Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Frequently Asked Questions on BNS: Set B
Q1. Give two General Exceptions of Crime. (Name any two from the following)
General Exceptions of Crime are as follows. These General Exceptions of Crime are discussed in Chapter III of the Bharatiya Nyaya Sanhita, 2023 (BNS).
- S. 14 BNS: Act done by a person bound, or by mistake of fact believing himself bound, by law.
- S. 15 BNS: Act of Judge when acting judicially.
- S. 16 BNS: Act done pursuant to judgment or order of Court.
- S. 17 BNS: Act done by a person justified, or by mistake of fact believing himself justified, by law.
- S. 18 BNS: Accident in doing a lawful act.
- S. 19 BNS: Act likely to cause harm, but done without criminal intent, and to prevent other harm.
- S. 20 BNS: Act of a child under seven years of age.
- S. 21 BNS: Act of a child above seven and under twelve years of age of immature understanding.
- S. 22 BNS: Act of a person of unsound mind.
- S. 23 BNS: Act of a person incapable of judgment by reason of intoxication caused against his will.
- S. 24 BNS: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
- S. 25 BNS: Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
- S. 26 BNS: Act not intended to cause death, done by consent in good faith for person’s benefit.
- S. 27 BNS: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.
- S. 28 BNS: Consent known to be given under fear or misconception.
- S. 29 BNS: Exclusion of acts which are offences independently of harm caused.
- S. 30 BNS: Act done in good faith for benefit of a person without consent.
- S. 31 BNS: Communication made in good faith.
- S. 32 BNS: Act to which a person is compelled by threats.
- S. 33 BNS: Act causing slight harm
General Exceptions of crime can be used as defence during trial.
Q2. Give two examples of Public Nuisance. (Name any two from the following)
- Negligent act likely to spread infection of disease dangerous to life
- Malignant act likely to spread infection of disease dangerous to life.
- Disobedience to quarantine rule
- Adulteration of food or drink intended for sale
- Sale of noxious food or drink
- Adulteration of drugs
- Sale of adulterated drugs
- Sale of drug as a different drug or preparation
- Fouling water of public spring or reservoir
- Making atmosphere noxious to health
- Rash driving or riding on a public way
- Rash navigation of vessel
- Exhibition of false light, mark or buoy
- Conveying person by water for hire in unsafe or overloaded vessel
- Danger or obstruction in public way or line of navigation
Q3. What is Battery?
In criminal law, battery is a crime that involves unlawful physical contact with another person. It’s distinct from assault, which involves the threat of harm, while battery requires actual physical contact. This contact can be harmful or offensive, and it must be done intentionally, or with a reckless disregard for causing harm.
Q4. Define dishonestly as per BNS.
According to Section 2(7) of BNS “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.
Q5. Define Dowry Death.
According to Section 80 of BNS, 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”.
Q6. What is Criminal Breach of Trust?
According to Section 316(1) of BNS, whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust.
Q7. What is Wrongful Confinement?
According to Section 127(1) of BNS, whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.
Q8. Name any two persons exempted from Criminal Prosecution. (Name any two from the following)
Following persons are exempted from Criminal Prosecution:
- President and Governors
- Foreign Sovereigns
- Foreign Ambassadors and Other Diplomatic Representatives
- Alien Enemies
- Foreign Army
- Warships
Q9. Define Rioting?
Rioting, in criminal law, is a violent offense against public order involving five or more people. It’s essentially an unlawful assembly that uses force or violence in the pursuit of its common object. This means a group of people, exceeding a certain number. S. 191 BNS deals with rioting.
Q10. What is Exception of Duress under Section 32 BNS?
According to Section 32 of BNS, except murder, and offences against the State punishable with death, nothing is an offence 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. This principle is known as Exception of Duress.
Q11. State four stages of crime.
The four stages of crime are
- Intention,
- Preparation,
- Attempt, and
- Accomplishment
Q12. Define Valuable Security.
According to Section 2(31) of BNS, “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Q13. Define Woman under BNS. Give corresponding Case Law.
According to Section 2(35) of BNS “woman” means a female human being of any age. The Definition of woman was clarified by the Supreme Court in State of Punjab v. Major Singh AIR 1967 SC 63 case.
Q14. What is Undue Influence in Elections?
According to Section 171(1) of BNS, whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
Q15. What is Fabricating False Evidence?
According to Section 228 of BNS, whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
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