Bharatiya Nyaya (Second) Sanhita, 2023 introduced in Lok Sabha

Bharatiya Nyaya (Second) Sanhita, 2023 (Bill No. 173 of 2023) is introduced in Lok Sabha on 12th December 2023. The bill seek to replace Indian Penal Code, 1860.  Earlier bill presented was withdrawn by Home Minister Amit Shah.

STATEMENT OF OBJECTS AND REASONS

In the year 1834, the first Indian Law Commission was constituted under the Chairmanship of Lord Thomas Babington Macaulay to examine the jurisdiction, power and rules of the existing Courts as well as the police establishments and the laws in force in India.

2. The Commission suggested various enactments to the Government. One of the important recommendations made by the Commission was on, the Indian Penal Code, which was enacted in 1860 and the said Code is still continuing in the country with some amendments made thereto from time to time.

3. The Government considered it expedient and necessary to review the existing criminal laws with an aim to strengthen law and order and also focus on simplifying legal procedure so that ease of living is ensured to the common man. The Government also considered to make existing laws relevant to the contemporary situation and provide speedy justice to common man. Accordingly, various stakeholders were consulted keeping in mind contemporary needs and aspirations of the people with a view to create a legal structure which is citizen centric and to secure life and liberty of the citizens.

4. It is proposed to enact a new law, by repealing the Indian Penal Code, to streamline provisions relating to offences and penalties. It is proposed to provide first time community service as one of the punishments for petty offences. The offences against women and children, murder and offences against the State have been given precedence. Some offences have been made gender neutral. In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments. A new offence on acts of armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added. The fines and punishments for various offences have also been suitably enhanced.

5. Accordingly, a Bill, namely, the Bharatiya Nyaya Sanhita, 2023 was introduced in the Lok Sabha on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs for its consideration and report. The Committee after deliberations made its recommendations in its report submitted on 10th November, 2023. The recommendations made by the Committee have been considered by the Government and it has been decided to withdraw the Bill pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the Committee that have been accepted by the Government.

6. The Notes on Clauses explains the various provisions of the Bill.

7. The Bill seeks to achieve the above objectives.

NEW DELHI;
The 9th December, 2023.

AMIT SHAH

NOTES ON CLAUSES

Clause 1 of the Bill seeks to provide short title, commencement and application of the proposed legislation.

Clause 2 of the Bill seeks to define certain words and expressions used in the proposed legislation such as act, omission, counterfeit, dishonestly, gender, good faith, offence, voluntarily, etc.

Clause 3 of the Bill seeks to provide general Explanations and expressions enumerated in the proposed legislation subject to the exceptions contained in the “General Exceptions” Chapter.

Clause 4 of the Bill seeks to provide punishments such as death, imprisonment of life, Forfeiture of property, fine and Community Service for offences provided under the provisions of the proposed Bill.

Clause 5 of the Bill relates to commutation of sentence.

This clause seeks to provide that the appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

It further explains the term “appropriate Government”.

Clause 6 of the Bill seeks to provide fractions of terms of punishment of imprisonment for life shall be reckoned as equivalent to twenty years unless otherwise provided.

Clause 7 of the Bill seeks to provide for sentence which may be either wholly or partly rigorous or simple.

It provides that in every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

Clause 8 of the Bill seeks to provide for amount of fine in default of payment of fine and imprisonment in default of payment of fine.

It provides that where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive and also provides the term or type of imprisonment under given circumstances.

It further provides that the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Clause 9 of the Bill seeks to provide for the limit of punishment for several offences.

It provides that where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

Clause 10 of the Bill seeks to provide that in all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

Clause 11 of the Bill seeks to provide the power to court for solitary confinement.

It provides that whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the given scale under this clause.

Clause 12 of the Bill seeks to provide for limit of solitary confinement in certain cases.

It provides that in executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Clause 13 of the Bill seeks to provide for enhanced punishment for certain offences after previous conviction.

Clause 14 of the Bill seeks to exempt a person who acts by mistake of fact and not by mistake of law in good faith believing himself to be bound by law to do it.

Clause 15 of the Bill seeks to provide that nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Clause 16 of the Bill seeks to exempt a person from an offence when acting under a judgment or order notwithstanding that the Court had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

Clause 17 of the Bill seeks to provide that nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Clause 18 of the Bill seeks to provide that nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Clause 19 of the Bill seeks to provide that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Clause 20 of the Bill seeks to provide that nothing is an offence which is done by a child under seven years of age.

Clause 21 of the Bill seeks to provide that nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Clause 22 of the Bill seeks to provide that nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Clause 23 of the Bill seeks to provide that nothing is an offence which is done by a person under intoxication provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Clause 24 of the Bill seeks to provide that in cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Clause 25 of the Bill seeks to provide that nothing is an offence which is not intendent to cause death, or grievous hurt when the harm done with consent of a person above eighteen years of age whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Clause 26 of the Bill seeks to provide that nothing is an offence when the act not intended to cause death done by consent in good faith and for persons’ benefit.

Clause 27 of the Bill seeks to provide that nothing is an offence when an act is done in good faith for benefit of child or person with unsound mind, by or by consent of guardian.

Clause 28 of the Bill seeks to provide that the consent is not a consent as intended by the proposed legislation when it is given under fear of injury or misconception of facts or unsoundness of mind, intoxication or by a person under twelve years of age.

Clause 29 of the Bill seeks to provide that Exceptions in clauses 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Clause 30 of the Bill seeks to provide that nothing is an offence when act done in good faith for benefit of a person without consent if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit.

It further provides that these exception shall not extend under given circumstances.

