Criminal Law - Substantive (Penal Code / BNS equivalents, General Exceptions, Offences)
Criminal Law - Substantive tests offence analysis under the Bharatiya Nyaya Sanhita 2023 (BNS), which replaced the Indian Penal Code 1860 from 1 July 2024. The exam may still use IPC section numbers, so learn the BNS equivalents and the underlying elements.
General principles
Every offence requires actus reus and mens rea unless strict liability applies. BNS s 3(5) codifies common intention: where a criminal act is done by several persons in furtherance of common intention, each is liable as if he alone did it. Distinguish common intention from similar intention and from common object in unlawful assembly.
General exceptions
BNS Chapter III, ss 14–44, contains general exceptions, including private defence. The accused must raise the exception; once raised, the prosecution must disprove it beyond reasonable doubt. Private defence requires reasonable apprehension of harm and proportionate force; excess may reduce murder to culpable homicide.
Offences
BNS ss 100–103 deal with culpable homicide and murder; s 104 death by negligence; s 105 abetment of suicide; s 106 attempt to murder. For murder, examine intention, knowledge, and the five exceptions, especially sudden fight and grave provocation.
Worked example
A is attacked with a knife and strikes the attacker with a lathi, causing death. If A faced a reasonable apprehension of death or grievous hurt and used proportionate force, private defence may fully excuse. If the force was excessive, the act may become culpable homicide not amounting to murder, not murder.
Traps
The BNS transition is a major trap: do not cite repealed IPC sections without noting the equivalent. Do not confuse culpable homicide with murder; do not ignore exceptions; do not place the burden of a general exception on the prosecution at the outset.