CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
484. Repeal and savings
531. Repeal and savings
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 1973
484. Repeal and savings.—(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Code comes into force, there is any appeal, application,
trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be
disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of
Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred
to as the old Code), as if this Code had not come into force:
Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement
of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;
(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions
defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates,
made under the Old Code and which are in force immediately before the commencement of this Code, shall be
deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the
corresponding provisions of this Code;
(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was
commenced under that Code, shall be deemed to have been accorded or given under the corresponding
provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of
consent;
(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler
within the meaning of article 363 of the Constitution.
(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or
before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to
be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is
prescribed by this Code or provisions are made in this Code for the extension of time.
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: (1) In regard to offences under the Indian Penal Code, the entries in the second and
third columns against a section the number of which is given in the first column are
not intended as the definition of, and the punishment prescribed for, the offence in
the Indian Penal Code, but merely as indication of the substance of the section.
(2) In this Schedule, (i) the expression “Magistrate of the first class” and “Any
Magistrate” include Metropolitan Magistrates but not Executive Magistrates; (ii) the
word “cognizable” stands for “a police officer may arrest without warrant”; and (iii)
the word “non-cognizable” stands for “a police officer shall not arrest without
warrant”.
I.–OFFENCES UNDER THE INDIAN PENAL CODE
Section Offence Punishment Cognizable or non- Bailable or Non- By what
cognizable bailable Court triable
1 2 3 4 5 6
CHAPTER V. –ABETMENT
109 Abetment of any offence, if the act abetted is Same as for offence According as offence According as Court by
committed in consequence, and where no abetted. abetted is cognizable offence abetted is which
express provision is made for its punishment. or non-cognizable. bailable or non- offence
bailable. abetted is
triable.
110 Abetment of any offence, if the person abetted Ditto Ditto Ditto Ditto.
does the act with a different intention from
that of the abettor.
111 Abetment of any offence, when one act is Same as for offence Ditto Ditto Ditto.
abetted and a different act is done; subject to intended to be abetted.
the proviso.
113 Abetment of any offence, when an effect is Same as for offence Ditto Ditto Ditto.
caused by the act abetted different from that committed.
intended by the abettor.
114 Abetment of any offence, if abettor is present Ditto Ditto Ditto Ditto.
when offence is committed.
115 Abetment of an offence, punishable with death Imprisonment for 7 years Ditto Non-bailable Ditto.
or imprisonment for life, if the offence be not and fine.
committed in consequence of the abetment.
If an act which causes harm be done in Imprisonment for 14 years Ditto Ditto Ditto.
consequence of the abetment. and fine.
116 Abetment of any offence, punishable with Imprisonment extending to Ditto According as Ditto.
imprisonment, if the offence be not committed a quarter part of the longest offence abetted is
in consequence of the abetment. term provided for the bailable or non-
offence, or fine, or both. bailable.
If the abettor or the person abetted be a Imprisonment extending to Ditto Ditto Ditto.
public servant whose duty it is to prevent the half of the longest term
offence. provided for the offence, or
fine, or both.
1 2 3 4 5 6
117 Abetting the commission of an offence by the Imprisonment for 3 years, According as offence According as Court by
public or by more than ten persons. or fine, or both. abetted is cognizable offence abetted is which
or non-cognizable. bailable or non- offence
bailable. abetted is
triable.
118 Concealing a design to commit an offence Imprisonment for 7 years Ditto Non-bailable. Ditto.
punishable with death or imprisonment for and fine.
life, if the offence be committed.
If the offence be not committed Imprisonment for 3 years Ditto Bailable. Ditto.
and fine.
119 A public servant concealing a design to Imprisonment extending to Ditto According as Ditto.
commit an offence which it is his duty to half of the longest term offence abetted is
prevent, if the offence be committed. provided for the offence, or bailable or non-
fine, or both. bailable.
If the offence be punishable with death or Imprisonment for 10 years. Ditto Non-bailable. Ditto.
imprisonment for life.
If the offence be not committed. Imprisonment extending to Ditto Bailable. Ditto.
a quarter part of the longest
term provided for the
offence, or fine, or both.
120 Concealing a design to commit an offence Ditto Ditto According as Ditto.
punishable with imprisonment, if offence be offence abetted is
committed. bailable or non-
bailable.
If the offence be not committed. Imprisonment extending to Ditto Bailable. Ditto.
one-eighth part of the
longest term provided for
the offence, or fine, or
both.