It also explains that mere pecuniary benefit is not benefit within the meaning of clauses 26, 27 and this clause.

Clause 31 of the Bill seeks to provide that no communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Clause 32 of the Bill seeks to provide that nothing is an offence done by a person except murder, and offences against the State punishable with death, which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence.

It further explains that a person who, of his own accord, or by reason of a threat of being 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 and A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

Clause 33 of the Bill seeks to provide that nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Clause 34 of the Bill seeks to provide that nothing is an offence which is done in the exercise of the right of private defence.

Clause 35 of the Bill seeks to provide that every person has a right of private defence of the body and of property subject to the restrictions contained in clause 37.

Clause 36 of the Bill seeks to provide that nothing is an offence, when an act is done in exercise of right of private defence, due to want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, however, every person has the same right of private defence against that act which he would have if the act were that offence.

Clause 37 of the Bill seeks to provide certain acts against which the right of private defence does not extend.

It further explains that A person is not deprived of the right of private defence against an act 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 and a person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

Clause 38 of the Bill seeks to provide for certain circumstances where the right of private defence of the body extends to causing death.

Clause 39 of the Bill seeks to provide that if the offence be not of any of the descriptions specified in clause 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in clause 37, to the voluntary causing to the assailant of any harm other than death.

Clause 40 of the Bill seeks to provide that the right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

Clause 41 of the Bill seeks to provides that the right of private defence of property extends, under the restrictions specified in clause 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions provided under this clause.

Clause 42 of the Bill seeks to provide the circumstances when the right of private defence of property extends to causing any harm other than death.

Clause 43 of the Bill seeks to provide that the right of private defence of property starts as soon as reasonable apprehension of danger to the property commences and continues as long as such apprehension continues under given circumstances under this clause.

Clause 44 of the Bill seeks to provide that if in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death and the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Clause 45 of the Bill seeks to provide the meaning of abetment to mean that instigation by any person to do a thing, or engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing, or intentionally aids, by any act or illegal omission, the doing of that thing.

It further explains that a person who, by wilful misrepresentation, or by wilful concealment 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 and Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Clause 46 of the Bill seeks to provide that a person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

It further explains the essentials of abetment.

Clause 47 of the Bill seeks to provide that a person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Clause 48 of the Bill seeks to provide that a person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.

Clause 49 of the Bill seeks to provide for the punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.

It further explains an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Clause 50 of the Bill seeks to provide that punishment of abetment if person abetted does act with different intention from that of abettor.

Clause 51 of the Bill seeks to provide that when an Act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it, provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Clause 52 of the Bill seeks to provide that if the act for which the abettor is liable under clause 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.

Clause 53 of the Bill seeks to provide that when an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

Clause 54 of the Bill seeks to provide that whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

Clause 55 of the Bill seeks to provide that whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Clause 56 of the Bill seeks to provide inter alia, that whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both.

Clause 57 of the Bill seeks to provide that whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.

Clause 58 of the Bill seeks to provide punishment for three years and seven years with fine stating whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design .

Clause 59 of the Bill seeks to provide for punishment to the public servant for concealing design of offence and thereby intending to facilitate such offence which it is his duty as such public servant to prevent the said offence.

Clause 60 of the Bill seeks to provide for punishment where a person intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.

Clause 61 of the Bill seeks to provide that when two or more persons agree to do, or cause to be done an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.

It further explains that it is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

It also provides punishment for being a party to a criminal conspiracy.

Clause 62 of the Bill seeks to provide for punishment for attempting to commit offences, which is punishable with imprisonment for life or other imprisonment, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Clause 63 of the Bill seeks to provide for definition of rape and such circumstances under which the offence shall be treated as rape.

It further explains the “vagina” and “consent” for the purposes of this clause.

It further provides in Exceptions 1 and 2 that a medical procedure or intervention shall not constitute rape and sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.

Clause 64 of the Bill seeks to provide punishment with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

It also provides punishment with rigorous imprisonment for rape when committed by persons such as police officer, public servant, being a member of armed forces, staff of jail etc., which may extend to for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

It further explains the terms “armed forces”, “hospitals” “police officer” and “women’s or children’s institution”.

Clause 65 of the Bill seeks to provide that whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

It further provides that whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death.

It also provides that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim and any fine imposed under sub-clause (2) shall be paid to the victim.

Clause 66 of the Bill seeks to provide for punishment for rape, if in the course of commission of rape inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Clause 67 of the Bill seeks to provide for punishment of a person to two years which may extend to seven years and also liable for fine if such person commits sexual intercourse with his own wife during separation whether under a decree of separation or otherwise, without her consent.

It further explains the term “sexual intercourse”.

Clause 68 of the Bill seeks to provide for punishment of rape, when committed by a person who is in a position of authority or in a fiduciary relationship such as public servant, superintendent or manager of jail, staff under the management of hospital etc., for term which shall not less than five years but may extend to ten years and also with fine.

It further explains the terms “sexual intercourse”, “vagina” “Superintendent” and “hospitals, women’s or children’s institution”.

Clause 69 of the Bill seeks to provide that whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

It further explains the term “deceitful means”.

Clause 70 of the Bill seeks to provide for punishment for gang rape, by one or more persons, to rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine and also provide for punishment for imprisonment for life or with death when a gang rape is committed with a woman under eighteen years of age.

It further proposed that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim and any fine imposed under this sub-clause shall be paid to the victim.

