good faith for a person <12 years of age, or mentally ill by consent of the
guardian.
28 BNS: Consent under fear, misconception, < 12 year, mentally unsound, intoxication not
valid
29 BNS: Consent for acts which are offence is not valid (e.g. criminal abortion)
30 BNS: Act done in good faith for benefit of a person “without consent” in emergency

63 – 79 BNS: Sexual Offences


63 BNS: Def. Of Rape
Minimum age of girl for consent for sex: 18 yrs

64 BNS: Punishment for rape (10 years to Life)

65 BNS: Punishment for Rape in certain cases


< 16 yrs of girl (20 years to Life)
< 12 yrs of girl (20 years to Death)

66 BNS: Causing death/ vegetative state ofvictim while committing rape (20 yrs- Death)

67 BNS: Sex by husband during separation (2-7yrs)

68 BNS: Sex by person in authority (5-10 yrs)

69 BNS: Sex by using deceitful means, e.g. false promise of marriage (upto 10 years)

70 BNS: Gang rape


> 18 years (20yrs - life)
< 18 years (Life imprisonment- death)

71 BNS: Repeat offender (Life imprisonment - death)

72 BNS: Disclosure of identity of rape victim (upto 2 years)

73 BNS: Publishing any matter related to court proceedings (upto 2 years)

74 BNS: Sexual assault by criminal force (1-5 yrs)

75 BNS: Sexual harassment


physical contact / request for sexual favours / showing pornography (upto 3 years)
b) Sexually coloured remarks (upto 1 year)

76 BNS: Removal of clothes of woman (3-7 years)

77 BNS: Voyeurism
1st Offence (1-3 years)
2nd Offence (3-7 years)

78 BNS: Stalking
1st Offence (upto 3 years)
2nd Offence (upto 5 years)

79 BNS: Word, gesture or act intended to insult modesty of woman. (upto 3 years)

80 – 87 BNS: Offences related to marriage


80 BNS: Dowry Death. It is death of women within 7 years of marriage (7 yrs to life)

85 BNS: Women subjected to cruelty by husband or in laws (upto 3 years)

88 – 92 BNS: Criminal Abortion


88 BNS: Criminal abortion with mother’s consent

89 BNS Abortion without mother’s consent


90 BNS: Death of mother due to abortion

91 BNS: Act done with intent to prevent child being born alive or to cause to die after birth.

92 BNS: Causing death of quick unborn child by act amounting to culpable homicide eg. Hitting
abdomen

93 – 99 BNS: Offences against children

93 BNS: Child <12 yrs abandoned by parents


94 BNS: Newborn death concealment

100 - 113 BNS: Offences affecting Life (murder, suicide etc.)

100 BNS: Def. Of Culpable homicide

101 BNS: Def. Of Murder

103 BNS: Punishment for Murder

105 BNS: Punishment for Culpable homicide notamounting to murder

106 BNS: Death due to negligence (Punishment up to 5 years; but for medical negligence up to 2 years)

107, 108 BNS: Abetment of suicide

109 BNS: Attempt to murder

110 BNS: Attempt to culpable homicide

114-125 BNS: Hurt, Grievous Hurt

114 BNS: Def. Of hurt

115 BNS: "Voluntarily” causing hurt

116 BNS: Def. Of grievous hurt

117 BNS: "Voluntarily” causing grievous hurt

118 BNS: Hurt or G. Hurt by “dangerous weapon”

122 BNS: Hurt or G. Hurt on “Provocation”

123 BNS: Hurt by “Poison”

124 BNS: G. Hurt by Acid (Throwing or administrating etc)

128 – 136 BNS: Criminal Force and Assault

129: Defines criminal force


130: Defines Assault (attempt or threat to use criminal force)

227 – 246 BNS: False Evidence


227 BNS: Perjury definition (Giving false evidence)

228 BNS: Fabricating false evidence

229 BNS: Punishment for perjury (false evidence- upto 7 years)

234 BNS: Issuing False certificates

238 BNS: disappearance of evidence of offence

296 BNS: Obscene acts (Exhibitionism)

Important BNSS

2 BNSS: Various definitions (including Definitions of various types of offences, like bailable,
cognizable, warrant case, summon case etc) offences

33 BNSS: Crime information to police

51 BNSS: Med Exam of arrested person for any offence (forceful examination allowed)

52 BNSS: Med Exam of arrested person accused of rape (forceful examination allowed)

63 – 71 BNSS: Summons

184 BNSS: Medical examination of victim of rape

194 BNSS: Police Inquest

196 B N S S : Magistrate inquest

You might also like