Indian Penal Code (IPC) / Bharatiya Nyaya Sanhita (BNS) – Key Sections Explained

Culpable Homicide – Section 299 / 100

• Whoever causes death by doing an act with the intention of:

1. causing death, or

2. with the intention of causing such bodily injury as is likely to cause death, or

3. with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations

A. A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

B. A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

C. A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide.

Murder – Section 300 / 101

• Except in the cases hereinafter excepted, culpable homicide is murder:

1. if the act is done with intention of causing death, or

2. with intention of causing such bodily injury as offender knows is likely to cause death, or

3. bodily injury sufficient in ordinary course of nature to cause death, or

4. act is so imminently dangerous that it must cause death without excuse.

Punishment for Murder – Section 302 / 103

• Death penalty or life imprisonment + fine

Death by Negligence – Section 304A / 106

• Whoever causes the 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 two years, or with fine, or with both.

• Punishment: Up to 2 years imprisonment, or fine, or both

Dowry Death – Section 304B / 80

1. 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.

2. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

1. Death within 7 years of marriage + cruelty for dowry

2. Punishment: Minimum 7 years to life imprisonment

Attempt to Murder – Section 307 / 109

• Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, 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, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

• Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

• Up to 10 years imprisonment + fine
• If hurt caused → life imprisonment possible
• Life convicts → may face death penalty

Hurt – Section 319 / 114

• Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Grievous Hurt – Section 320 / 116

The following kinds of hurt only are designated as “grievous”:

1. Emasculation

2. Loss of sight

3. Loss of hearing

4. Loss of limb/joint

5. Permanent impairment

6. Disfigurement

7. Fracture/dislocation

8. Life-endangering injury or 20 days suffering

Assault – Section 351 / 130

• Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault

• Gesture or preparation causing fear of criminal force

Outraging Modesty – Section 354 / 74

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

• Punishment: 1 to 5 years imprisonment + fine

Kidnapping – Section 359 / 137(1)

• Two types:

• From India

• From lawful guardianship

Section 360 – Kidnapping from India

• Taking a person outside India without consent

Section 361 – From Lawful Guardianship

• Taking minor or person of unsound mind without guardian consent

Rape – Section 375 / 63

• Includes penetration, insertion, manipulation, or oral acts under conditions like:

• Against will

• Without consent

• Consent obtained by fear

• Misrepresentation

• Intoxication/unsoundness

• Minor (<18 years)

• Unable to communicate consent

Punishment for Rape – Section 376 / 64

• Minimum 10 years to life imprisonment + fine

Forgery – Section 463 / 336(1)

• Making false document/electronic record with intent to:

• Cause damage

• Commit fraud

• Support claims

Punishment

• Up to 2 years imprisonment or fine or both
• Bailable & non-cognizable