Clause 71 of the Bill seeks to provide for punishment for a repeat offender, previously convicted of an offence punishable under clauses 64, 65, 66 or clause 67 and is subsequently convicted for said clauses, with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Clause 72 of the Bill seeks to provide for punishment to offender who prints or publishes, the name or any matter which may make known the identity of any person against whom an offence under clauses 64, 65, 66, 67, 68, 69, 70 or clause 71 is alleged or found to have been committed (hereafter in this clause referred to as the victim), with imprisonment of either description for a term which may extend to two years and shall also be liable to fine subject to certain conditions.

It further provides conditions under which sub-clause (1) shall not apply.

It also explains the term “recognised welfare institution or organisation” and the printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this clause.

Clause 73 of the Bill seeks to provide that whoever prints or publishes any matter relating to any Court proceeding with respect to any offence referred to in section 72 without previous permission of such Court shall be punished with imprisonment up to two years and fine.

Clause 74 of the Bill seeks to provide that whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

Clause 75 of the Bill seeks to provide punishment for sexual harassment, such as physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; with rigorous imprisonment for a term which may extend to three years, or with fine, or with both and for making sexually coloured remarks, with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Clause 76 of the Bill seeks to provide that whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Clause 77 of the Bill seeks to provide for punishment that whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image.

It further explains the term “private act” and where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this clause.

Clause 78 of the Bill seeks to define the offence of staking and punishment thereof.

Clause 79 of the Bill seeks to provide for punishment for intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, with simple imprisonment for a term which may extend to three years, and also with fine.

Clause 80 of the Bill seeks to provide where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. It also provides punishment for dowry death with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and explains that “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.

Clause 81 of the Bill seeks to provide punishment for cohabitation or sexual intercourse by a man deceitfully inducing a woman to belief of lawful marriage, with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Clause 82 of the Bill seeks to provide that whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

It further provides in Exception that when sub-clause (1) of this clause shall not apply.

Clause 83 of the Bill seeks to provide that whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Clause 84 of the Bill seeks to provide that whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Clause 85 of the Bill seeks to provide that whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Clause 86 of the Bill defines the term “cruelty” for the purposes of clause 85.

Clause 87 of the Bill seeks to provide for punishment for kidnapping abducting or inducing woman to compel her marriage against her will for illicit intercourse, with an imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Clause 88 of the Bill seeks to provide for punishment for causing voluntary miscarriage if not caused for good faith for the purpose of saving the life of the woman, with imprisonment for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

It further explains that a woman who causes herself to miscarry, is within the meaning of this clause.

Clause 89 of the Bill seeks to provide punishment for miscarriage without consent of woman, for a term which may extend to ten years and also for fine.

Clause 90 of the Bill seeks to provide that punishment whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and when done without the consent of woman with imprisonment for life or which may extend to ten years or with fine.

It further explains that it is not essential to this offence that the offender should know that the act is likely to cause death.

Clause 91 of the Bill seeks to provide that whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Clause 92 of the Bill seeks to provide that whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Clause 93 of the Bill seeks to provide that whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

It further explains that this clause is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

Clause 94 of the Bill seeks to provide that whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Clause 95 of the Bill seeks to provide that whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence or fine provided for that offence as if the offence has been committed by such person himself.

It further explains that hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this clause.

Clause 96 of the Bill seeks to provide that whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Clause 97 of the Bill seeks to provide that whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Clause 98 of the Bill seeks to provide that whoever sells, lets to hire, or otherwise disposes of child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

It further explains that when a female under the age of eighteen years is sold, let for hire, or 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 and also to explain the term “illicit intercourse”.

Clause 99 of the Bill seeks to provide that whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.

It further explains that any prostitute or any person keeping or managing a brothel, who 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 and also to explain the term “illicit intercourse”.

Clause 100 of the Bill seeks to provide that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

It further explains that when bodily injury shall be deemed to have caused the death and causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

Clause 101 of the Bill seeks to provide that the culpable homicide is murder under the given circumstances.

It is proposed to insert Exceptions 1 to 5 to provide that when culpable homicide is not murder.

Clause 102 of the Bill seeks to provide that if a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Clause 103 of the Bill seeks to provide punishment for murder which shall be punished with death or imprisonment for life, and also fine. Sub-clause (2) further provides that when a murder is committed by a group of five or more persons acting in concert on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life and shall also be liable to fine.

Clause 104 of the Bill seeks to provide that whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.

Clause 105 of the Bill seeks to provide the punishment for culpable homicide not amounting to murder.

Clause 106 of the Bill seeks to provide that whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. It further provides that whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years and shall also be liable to fine.

Clause 107 of the Bill seeks to provide that if any child, any person with unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Clause 108 of the Bill seeks to provide that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Clause 109 of the Bill seeks to provide punishment for attempt to murder and if by that death is caused, he would be guilty of murder and shall be punished with imprisonment which may extend to ten years and also for fine and further provides that if hurt is caused by such act the punishment shall be imprisonment for life, or with fine, or with both.

Clause 110 of the Bill seeks to define attempt to commit culpable homicide not amounting to murder and provides for punishment which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Clause 111 of the Bill seeks to define organised crime to mean that any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect, material benefit including a financial benefit, shall constitute organised crime.

It further explains the terms “organised crime syndicate”, “continuing unlawful activity” and “economic offence”.

It further provides imprisonment and fine.

Clause 112 of the Bill seeks to define petty organised crime as whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.

It further explains the term “theft”.

It also provides that whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.

Clause 113 of the Bill seeks to provide that whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country in the given circumstances, committed terrorist act.

It further explains the terms “public functionary” and “counterfeit Indian currency”. It also provides punishment of imprisonment, fine.

It also explains that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this clause or under the Unlawful Activities (Prevention) Act, 1967.

Clause 114 of the Bill seeks to provide whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Clause 115 of the Bill seeks to define voluntarily causing hurt and punishment thereof.

