Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Frequently Asked Questions on BNS: Set D

Q1. What are different Punishments Available under BNS?

The punishments to which offenders are liable under S. 4 BNS are:

• Death;
• Imprisonment for life;
• Imprisonment, which is of two descriptions, namely: Rigorous and Simple;
• Forfeiture of property;
• Fine;
• Community Service.

Q2. What is meant by De Minimis Non Curat Lex?

“De Minimis Non Curat Lex,” which translates to “The law does not concern itself with trifles,” is a legal principle that states that minor or trivial matters should not be the subject of legal action or court intervention. This means the law, in its own right, doesn’t require attention to insignificant issues and allows for their dismissal or overlooked. 

Q3. Define Sexual Harassment.

According to S. 75(1) BNS a man committing any of the following acts:

• 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; or
• making sexually coloured remarks, shall be guilty of the offence of sexual harassment

Q4. What is Criminal Conspiracy?

According to S. 61(1) BNS when two or more persons agree with the common object to do, or cause to be done— (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.

Q5. State any two instances where the Right of Private Defence can extend to the Causation of Death. (Name any two from the following)

According to S. 38 BNS, the right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions as mentioned below:—

• such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
• such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
• an assault with the intention of committing rape;
• an assault with the intention of gratifying unnatural lust;
• an assault with the intention of kidnapping or abducting;
• an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release;
• an act of throwing or administering acid or an attempt to throw or administer acid which may

According to S. 41 BNS, the right of private defence of property extends, under the restrictions specified in section 37 BNS, 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 as follows:

• robbery;
• house-breaking after sun set and before sun rise;
• mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
• theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

Q6. Define Public Nuisance.

According to S. 270 BNS, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage.

Q7. What is the exception to Volenti Non Fit Injuria?

• This defence will not be applicable in cases where the consent of the plaintiff has been obtained by unlawful means such as fraud or compulsion. The defendant will not be able to take this defence and escape from the liability arising out of such activities. Consent by illegal means is not real consent. The act done by the defendant must be the same for which the consent was given.
• When the plaintiff voluntarily takes the risk of rescuing someone from imminent danger created by the wrongful and negligent act of the defendant, the rescuer has the right to remedy and this defence will not be available to the defendant.
• This defence is not available where the plaintiff has been injured due to the negligence of the defendant. For the defence to be available to the defendant, the act must be the same for which the consent has been given by the plaintiff. When the plaintiff consents to take some risk, it is presumed that there will be no negligence on part of the defendant.

Q8. State any two offences Related to Marriage. (Name any two from the following)

• S. 80 BNS: Dowry death
• S. 81 BNS: Cohabitation caused by man deceitfully inducing belief of lawful marriage
• S. 82 BNS: Marrying again during lifetime of husband or wife
• S. 83 BNS: Marriage ceremony fraudulently gone through without lawful marriage
• S. 84 BNS: Enticing or taking away or detaining with criminal intent a married woman
• S. 85 BNS: Husband or relative of husband of a woman subjecting her to cruelty
• S. 87 BNS: Kidnapping, abducting or inducing woman to compel her marriage, etc

Q9. Define Criminal Trespass.

According to S. 329 BNS, whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit criminal trespass.

Q10.What is Abetment?

According to S. 45 BNs, A person abets the doing of a thing, who

• instigates any person to do that 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.

Q11. Define Consent as per Section 28 BNS.

According to S. 28 BNS, a consent is not such a consent as is intended by any section of this Sanhita,—

• if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or
• if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
• unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

Q12. What is Forgery?

According to S. 336(1) BNS, whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Q13. What is dangerous weapon under Section 118(1) BNS?

Under Section 118(1) of BNS), a “dangerous weapon” is defined as any instrument which, when used as a weapon of offense, is likely to cause death. This definition isn’t fixed and depends on the specific facts of each case. Generally, it includes items like firearms, knives, and blunt instruments like rods.

Q14. Distinguish between Kidnapping and Abduction.

Kidnapping	Abduction
Offence of Kidnapping is defined under Section 137(1) BNS	Offence of Abduction is defined under Section 138 BNS
Whoever conveys any person without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person.	Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
In the case of kidnapping, the person kidnapped is removed from his/her lawful guardianship.	In order to determine the offence of abduction, lawful guardianship is immaterial.
A person or minor is simply taken away therefore means used to kidnap is not appropriate.	Force, fraud, or deceit are the means employed in abduction.
The consent of the lawful guardianship matters whereas the consent of the person kidnapped is not necessary.	The consent of a person plays an important role in abduction. Abduction is said not to be committed if there is a presence of free and voluntary consent of the abducted person.
The intention of a person to commit the offence, of kidnapping, is immaterial.	Person is liable to have committed abduction only if there is ill intention behind the same.
It is a more serious offence compared to abduction	It is less severe as compared to kidnapping.
As soon as the person or minor is separated from his/her lawful guardianship, the offence is completed. It is not continuous offence.	It is a continuing offence as the place of the abducted person changes from one place to the other.
Punishment for kidnapping is mentioned under Section 137(2) BNS which is imprisonment extending to 7 years and a fine.	It is not punishable unless done with the intention to commit an offence mentioned under Section 364 to 369 of the IPC.

Q15. What is Imprisonment in Lieu of Fine?

According to S. 8 BNS, it shall be the competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

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