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

Q1. Define Wrongful Gain and Wrongful Loss.

According to Section 2(36) BNS, “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled and  According to Section 2(37) BNS, “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled.

Q2. State any two offences Related to Religion. (Name any two from the following)

Offences relating to religion are covered in Chapter XVI of BNS, they are as follows:

• S. 298 BNS: Injuring or defiling place of worship with intent to insult religion of any class.
• S. 299 BNS: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
• S. 300 BNS: Disturbing religious assembly.
• S. 301 BNS: Trespassing on burial places, etc.
• S. 302 BNS: Uttering words, etc., with deliberate intent to wound religious feelings of any person.

Q3. Define Affray.

According to Section 194(1) BNS, when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray

Q4. What are Cardinal Principles of Criminal Justice?

Cardinal principles in criminal justice are fundamental concepts that underpin the system, ensuring fairness and justice. Key principles include actus non facit reum, nisi mens sit rea (an act does not make a person guilty unless the mind is guilty), nulla crimen sine lege (no crime without law), and the presumption of innocence. These principles guide how crimes are defined, evidence is handled, and individuals are treated within the criminal justice process.

Q5. Define Stalking.

According to Section 78(1) BNS, any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication,

commits the offence of stalking:

Q6. What is Dishonest Misappropriation of a Property?

According to Section 314 BNS, whoever dishonestly misappropriates or converts to his own use any movable property, is said to commit the offence of Dishonest Misappropriation of a Property.

Q7. Define Criminal Force.

According to Section 129 BNS, whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Q8. State any two offences in BNS other than murder which are punishable with death. (Name any two from the following)

The Death sentence may be awarded for offences other than murder are as under:

• S. 147 BNS: Waging, or attempting to wage war, or abetting waging of war, against Government of India
• S. 160 BNS: Abetment of mutiny, if mutiny is committed in consequence thereof
• S. 230(2) BNS: Giving or fabricating false evidence with intent to procure conviction of capital offence.
• S. 107 BNS: Abetment of suicide of child or person of unsound mind
• S. 140(2) BNS: Kidnapping or abducting in order to murder or for ransom, etc. to obtain ransom from State, Foreign State, International, Interstate organizations.
• S. 71 BNS: Punishment for repeat offenders of offence of rape.
• S. 310(3) BNS: Dacoity with murder
• S. 66 BNS: Punishment for causing death or resulting in persistent vegetative state of victim in the offence of rape
• S. 70(2) BNS: Gang rape on victim having age below 18 years
• S. 104 BNS: Punishment for murder by life-convict
• S. 109(2) BNS: Attempt to murder
• S. 113(2)(a) BNS: Terrorist activities

Q9. Define Candidate and Electoral Right.

According to Section 169(a) BNS, “candidate” means a person who has been nominated as a candidate at any election and according to Section 169(b) BNS, “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.

Q10. State any two offences which are exceptions to the Doctrine of Mens Rea. (Name any two from the following)

• S. 271 BNS: Negligent act likely to spread infection of disease dangerous to life.
• S. 272 BNS: Malignant act likely to spread infection of disease dangerous to life.
• S. 273 BNS: Disobedience to quarantine rule.
• S. 274 BNS: Adulteration of food or drink intended for sale.
• S. 275 BNS: Sale of noxious food or drink.
• S. 276 BNS: Adulteration of drugs.
• S. 277 BNS: Sale of adulterated drugs.
• S. 278 BNS: Sale of drug as a different drug or preparation.
• S. 279 BNS: Fouling water of public spring or reservoir.
• S. 280 BNS: Making atmosphere noxious to health.
• S. 281BNS: Rash driving or riding on a public way.
• S. 282 BNS: Rash navigation of vessel.
• S. 283 BNS: Exhibition of false light, mark or buoy.
• S. 284 BNS: Conveying person by water for hire in unsafe or overloaded vessel.
• S. 285 BNS: Danger or obstruction in public way or line of navigation
• S. 286 BNS: Negligent conduct with respect to poisonous substance.
• S. 287 BNS: Negligent conduct with respect to fire or combustible matter.
• S. 288 BVNS: Negligent conduct with respect to explosive substance.
• S. 289 BNS: Negligent conduct with respect to machinery.
• S. 290 BNS: Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
• S. 291 BNS: Negligent conduct with respect to animal.
• S. 292 BNS: Punishment for public nuisance in cases not otherwise provided for.
• S. 293 BNS: Continuance of nuisance after injunction to discontinue.
• S. 294 BNS: Sale, etc., of obscene books, etc.
• S. 295 BNS: Sale, etc., of obscene objects to child.
• S. 296 BNS: Obscene acts and songs.
• S. 297 BNS: Keeping lottery office.