Clause 116 of the Bill seeks to provide that hurt namely, emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either ear privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits are grievous hurt.

Clause 117 of the Bill seeks to define voluntarily causing grievous hurt and punishment thereof.

It further explains that a person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt, however, he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

Clause 118 of the Bill seeks to define voluntarily causing hurt or grievous hurt by dangerous weapons or means and punishment thereof.

Clause 119 of the Bill seeks to define voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act and punishment thereof.

Clause 120 of the Bill seeks to define voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property and punishment thereof.

Clause 121 of the Bill seeks to define voluntarily causing hurt or grievous hurt to deter public servant from his duty and punishment thereof.

Clause 122 of the Bill seeks to define voluntarily causing hurt or grievous hurt on provocation and punishment thereof.

It further explains that this clause is subject to the same proviso as Exception 1 of clause 101.

Clause 123 of the Bill seeks to define causing hurt by means of poison, etc., with intent to commit an offence and punishment thereof.

Clause 124 of the Bill seeks to define voluntarily causing grievous hurt by use of acid, etc., and punishment thereof.

It further explains the term “acid” and permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible for the purpose of this clause.

Clause 125 of the Bill seeks to define act endangering life or personal safety of others and punishment for such act, hurt and grievous hurt.

Clause 126 of the Bill seeks to define wrongful restraint and punishment thereof.

It further provides that the obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this clause.

Clause 127 of the Bill seeks to define wrongful confinement and punishment thereof. Clause 128 of the Bill seeks to define force.

Clause 129 of the Bill seeks to define criminal force as whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Clause 130 of the Bill seeks to define assault.

It further provides that mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.

Clause 131 of the Bill seeks to provide punishment for assault or criminal force otherwise than on grave provocation.

It further provides that under given circumstances grave and sudden provocation will not mitigate the punishment for an offence under this clause and whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

Clause 132 of the Bill seeks to provide punishment for assault or criminal force to deter public servant from discharge of his duty.

Clause 133 of the Bill seeks to provide punishment for assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

Clause 134 of the Bill seeks to provide punishment assault or criminal force in attempt to commit theft of property carried by a person.

Clause 135 of the Bill seeks to provide punishment assault or criminal force in attempt wrongfully to confine a person.

Clause 136 of the Bill seeks to provide punishment assault or criminal force on grave provocation.

Clause 137 of the Bill seeks to define kidnapping from India and from Lawful Guardianship and punishment thereof.

It further explains the term “lawful guardian” and this clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

Clause 138 of the Bill seeks to provide that whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Clause 139 of the Bill seeks to define kidnapping or maiming a child for purposes of begging and punishment thereof and also define the begging for the purpose of this clause.

Clause 140 of the Bill seeks to provide for kidnapping or abducting in order to murder or for ransom, etc., and punishment thereof.

Clause 141 of the Bill seeks to provide for importation of girl or boy from foreign country and punishment thereof.

Clause 142 of the Bill seeks to provide for wrongfully concealing or keeping in confinement, kidnapped or abducted person punishment thereof.

Clause 143 of the Bill seeks to provide for means and purposes of trafficking of person and punishment thereof.

It further explains the term “trafficking” and “consent of the victim”.

Clause 144 of the Bill seeks to provide for exploitation of a trafficked person and punishment thereof.

It inter alia provides that whoever, knowingly or having reason to believe that a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.

Clause 145 of the Bill seeks to provide for habitual dealing in slaves and punishment thereof.

Clause 146 of the Bill seeks to provide for unlawful compulsory labour and punishment thereof.

Clause 147 of the Bill seeks to provide that whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

Clause 148 of the Bill seeks to provide for conspiracy to commit offences punishable by clause 147 and punishment thereof.

It further provides that to constitute a conspiracy under this clause, it is not necessary that any act or illegal omission shall take place in pursuance thereof.

Clause 149 of the Bill seeks to provide for collecting arms, etc., with intention of waging war against the Government of India and punishment thereof.

Clause 150 of the Bill seeks to provide for concealing with intent to facilitate design to wage war and punishment thereof.

Clause 151 of the Bill seeks to provide for assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power and punishment thereof.

Clause 152 of the Bill seeks to provide for acts endangering sovereignty unity and integrity of India and punishment thereof.

It further provides that comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this Clause do not constitute an offence under this clause.

Clause 153 of the Bill seeks to provide for waging war against Government of any foreign State at peace with the Government of India and punishment thereof.

Clause 154 of the Bill seeks to provide for committing depredation on territories of foreign State at peace with the Government of India and punishment thereof.

Clause 155 of the Bill seeks to provide for receiving property taken by war or depredation mentioned in clauses 153 and 154 and punishment thereof.

Clause 156 of the Bill seeks to provide for public servant voluntarily allowing prisoner of state or war to escape and punishment thereof.

Clause 157 of the Bill seeks to provide for public servant negligently suffering such prisoner to escape and punishment thereof.

Clause 158 of the Bill seeks to provide for aiding escape of, rescuing or harbouring such prisoner and punishment thereof.

It further provides that State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

Clause 159 of the Bill seeks to provide that whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Clause 160 of the Bill seeks to provide for abetment of mutiny, if mutiny is committed in consequence and punishment thereof.

Clause 161 of the Bill seeks to provide for abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office and punishment thereof.

Clause 162 of the Bill seeks to provide that whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Clause 163 of the Bill seeks to provide that whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Clause 164 of the Bill seeks to provide for harbouring deserter and punishment thereof.

It further provides in the Exception that this provision does not extend to the case in which the harbour is given by the spouse of the deserter.

