Bharatiya Nyaya Sanhita, 2023

Question 1

Section 1

Answer 1

Short title, commencement, and application

Question 2

What is the short title of the Bharatiya Nyaya Sanhita, 2023?

Answer 2

The short title is “Bharatiya Nyaya Sanhita, 2023.”

Question 3

When does the Bharatiya Nyaya Sanhita, 2023 come into effect?

Answer 3

01-07-2024

Question 4

Does the Bharatiya Nyaya Sanhita, 2023 apply to offences committed outside India?

Answer 4

Yes, it applies to offences committed by Indian citizens abroad, on Indian registered ships or aircraft, and for offences targeting computer resources in India.

Question 5

Section 2

Answer 5

Definitions

Question 6

How is “act” defined in the Bharatiya Nyaya Sanhita, 2023?

Answer 6

“Act” refers to both a series of acts and a single act.

Question 7

What is meant by “counterfeit” under the Sanhita?

Answer 7

A person is said to “counterfeit” when they cause one thing to resemble another with the intent to practice deception or knowing it is likely to cause deception.

Question 8

Who is considered a “public servant” under the Bharatiya Nyaya Sanhita, 2023?

Answer 8

A “public servant” includes judges, military officers, government officers, and other persons as defined under the section.

Question 9

Section 4

Answer 9

Punishments

Question 10

What types of punishments are prescribed under the Bharatiya Nyaya Sanhita, 2023?

Answer 10

he punishments include Death, Imprisonment for life, Rigorous or Simple Imprisonment, Forfeiture of property, Fine, and Community Service.

Question 11

Section 5

Answer 11

Commutation of sentence of death or imprisonment for life

Question 12

Can a death sentence be commuted under this Sanhita?

Answer 12

Yes, the appropriate Government may commute a death sentence to any other form of punishment.

Question 13

Section 6

Answer 13

Fractions of terms of punishment

Question 14

How is imprisonment for life calculated in terms of years under this Sanhita?

Answer 14

Imprisonment for life is equivalent to twenty years unless otherwise specified.

Question 15

Section 14

Answer 15

Act done by a person bound, or by mistake of fact believing himself bound, by law

Question 16

Is an act done under a mistake of fact considered an offence under this section?

Answer 16

No, if a person believes in good faith that they are bound by law to do an act, it is not an offence

Question 17

Section 15

Answer 17

Act of Judge when acting judicially

Question 18

Can a Judge be held liable for an act done in judicial capacity?

Answer 18

No, a Judge acting in good faith under judicial authority is not liable for an offence

Question 19

Section 10

Answer 19

Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

Question 20

How is a person punished if they are found guilty of one of several offences but the exact offence is doubtful?

Answer 20

The person is punished for the offence with the lowest punishment if the punishments differ.

Question 21

Section 11

Answer 21

Solitary confinement

Question 22

Under what circumstances can solitary confinement be imposed?

Answer 22

Solitary confinement can be imposed as part of rigorous imprisonment, not exceeding three months in total, depending on the length of the sentence.

Question 23

Section 12

Answer 23

Limit of solitary confinement

Question 24

What are the limits of solitary confinement under this section?

Answer 24

Solitary confinement cannot exceed fourteen days at a time, with intervals between periods that are at least as long as the periods of confinement.

Question 25

Section 13

Answer 25

Enhanced punishment for certain offences after previous conviction

Question 26

What is the enhanced punishment for repeat offenders of certain offences?

Answer 26

A repeat offender under Chapters X or XVII may be sentenced to life imprisonment or imprisonment up to ten years.

Question 27

Section 14

Answer 27

Act done by a person bound, or by mistake of fact believing himself bound, by law

Question 28

Is an act done by a person under a mistaken belief that they are bound by law considered an offence?

Answer 28

No, if a person believes in good faith that they are bound by law to do the act, it is not an offence.

Question 28

Section 15

Answer 28

Act of Judge when acting judicially

Question 29

Can a Judge be held liable for an offence for actions taken while acting judicially?

Answer 29

No, a Judge is not liable for actions taken in good faith while acting within judicial authority.

Question 30

Section 16

Answer 30

Section 16: Act done pursuant to the judgment or order of Court

Question 31

Section 17

Answer 31

Act done by a person justified, or by mistake of fact believing himself, justified, by law

Question 32

Is an act done in pursuance of a court order considered an offence?

Answer 32

No, as long as the person believes in good faith that the court had jurisdiction to issue the order, the act is not an offence.

Question 33

Is an act done by someone who believes they are justified by law to do it an offence?

Answer 33

No, if the person acts in good faith believing they are justified by law, the act is not an offence.

Question 34

Section 19

Answer 34

Act likely to cause harm, but done without criminal intent, and to prevent other harm

Question 34

Section 18

Answer 34

Accident in doing a lawful act

Question 35

Is an accidental harm caused while doing a lawful act considered an offence?

Answer 35

No, if the harm was caused without criminal intent while performing a lawful act with due care, it is not an offence.

Question 36

Is an act that causes harm but is done without criminal intent to prevent greater harm considered an offence?

Answer 36

No, as long as the act was done in good faith to prevent or avoid other harm, it is not an offence

Question 37

Section 20

Answer 37

Act of a child under seven years of age

Question 38

Is an act done by a child under seven years of age considered an offence?

Answer 38

No, an act done by a child under seven years of age is not considered an offence.

Question 39

Section 23

Answer 39

Act of a person incapable of judgment by reason of intoxication caused against his will

Question 39

Section 21

Answer 39

Act of a child above seven and under twelve of immature understanding

Question 39

Section 22

Answer 39

Act of a person of mental illness

Question 39

Is an act done by a child above seven and under twelve considered an offence?

Answer 39

No, if the child has not attained sufficient maturity of understanding to judge the nature and consequences of the act, it is not an offence.

Question 40

Is an act done by a person with mental illness considered an offence?

Answer 40

No, if the person is incapable of knowing the nature of the act or that it is wrong due to mental illness, it is not an offence.

Question 41

Is intoxication a defense for an offence that requires specific intent or knowledge?

Answer 41

No, a person who commits an act while intoxicated is liable as if they were sober, unless the intoxication was involuntary.

Question 42

Is an act done by someone intoxicated against their will considered an offence?

Answer 42

No, if the intoxication was against the person's will or without their knowledge, the act is not considered an offence.

Question 43

Section 24

Answer 43

Offence requiring a particular intent or knowledge committed by one who is intoxicated

Question 44

Can an act that causes harm but was not intended to cause death or grievous hurt be an offence if done with consent?

Answer 44

No, if the act was done with the consent of a person over eighteen years of age, and the harm was not intended, it is not an offence.

Question 45

Section 25

Answer 45

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Question 46

Section 26

Answer 46

Act not intended to cause death, done by consent in good faith for person’s benefit