• S. 180 BNS: Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
• S. 339 BNS: Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.
• S. 348 BNS: Making or possession of any instrument for counterfeiting a property mark.
• S. 111(7) BNS: Organized crime
• S. 181 BNS: Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes.
• S. 185 BNS: Erasure of mark denoting that stamp has been used
• S. 317 BNS: Stolen property
• S. 341 BNS: Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
• S. 342 BNS: Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
• S. 349 BNS: Selling goods marked with a counterfeit property mark

Note: Offences under BNS that are exceptions to the Doctrine of Mens Rea are Public Nuisance and Strict Liability Offences. In these cases, criminal liability can arise even without a guilty mind or the intention to commit a crime. 

Q 11. What are different Theories of Punishment? (Name any two from the following)

• Deterrent Theory of Punishment
• Retributive Theory of Punishment
• Preventive Theory of Punishment
• Reformative Theory of Punishment
• Expiatory or Compensatory Theory of Punishment
• Incapacitation Theory of Punishment
• Utilitarian Theory of Punishment
• Multiple Approach Theory

Q12. Define Document.

According to S. 2(8) of BNS, “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.

Q13. What is Solitary Confinement?

a punishment in which a person in prison is kept completely alone in a separate cell away from the other prisoners. S. 11 of BNS deals with provisions related to solitary confinement.

Q14. What is Cheating by Personation?

According to S. 319(1) BNS, a person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.

Q15. Distinguish between Civil Liability and Criminal Liability.

Civil Liability	Criminal Liability
Civil liability pertains to disputes between individuals or entities where one party seeks compensation or remedy for a wrong done by another. It is primarily concerned with private rights and obligations	Criminal liability involves actions that are considered offenses against the state or society. It is concerned with conduct that breaches public law and order.
The primary aim is to compensate the injured party for loss or harm suffered. It often involves disputes related to contracts, property, family matters, and torts (civil wrongs).	The main objective is to punish the wrongdoer and deter criminal behaviour. It aims to maintain public order and safety through penalties such as imprisonment, fines, and community service.
Civil cases are typically initiated by private individuals or entities (plaintiffs) who file a lawsuit against another party (defendants) seeking redressal for grievances.	Criminal cases are initiated by the state or government. The police or public prosecutor files charges against the accused, representing the interests of society.
The burden of proof lies on the plaintiff, who must prove their case by a “preponderance of probabilities” or “balance of probabilities.” This means the evidence must show that it is more likely than not that the defendant is liable.	The burden of proof lies on the prosecution, which must establish the defendant’s guilt “beyond a reasonable doubt.” This is a higher standard of proof compared to civil cases, reflecting the serious nature of criminal charges.
Remedies typically include monetary compensation (damages), specific performance (forcing a party to fulfill a contractual obligation), or injunctions (orders to prevent or require certain actions).	Penalties may include imprisonment, fines, probation, community service, or a combination of these. The severity of the punishment depends on the nature of the offense and the specific laws applicable.
Civil cases are usually resolved through civil court proceedings. The process involves filing a plaint, discovery of evidence, hearings, and a judgment based on civil standards.	Criminal cases involve police investigation, filing of an FIR (First Information Report), charge sheet, court trials, and sentencing. The procedures are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) and other relevant laws.
Most of the time civil liability results in compensation but it does not involve criminal records. The primary impact is on the financial and personal interests of the parties involved.	Criminal liability can lead to imprisonment, fines, and involvement of a criminal record.
Examples: Breach of contract, property disputes, family law matters, torts, etc.	Examples: Theft, assault, murder, rape, forgery, fraud, etc.

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