Clause 165 of the Bill seeks to provide for deserter concealed on board, merchant vessel through negligence of master and punishment thereof.

Clause 166 of the Bill seeks to provide for abetment of act of insubordination by soldier, sailor or airman and punishment thereof.

Clause 167 of the Bill seeks to provide that no person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957, or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.

Clause 168 of the Bill seeks to provide for wearing garb or carrying token used by soldier, sailor or airman and punishment thereof.

Clause 169 of the Bill seeks to define “candidate” and “electoral right”.

Clause 170 of the Bill seeks to provide provisions for bribery relating to electoral right.

It inter alia provides that whoever gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery.

Clause 171 of the Bill seeks to define undue influence at elections under given circumstances.

It also provides that a declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

Clause 172 of the Bill seeks to define personation at elections.

Clause 173 of the Bill seeks to provide that whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. However, bribery by treating shall be punished with fine only.

It further explains that “treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Clause 174 of the Bill seeks to provide punishment for undue influence or personation at an election.

Clause 175 of the Bill seeks to provide for false statement in connection with an election and punishment of fine.

Clause 176 of the Bill seeks to provide for illegal payments in connection with an election and punishment thereof.

Clause 177 of the Bill seeks to provide for failure to keep election account and punishment thereof.

Clause 178 of the Bill seeks to provide for counterfeiting coin, Government stamps, currency-notes or bank-notes and punishment thereof.

It further explains the terms “bank-note”, “coin”, “counterfeiting Government stamp” and “counterfeiting coin”.

Clause 179 of the Bill seeks to provide for using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes and punishment thereof.

Clause 180 of the Bill seeks to provide for possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes and punishment thereof.

It further explains that if a person establishes the possession of the forged or counterfeit coin, stamp, currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this clause.

Clause 181 of the Bill seeks to provide for making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes and punishment thereof.

Clause 182 of the Bill seeks to provide for making or using documents resembling currency-notes or bank-notes and punishment thereof.

Clause 183 of the Bill seeks to provide for effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government and punishment thereof.

Clause 184 of the Bill seeks to provide for using Government stamp known to have been before used and punishment thereof.

Clause 185 of the Bill seeks to provide for fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, and punishment thereof.

Clause 186 of the Bill seeks to provide for prohibition of fictitious stamps and punishment thereof.

Clause 187 of the Bill seeks to provide for, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, and punishment thereof.

Clause 188 of the Bill seeks to provide for unlawfully taking coining instrument from mint and punishment thereof.

Clause 189 of the Bill seeks to provide that under given common objects an assembly of five or more persons is designated an “unlawful assembly”.

It further provides the punishment for unlawful assembly.

It also explains that an assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Clause 190 of the Bill seeks to provide that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Clause 191 of the Bill seeks to provide for rioting and punishment thereof.

Clause 192 of the Bill seeks to provide for want only giving provocation with intent to cause riot- if rioting be committed; if not committed and punishment thereof.

Clause 193 of the Bill seeks to provide for liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place and punishment thereof.

Clause 194 of the Bill seeks to provide for affray and punishment thereof.

Clause 195 of the Bill seeks to provide for assaulting or obstructing public servant when suppressing riot, etc., and punishment thereof.

Clause 196 of the Bill seeks to provide for promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony and punishment thereof.

Clause 197 of the Bill seeks to provide for imputations, assertions prejudicial to national integration and punishment thereof.

Clause 198 of the Bill seeks to provide for public servant disobeying law, with intent to cause injury to any person and punishment thereof.

Clause 199 of the Bill seeks to provide for public servant disobeying direction under law and punishment thereof.

Clause 200 of the Bill seeks to provide that whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

Clause 201 of the Bill seeks to provide for public servant framing an incorrect document with intent to cause injury and punishment thereof.

Clause 202 of the Bill seeks to provide for public servant unlawfully engaging in trade and punishment thereof.

Clause 203 of the Bill seeks to provide for public servant unlawfully buying or bidding for property and punishment thereof.

Clause 204 of the Bill seeks to provide for personating a public servant and punishment thereof.

Clause 205 of the Bill seeks to provide for wearing garb or carrying token used by public servant with fraudulent intent and punishment thereof.

Clause 206 of the Bill seeks to provide for absconding to avoid service of summons or other proceeding and punishment thereof.

Clause 207 of the Bill seeks to provide for preventing service of summons or other proceeding, or preventing publication and punishment thereof.

Clause 208 of the Bill seeks to provide for non-attendance in obedience to an order from public servant and punishment thereof.

Clause 209 of the Bill seeks to provide for non-appearance in response to a proclamation under clause 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and punishment thereof.

Clause 210 of the Bill seeks to provide for omission to produce document or electronic record to public servant by person legally bound to produce it and punishment thereof.

Clause 211 of the Bill seeks to provide for omission to give notice or information to public servant by person legally bound to give it and punishment thereof.

Clause 212 of the Bill seeks to provide for furnishing false information and punishment thereof.

It further explains the terms “offence” and “offender”.

Clause 213 of the Bill seeks to provide for refusing oath or affirmation when duly required by public servant to make it and punishment thereof.

Clause 214 of the Bill seeks to provide for refusing to answer public servant authorised to question and punishment thereof.

Clause 215 of the Bill seeks to provide that whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both.

Clause 216 of the Bill seeks to provide for false statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation and punishment thereof.

Clause 217 of the Bill seeks to provide for false information, with intent to cause public servant to use his lawful power to injury of another person and punishment thereof.

Clause 218 of the Bill seeks to provide for resistance to taking of property by lawful authority of a public servant and punishment thereof.