CHAPTER VA.–CRIMINAL CONSPIRACY
120B Criminal conspiracy to commit an offence Same as for abetment of According as the According as Court by
punishable with death, imprisonment for life the offence which is the offence which is the offence which is which
or rigorous imprisonment for a term of 2 years object of the conspiracy. object of conspiracy object of abetment of
or upwards. is cognizable or non- conspiracy is the offence
cognizable. bailable or non- which is the
bailable. object of
conspiracy is
triable.
Any other criminal conspiracy. Imprisonment for Non-cognizable. Bailable. Magistrate of
6 months, or fine, or both. the first
class.
CHAPTER VI.–OFFENCES AGAINST THE STATE
121 Waging or attempting to wage war, or abetting Death, or imprisonment Cognizable. Non-bailable. Court of
the waging of war, against the Government of for life and fine. Session.
India.
121A Conspiring to commit certain offences against Imprisonment for life, or Ditto Ditto Ditto.
the State. imprisonment for 10 years
and fine.
122 Collecting arms, etc., with the intention of Imprisonment for life, or Ditto Ditto Ditto.
waging war against the Government of India. imprisonment for 10 years
and fine.
123 Concealing with intent to facilitate a design to Imprisonment for 10 years Ditto Ditto Ditto.
wage war. and fine.
124 Assaulting President, Governor, etc., with intent Imprisonment for 7 years Ditto Ditto Ditto.
to compel or restrain the exercise of any lawful and fine.
power.
1 2 3 4 5 6
124A Sedition Imprisonment for life and Cognizable Non-bailable Court of
fine, or imprisonment for Session.
3 years and fine, or fine.
125 Waging war against any Asiatic power in Imprisonment for life and Ditto Ditto Ditto.
alliance or at peace with the Government of fine, or imprisonment for 7
India, or abetting the waging of such war. years and fine, or fine.
126 Committing depredation on the territories of Imprisonment for 7 years Ditto Ditto. Ditto.
any power in alliance or at peace with the and fine, and forfeiture of
Government of India. certain property.
127 Receiving property taken by war or Ditto. Ditto Ditto Ditto.
depredation mentioned in sections 125 and
126.
128 Public servant voluntarily allowing prisoner of Imprisonment for life, or Ditto Ditto Ditto.
State or war in his custody to escape. imprisonment for 10 years
and fine.
129 Public servant negligently suffering prisoner Simple imprisonment for 3 Ditto Bailable Magistrate of
of State of war in his custody to escape. years and fine. the first
class.
130 Aiding escape of, rescuing or harbouring, such Imprisonment for life, or Ditto Non-bailable Court of
prisoner, or offering any resistance to the imprisonment for 10 years Session.
recapture of such prisoner. and fine.
CHAPTER VII.–OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
131 Abetting mutiny, or attempting to seduce an Imprisonment for life, or Cognizable Non-bailable Court of
officer, soldier, sailor or airman from his imprisonment for 10 years Session.
allegiance or duty. and fine.
132 Abetment of mutiny, if mutiny is committed in Death, or imprisonment for Ditto Ditto Ditto.
consequence thereof. life, or imprisonment for
10 years and fine.
133 Abetment of an assault by an officer, soldier, Imprisonment for 3 years Ditto Ditto Magistrate of
sailor or airman on his superior officer, when and fine. the first
in the execution of his office. class.
134 Abetment of such assault, if the assault is Imprisonment for 7 years Ditto Ditto Ditto
committed. and fine.
135 Abetment of the desertion of an officer, Imprisonment for 2 years, Ditto Bailable Any
soldier, sailor or airman. or fine, or both. Magistrate.
136 Harbouring such an officer,. soldier, sailor or Ditto Ditto Ditto Ditto.
airman who has deserted.
137 Deserter concealed on board merchant vessel, Fine of 500 rupees. Non-cognizable Ditto. Ditto.
through negligence of master or person in
charge thereof.
138 Abetment of act of insubordination by an Imprisonment for Cognizable Ditto. Ditto.
officer, soldier, sailor or airman, if the offence 6 months, or fine, or both.
be committed in consequence.
140 Wearing the dress or carrying any token used by a Imprisonment for 3 Ditto. Ditto Ditto
soldier, sailor or airman with intent that it may be months, or fine of
believed that he is such a soldier, sailor or airman. 500 rupees, or both.
CHAPTER VIII.–OFFENCES AGAINST THE PUBLIC TRANQUILITY
143 Being member of an unlawful assembly. Imprisonment for Cognizable Bailable Any
6 months, or fine, or both. Magistrate.
