jftLVªh lañ Mhñ ,yñ—( ,u) 04@0007@2003—23 REGISTERED NO. DL—(N)04/0007/2003—23
सी.जी.-डी.एल.-अ.-25122023-250883
xxxGIDHxxx
CG-DL-E-25122023-250883
xxxGIDExxx
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 53] ubZ fnYyh] lkseokj] fnlEcj 25] 2023@ ikS"k 4] 1945 ¼'kd½
No. 53] NEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
25th December, 2023 and is hereby published for general information:—
THE BHARATIYA NYAYA SANHITA, 2023
NO. 45 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the provisions relating to offences and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:––
CHAPTERI
PRELIMINARY
1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. Short title,
commencement
(2) It shall come into force on such date as the Central Government may, by notification and
in the Official Gazette, appoint, and different dates may be appointed for different provisions application.
of this Sanhita.
, 2 THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
___________________________________________________________
________________________________________________________
_____________________________________________________________
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for
every act or omission contrary to the provisions thereof, of which he shall be guilty within
India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an
offence committed beyond India shall be dealt with according to the provisions of this
Sanhita for any act committed beyond India in the same manner as if such act had been
committed within India.
(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting
a computer resource located in India.
Explanation.—In this section, the word “offence” includes every act committed outside
India which, if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India.
He can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service of the Government of India
or the provisions of any special or local law.
Definitions. 2. In this Sanhita, unless the context otherwise requires,––
(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that resemblance to practise deception,
or knowing it to be likely that deception will thereby be practised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be
exact.
Explanation 2.—When a person causes one thing to resemble another thing,
and the resemblance is such that a person might be deceived thereby, it shall be
presumed, until the contrary is proved, that the person so causing the one thing to
resemble the other thing intended by means of that resemblance to practise deception
or knew it to be likely that deception would thereby be practised;
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a
body of Judges which is empowered by law to act judicially as a body, when such
Judge or body of Judges is acting judicially;
(6) “death” means the death of a human being unless the contrary appears from
the context;
(7) “dishonestly” means doing anything with the intention of causing wrongful
gain to one person or wrongful loss to another person;
(8) “document” means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, and includes
electronic and digital record, intended to be used, or which may be used, as evidence
of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the
letters, figures or marks are formed, or whether the evidence is intended for, or may be
used in a Court or not.
, Sec. 1] THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ 3
___________________________________________________________
________________________________________________________
_____________________________________________________________
Illustrations.
(a) A writing expressing the terms of a contract, which may be used as evidence
of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence,
is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although the same may not
be actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill is to be
paid to the holder. The endorsement is a document, and shall be construed in the same
manner as if the words “pay to the holder” or words to that effect had been written
over the signature;
(9) “fraudulently” means doing anything with the intention to defraud but not
otherwise;
(10) “gender”.—The pronoun “he” and its derivatives are used of any person,
whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k)
40 of 2019. of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which
is done or believed without due care and attention;
(12) “Government” means the Central Government or a State Government;
(13) “harbour” includes supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a person by any
means, whether of the same kind as those enumerated in this clause or not, to evade
apprehension;
(14) “injury” means any harm whatever illegally caused to any person, in body,
mind, reputation or property;
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to
everything which is an offence or which is prohibited by law, or which furnishes
ground for a civil action; and a person is said to be “legally bound to do” whatever it
is illegal in him to omit;
(16) “Judge” means a person who is officially designated as a Judge and includes
a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or
criminal, a definitive judgment, or a judgment which, if not appealed against,
would be definitive, or a judgment which, if confirmed by some other authority,
would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered
by law to give such a judgment.
, 4 THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
___________________________________________________________
________________________________________________________
_____________________________________________________________
Illustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has
power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(17) “life” means the life of a human being, unless the contrary appears from the
context;
(18) “local law” means a law applicable only to a particular part of India;
(19) “man” means male human being of any age;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is
used, it is to be understood that the month or the year is to be reckoned according to
the Gregorian calendar;
(21) “movable property” includes property of every description, except land
and things attached to the earth or permanently fastened to anything which is attached
to the earth;
(22) “number”.—Unless the contrary appears from the context, words importing
the singular number include the plural number, and words importing the plural number
include the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and
any declaration required or authorised by law to be made before a public servant or to
be used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in
sub-clauses (a) and (b), the word “offence” means a thing made punishable by this
Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2),
(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,
120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,
251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and
sub-section (2) of section 330, the word “offence” means a thing punishable
under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253
and sub-section (1) of section 329, the word “offence” shall have the same
meaning when the act punishable under the special law or local law is punishable
under such law with imprisonment for a term of six months or more, whether
with or without fine;
(25) “omission” denotes as well as a series of omissions as a single omission;
(26) “person” includes any company or association or body of persons, whether
incorporated or not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions,
namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge,
whether by himself or as a member of any body of persons, any adjudicatory
functions;
(c) every officer of a Court including a liquidator, receiver or commissioner
whose duty it is, as such officer, to investigate or report on any matter of law or
fact, or to make, authenticate, or keep any document, or to take charge or dispose
सी.जी.-डी.एल.-अ.-25122023-250883
xxxGIDHxxx
CG-DL-E-25122023-250883
xxxGIDExxx
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 53] ubZ fnYyh] lkseokj] fnlEcj 25] 2023@ ikS"k 4] 1945 ¼'kd½
No. 53] NEW DELHI, MONDAY, DECEMBER 25, 2023/PAUSHA 4, 1945 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
25th December, 2023 and is hereby published for general information:—
THE BHARATIYA NYAYA SANHITA, 2023
NO. 45 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the provisions relating to offences and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:––
CHAPTERI
PRELIMINARY
1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. Short title,
commencement
(2) It shall come into force on such date as the Central Government may, by notification and
in the Official Gazette, appoint, and different dates may be appointed for different provisions application.
of this Sanhita.