Clause 219 of the Bill seeks to provide for obstructing sale of property offered for sale by authority of public servant and punishment thereof.

Clause 220 of the Bill seeks to provide for illegal purchase or bid for property offered for sale by authority of public servant and punishment thereof.

Clause 221 of the Bill seeks to provide for obstructing public servant in discharge of public functions and punishment thereof.

Clause 222 of the Bill seeks to provide for omission to assist public servant when bound by law to give assistance and punishment thereof.

Clause 223 of the Bill seeks to provide for disobedience to order duly promulgated by public servant and punishment thereof.

It further provides that it is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Clause 224 of the Bill seeks to provide for threat of injury to public servant and punishment thereof.

Clause 225 of the Bill seeks to provide for threat of injury to induce person to refrain from applying for protection to public servant and punishment thereof.

Clause 226 of the Bill seeks to provide for attempt to commit suicide to compel or restrain exercise of lawful power and punishment thereof.

Clause 227 of the Bill seeks to provide for giving false evidence.

It further explains the “statement” and “false statement”.

Clause 228 of the Bill seeks to provide for fabricating false evidence.

Clause 229 of the Bill seeks to provide for punishment for false evidence.

It further explains the “judicial proceeding” and “investigation”.

Clause 230 of the Bill seeks to provide for giving or fabricating false evidence with intent to procure conviction of capital offence and punishment thereof.

Clause 231 of the Bill seeks to provide for giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment and punishment thereof.

Clause 232 of the Bill seeks to provide for threatening any person to give false evidence and punishment thereof.

Clause 233 of the Bill seeks to provide for using evidence known to be false and punishment thereof.

Clause 234 of the Bill seeks to provide for issuing or signing false certificate and punishment thereof.

Clause 235 of the Bill seeks to provide for using as true a certificate known to be false and punishment thereof.

Clause 236 of the Bill seeks to provide for false statement made in declaration which is by law receivable as evidence and punishment thereof.

Clause 237 of the Bill seeks to provide for using as true such declaration knowing it to be false and punishment thereof.

It further explains the term “declaration”.

Clause 238 of the Bill seeks to provide for causing disappearance of evidence of offence, or giving false information to screen offender and punishment thereof.

Clause 239 of the Bill seeks to provide for intentional omission to give information of offence by person bound to inform and punishment thereof.

Clause 240 of the Bill seeks to provide for giving false information respecting an offence committed and punishment thereof.

Clause 241 of the Bill seeks to provide for destruction of document or electronic record to prevent its production as evidence and punishment thereof.

Clause 242 of the Bill seeks to provide for false personation for purpose of act or proceeding in suit or prosecution and punishment thereof.

Clause 243 of the Bill seeks to provide for fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution and punishment thereof.

Clause 244 of the Bill seeks to provide for fraudulent claim to property to prevent its seizure as forfeited or in execution and punishment thereof.

Clause 245 of the Bill seeks to provide for fraudulently suffering decree for sum not due and punishment thereof.

Clause 246 of the Bill seeks to provide that whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Clause 247 of the Bill seeks to provide for fraudulently obtaining decree or order for sum not due and punishment thereof.

Clause 248 of the Bill seeks to provide for false charge of offence made with intent to injure and punishment thereof.

Clause 249 of the Bill seeks to provide for harbouring offender and punishment thereof. It further explains the term “Offence”.

It also provides in Exception that this clause shall not extend to any case in which the harbour or concealment is by the spouse of the offender.

Clause 250 of the Bill seeks to provide for taking gratification, etc., to screen an offender from punishment and punishment thereof.

Clause 251 of the Bill seeks to provide for offering gratification or restoration of property in consideration of screening offender and punishment thereof.

It further provides in Exception that the provisions of this clause and clause 250 do not extend to any case in which the offence may lawfully be compounded.

Clause 252 of the Bill seeks to provide for taking gratification to help any person to recover stolen property, etc., and punishment thereof.

Clause 253 of the Bill seeks to provide for harbouring offender who has escaped from custody or whose apprehension has been ordered and punishment thereof.

It further explains the term “Offence” for this clause.

It is also provides in Exception that the provisions of this clause do not extend to the case in which the harbour or concealment is by the spouse of the person to be apprehended.

Clause 254 of the Bill seeks to provide for penalty for harbouring robbers or dacoits and punishment thereof.

It further provides that for the purposes of this clause it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.

It is also provides in Exception that the provisions of this clause do not extend to the case in which the harbour is by the spouse of the offender.

Clause 255 of the Bill seeks to provide for public servant disobeying direction of law with intent to save person from punishment or property from forfeiture and punishment thereof.

Clause 256 of the Bill seeks to provide for public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture and punishment thereof.

Clause 257 of the Bill seeks to provide for public servant in judicial proceeding corruptly making report, etc., contrary to law and punishment thereof.

Clause 258 of the Bill seeks to provide for commitment for trial or confinement by person having authority who knows that he is acting contrary to law and punishment thereof.

Clause 259 of the Bill seeks to provide for intentional omission to apprehend on part of public servant bound to apprehend and punishment thereof.

Clause 260 of the Bill seeks to provide for intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed to custody and punishment thereof.

Clause 261 of the Bill seeks to provide for escape from confinement or custody negligently suffered by public servant and punishment thereof.

Clause 262 of the Bill seeks to provide for resistance or obstruction by a person to his lawful apprehension and punishment thereof.

It further explains that the punishment in this clause is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

Clause 263 of the Bill seeks to provide inter alia for resistance or obstruction to lawful apprehension of another person and punishment thereof.

Clause 264 of the Bill seeks to provide for omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for and punishment thereof.

Clause 265 of the Bill seeks to provide for resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for and punishment thereof.

Clause 266 of the Bill seeks to provide for violation of condition of remission of punishment and punishment thereof.

Clause 267 of the Bill seeks to provide for intentional insult or interruption to public servant sitting in judicial proceeding and punishment thereof.

Clause 268 of the Bill seeks to provide for personation of assessor and punishment thereof.

Clause 269 of the Bill seeks to provide for failure by person released on bail or bond to appear in court and punishment thereof.

It further provides that the punishment under this clause is in addition to and also without prejudice to the power of the Court to order forfeiture of the bond.

Clause 270 of the Bill seeks to provide for public nuisance.

Clause 271 of the Bill seeks to provide for negligent act likely to spread infection of disease dangerous to life and punishment thereof.

Clause 272 of the Bill seeks to provide for malignant act likely to spread infection of disease dangerous to life and punishment thereof.

Clause 273 of the Bill seeks to provide for disobedience to quarantine rule and punishment thereof.

Clause 274 of the Bill seeks to provide for adulteration of food or drink intended for sale and punishment thereof.

Clause 275 of the Bill seeks to provide for sale of noxious food or drink and punishment thereof.

Clause 276 of the Bill seeks to provide for adulteration of drugs and punishment thereof.

Clause 277 of the Bill seeks to provide for sale of adulterated drugs and punishment thereof.

Clause 278 of the Bill seeks to provide for sale of drug as a different drug or preparation and punishment thereof.

Clause 279 of the Bill seeks to provide for fouling water of public spring or reservoir and punishment thereof.

Clause 280 of the Bill seeks to provide for making atmosphere noxious to health and punishment thereof.

Clause 281 of the Bill seeks to provide for rash driving or riding on a public way and punishment thereof.

Clause 282 of the Bill seeks to provide for rash navigation of vessel and punishment thereof.

Clause 283 of the Bill seeks to provide for exhibition of false light, mark or buoy and punishment thereof.

Clause 284 of the Bill seeks to provide for conveying person by water for hire in unsafe or overloaded vessel and punishment thereof.

Clause 285 of the Bill seeks to provide for danger or obstruction in public way or line of navigation and punishment thereof.

Clause 286 of the Bill seeks to provide for negligent conduct with respect to poisonous substance and punishment thereof.

Clause 287 of the Bill seeks to provide for negligent conduct with respect to fire or combustible matter and punishment thereof.

Clause 288 of the Bill seeks to provide for negligent conduct with respect to explosive substance and punishment thereof.

Clause 289 of the Bill seeks to provide for negligent conduct with respect to machinery and punishment thereof.

Clause 290 of the Bill seeks to provide for negligent conduct with respect to pulling down, repairing or constructing buildings, etc., and punishment thereof.

Clause 291 of the Bill seeks to provide for negligent conduct with respect to animal and punishment thereof.

Clause 292 of the Bill seeks to provide punishment for public nuisance in cases not otherwise provided for.

Clause 293 of the Bill seeks to provide for continuance of nuisance after injunction not to repeat or continue and punishment thereof.

Clause 294 of the Bill seeks to provide for sale, etc., of obscene books, etc., and punishment thereof.

It further provides in Exception that in the interest of science, literature, art or learning or other objects of general concern or which is kept or used bona fide for religious purposes, this clause shall not apply.

Clause 295 of the Bill seeks to provide for sale, etc., of obscene objects to child and punishment thereof.

Clause 296 of the Bill seeks to provide for obscene acts and songs and punishment thereof.

Clause 297 of the Bill seeks to provide for keeping lottery office and punishment thereof.

Clause 298 of the Bill seeks to provide for injuring or defiling place of worship, with intent to insult the religion of any class and punishment thereof.

Clause 299 of the Bill seeks to provide for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs and punishment thereof.

Clause 300 of the Bill seeks to provide for disturbing religious assembly and punishment thereof.

Clause 301 of the Bill seeks to provide for trespassing on burial places, etc., and punishment thereof.

Clause 302 of the Bill seeks to provide for uttering words, etc., with deliberate intent to wound religious feelings and punishment thereof.

Clause 303 of the Bill seeks to provide that whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

It further explains the subject, severance, removing, moving and consent in respect of commission of theft.

Clause 304 of the Bill seeks to define the offence snatching and provide that when theft is snatching and punishment thereof.

Clause 305 of the Bill seeks to provide for theft in a dwelling house, or means of transportation or place of worship, etc., and punishment thereof.

Clause 306 of the Bill seeks to provide for theft by clerk or servant of property in possession of master and punishment thereof.

Clause 307 of the Bill seeks to provide for theft after preparation made for causing death, hurt or restraint in order to committing of theft and punishment thereof.

Clause 308 of the Bill seeks to define the offence extortion and punishment thereof. Clause 309 of the Bill seeks to define the offence robbery and punishment thereof.

It further provides that the offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Clause 310 of the Bill seeks to define the offence dacoity, its preparation and commission of various perspective and punishment thereof.

Clause 311 of the Bill seeks to provide for robbery, or dacoity, with attempt to cause death or grievous hurt and punishment thereof.

Clause 312 of the Bill seeks to provide for attempt to commit robbery or dacoity when armed with deadly weapon and punishment thereof.

Clause 313 of the Bill seeks to provide for punishment for belonging to gang of robbers, etc.

Clause 314 of the Bill seeks to provide for dishonest misappropriation of property and punishment thereof.

It further provides in Explanations 1 and 2 that a dishonest misappropriation for a time only is a misappropriation within the meaning of this clause and inter alia a person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.