, 2 THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
___________________________________________________________
________________________________________________________
_____________________________________________________________
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for
every act or omission contrary to the provisions thereof, of which he shall be guilty within
India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an
offence committed beyond India shall be dealt with according to the provisions of this
Sanhita for any act committed beyond India in the same manner as if such act had been
committed within India.
(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting
a computer resource located in India.
Explanation.—In this section, the word “offence” includes every act committed outside
India which, if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India.
He can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service of the Government of India
or the provisions of any special or local law.
Definitions. 2. In this Sanhita, unless the context otherwise requires,––
(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that resemblance to practise deception,
or knowing it to be likely that deception will thereby be practised.
Explanation 1.—It is not essential to counterfeiting that the imitation should be
exact.
Explanation 2.—When a person causes one thing to resemble another thing,
and the resemblance is such that a person might be deceived thereby, it shall be
presumed, until the contrary is proved, that the person so causing the one thing to
resemble the other thing intended by means of that resemblance to practise deception
or knew it to be likely that deception would thereby be practised;
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a
body of Judges which is empowered by law to act judicially as a body, when such
Judge or body of Judges is acting judicially;
(6) “death” means the death of a human being unless the contrary appears from
the context;
(7) “dishonestly” means doing anything with the intention of causing wrongful
gain to one person or wrongful loss to another person;
(8) “document” means any matter expressed or described upon any substance
by means of letters, figures or marks, or by more than one of those means, and includes
electronic and digital record, intended to be used, or which may be used, as evidence
of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the
letters, figures or marks are formed, or whether the evidence is intended for, or may be
used in a Court or not.
, Sec. 1] THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ 3
___________________________________________________________
________________________________________________________
_____________________________________________________________
Illustrations.
(a) A writing expressing the terms of a contract, which may be used as evidence
of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence,
is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although the same may not
be actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The
meaning of the endorsement, as explained by mercantile usage, is that the bill is to be
paid to the holder. The endorsement is a document, and shall be construed in the same
manner as if the words “pay to the holder” or words to that effect had been written
over the signature;
(9) “fraudulently” means doing anything with the intention to defraud but not
otherwise;
(10) “gender”.—The pronoun “he” and its derivatives are used of any person,
whether male, female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k)
40 of 2019. of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which
is done or believed without due care and attention;
(12) “Government” means the Central Government or a State Government;
(13) “harbour” includes supplying a person with shelter, food, drink, money,
clothes, arms, ammunition or means of conveyance, or the assisting a person by any
means, whether of the same kind as those enumerated in this clause or not, to evade
apprehension;
(14) “injury” means any harm whatever illegally caused to any person, in body,
mind, reputation or property;
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to
everything which is an offence or which is prohibited by law, or which furnishes
ground for a civil action; and a person is said to be “legally bound to do” whatever it
is illegal in him to omit;
(16) “Judge” means a person who is officially designated as a Judge and includes
a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or
criminal, a definitive judgment, or a judgment which, if not appealed against,
would be definitive, or a judgment which, if confirmed by some other authority,
would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered
by law to give such a judgment.
, 4 THE ____________________________________________________________
GAZETTE OF INDIA EXTRAORDINARY
____________________________________________________________
_____________________________________________________________ [Part II—
___________________________________________________________
________________________________________________________
_____________________________________________________________
Illustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has
power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(17) “life” means the life of a human being, unless the contrary appears from the
context;
(18) “local law” means a law applicable only to a particular part of India;
(19) “man” means male human being of any age;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is
used, it is to be understood that the month or the year is to be reckoned according to
the Gregorian calendar;
(21) “movable property” includes property of every description, except land
and things attached to the earth or permanently fastened to anything which is attached
to the earth;
(22) “number”.—Unless the contrary appears from the context, words importing
the singular number include the plural number, and words importing the plural number
include the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and
any declaration required or authorised by law to be made before a public servant or to
be used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in
sub-clauses (a) and (b), the word “offence” means a thing made punishable by this
Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2),
(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,
120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,
251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and
sub-section (2) of section 330, the word “offence” means a thing punishable
under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253
and sub-section (1) of section 329, the word “offence” shall have the same
meaning when the act punishable under the special law or local law is punishable
under such law with imprisonment for a term of six months or more, whether
with or without fine;
(25) “omission” denotes as well as a series of omissions as a single omission;
(26) “person” includes any company or association or body of persons, whether
incorporated or not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions,
namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge,
whether by himself or as a member of any body of persons, any adjudicatory
functions;
(c) every officer of a Court including a liquidator, receiver or commissioner
whose duty it is, as such officer, to investigate or report on any matter of law or
fact, or to make, authenticate, or keep any document, or to take charge or dispose