Clause 315 of the Bill seeks to provide for dishonest misappropriation of property possessed by deceased person at the time of his death and punishment thereof.

Clause 316 of the Bill seeks to provide for criminal breach of trust under given circumstances and punishment thereof.

It further explains the dishonestly used the amount of the employee’s contribution in violation of a direction of law.

Clause 317 of the Bill seeks to define stolen property and punishment thereof if received, retained, dealt with, assisted, concealed, disposed or made away under given circumstances.

Clause 318 of the Bill seeks to define cheating and punishment thereof.

It further explains that a dishonest concealment of facts is a deception within the meaning of this clause.

Clause 319 of the Bill seeks to define cheating by personation and punishment thereof.

It further explains that the offence is committed whether the individual personated is a real or imaginary person.

Clause 320 of the Bill seeks to provide for dishonest or fraudulent removal or concealment of property to prevent distribution among creditors and punishment thereof.

Clause 321 of the Bill seeks to provide whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Clause 322 of the Bill seeks to provide for dishonest or fraudulent execution of deed of transfer containing false statement of consideration and punishment thereof.

Clause 323 of the Bill seeks to provide for dishonest or fraudulent removal or concealment of property and punishment thereof.

Clause 324 of the Bill seeks to define mischief and punishment thereof.

It further provides in Explanations 1 and 2 that it is not essential to the offence of mischief that the offender should 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 and mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Clause 325 of the Bill seeks to provide for mischief by killing or maiming animal and punishment thereof.

Clause 326 of the Bill seeks to provide for mischief by injury, inundation, fire or explosive substance, etc., and punishment thereof.

Clause 327 of the Bill seeks to provide inter alia whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Clause 328 of the Bill seeks to provide for punishment for intentionally running vessel aground or ashore with intent to commit theft, etc., and punishment thereof.

Clause 329 of the Bill seeks to provide for criminal trespass and house-trespass and punishment thereof.

It further explains that the introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.

Clause 330 of the Bill seeks to provide for house-trespass and house-breaking.

It further explains that any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this clause.

Clause 331 of the Bill seeks to provide for punishment for house-trespass or house breaking.

Clause 332 of the Bill seeks to provide for house-trespass in order to commit offence and punishment thereof.

Clause 333 of the Bill seeks to provide for house-trespass after preparation for hurt, assault or wrongful restraint and punishment thereof.

Clause 334 of the Bill seeks to define dishonestly breaking open receptacle containing property.

Clause 335 of the Bill seeks to define making a false document.

Clause 336 of the Bill seeks to provide for forgery and forgery for the purpose of cheating and punishment thereof.

Clause 337 of the Bill seeks to provide for forgery of record of Court or of public register, etc., and punishment thereof.

It further explains the term “register”.

Clause 338 of the Bill seeks to provide for forgery of valuable security, will, etc., and punishment thereof.

Clause 339 of the Bill seeks to provide for having possession of document specified in clause 337 or 338, knowing it to be forged and intending to use it as genuine and punishment thereof.

Clause 340 of the Bill seeks to provide for forged document or electronic record and using it as genuine and punishment thereof.

Clause 341 of the Bill seeks to provide for making or possessing counterfeit seal, etc., with intent to commit forgery punishable under clause 338 and punishment thereof.

Clause 342 of the Bill seeks to provide for counterfeiting device or mark used for authenticating documents described in clause 338, or possessing counterfeit marked material and punishment thereof.

Clause 343 of the Bill seeks to provide for fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security and punishment thereof.

Clause 344 of the Bill seeks to provide for falsification of accounts and punishment thereof.

It further provides that it shall be sufficient in any charge under this clause to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.

Clause 345 of the Bill seeks to provide for property mark and punishment thereof.

Clause 346 of the Bill seeks to provide for tampering with property mark with intent to cause injury and punishment thereof.

Clause 347 of the Bill seeks to provide for counterfeiting a property mark and punishment thereof.

Clause 348 of the Bill seeks to provide for making or possession of any instrument for counterfeiting a property mark and punishment thereof.

Clause 349 of the Bill seeks to provide for selling goods marked with a counterfeit property mark and punishment thereof.

Clause 350 of the Bill seeks to provide for making a false mark upon any receptacle containing goods and punishment thereof.

Clause 351 of the Bill seeks to provide for criminal intimidation and punishment thereof.

It further explains that a threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this clause.

Clause 352 of the Bill seeks to provide for intentional insult with intent to provoke breach of peace and punishment thereof.

Clause 353 of the Bill seeks to provide for statements conducing to public mischief and punishment thereof.

It further provides in Exception that it does not amount to an offence, within the meaning of this clause, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Clause 354 of the Bill seeks to provide for act caused by inducing person to believe that he will be rendered an object of Divine displeasure and punishment thereof.

Clause 355 of the Bill seeks to provide for misconduct in public by a drunken person and punishment thereof.

Clause 356 of the Bill seeks to define defamation and punishment thereof.

It further provides in Explanations 1 to 4 that when any words, signs or visible representation is amount to defamation and when no imputation is said to harm a person’s reputation.

It also provides in Exceptions 1 to 10 that there is no any defamation under given circumstances.

Clause 357 of the Bill seeks to provide that whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind mental illness, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

Clause 358 of the Bill seeks to provide for repeal and savings of the Indian Penal Code.

FINANCIAL MEMORANDUM

The proposed legislation if enacted, is not likely to involve any expenditure, either recurring or non-recurring, from and out of the Consolidated Fund of India.

LOK SABHA

A

BILL

to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.

(Shri Amit Shah, Minister of Home Affairs and Cooperation)

MGIPMRND—460LS(S3)—09.12.2023.