144 Joining an unlawful assembly armed with any Imprisonment for 2 years, Ditto Bailable Ditto
deadly weapon. or fine, or both.
145 Joining or continuing in an unlawful assembly, Ditto Ditto Ditto Ditto.
knowing that it has been commanded to
disperse.
147 Rioting. Ditto Ditto Ditto Ditto.
1 2 3 4 5 6
148 Rioting, armed with a deadly weapon. Imprisonment for 3 years, Ditto Ditto Magistrate of
or fine, or both. the first
class.
149 If an offence be committed by any member of The same as for the According as offence According as The Court by
an unlawful assembly, every other member of offence. is cognizable or non- offence is bailable which the
such assembly shall be guilty of the offence. cognizable or non-bailable offence is
triable.
150 Hiring, engaging or employing persons to take The same as for a member Cognizable Ditto Ditto.
part in an unlawful assembly. of such assembly, and for
any offence committed by
any member of such
assembly.
151 Knowingly joining or continuing in any Imprisonment for 6 Ditto Bailable Any
assembly of five or more persons after it has months, or fine or both. Magistrate.
been commanded to disperse.
152 Assaulting or obstructing public servant when Imprisonment for 3 years, Ditto Ditto Magistrate of
suppressing riot, etc. or fine, or both. the first
class.
153 Wantonly giving provocation with intent to Imprisonment for 1 year, Ditto Ditto Any
cause riot, if rioting be committed. or fine, or both. Magistrate.
If not committed. Imprisonment for Ditto Ditto Magistrate of
6 months, or fine, or both. the first
class.
153A Promoting enmity between classes. Imprisonment for 3 years, Ditto Non-bailable Ditto
or fine, or both.
Promoting enmity between classes in place of Imprisonment for 5 years, Ditto Ditto Ditto
worship, etc. and fine.
[153A Knowingly carrying arms in any procession or Imprisonment for 6 months Ditto Ditto Any
A organising or holding or taking part in any and fine of 2,000 rupees Magistrate.]
mass drill or mass training with arms.
153B Imputations, assertions prejudicial to national Imprisonment for 3 years, Ditto Ditto [Magistrate
integration. or fine, or both. of the first-
class.]
If committed in a place of public worship, etc. Imprisonment for 5 years Ditto Ditto Ditto
and fine.
154 Owner or occupier of land not giving Fine of 1,000 rupees. Non-cognizable Bailable Any
information of riot, etc. Magistrate.
155 Person for whose benefit or on whose behalf a Fine Ditto Ditto Ditto.
riot takes place not using all lawful means to
prevent it.
156 Agent of owner or occupier for whose benefit Ditto Ditto Ditto Ditto
a riot is committed not using all lawful means
to prevent it.
157 Harbouring persons hired for an unlawful Imprisonment for 6 Cognizable Ditto Ditto
assembly. months, or fine, or both.
158 Being hired to take part in an unlawful Ditto Ditto Ditto Ditto
assembly or riot.
Or to go armed. Imprisonment for 2 years, Ditto Ditto Ditto
or fine, or both.
160 Committing affray Imprisonment for one Ditto Ditto Ditto.
month, or fine of 100
rupees or both.
1. Ins. by Act 25 of 2005, s. 42 (date yet to be notified, see appendix)
2. Subs. by s. 42, for “Ditto”, ibid. (date yet to be notified, see appendix)
1 2 3 4 5 6
CHAPTER IX.–OFFENCES BY OR RELATING TO PUBLIC SERVANTS
161 Being or expecting to be a public servant, and Imprisonment for 3 years, Cognizable Non-bailable Magistrate
taking a gratification other than legal or fine, or both. of the first
remuneration in respect of an official act. class.
162 Taking a gratification in order, by corrupt or Ditto Ditto Ditto Ditto.
illegal means, to influence a public servant.
163 Taking a gratification for the exercise of Simple imprisonment for Ditto Ditto Ditto.
personal influence with a public servant. 1 year, or fine, or both.
164 Abetment by public servant of the offences Imprisonment for 3 years, Ditto Ditto Ditto.
defined in the last two preceding clauses with or fine, or both.
reference to himself.
165 Public servant obtaining any valuable thing, Ditto Ditto Ditto Ditto.
without consideration, from a person concerned
in any proceeding or business transacted by
such public servant.
165A Punishment for abetment of offences Ditto Ditto Ditto Ditto.
punishable under section 161 or section 165.
166 Public servant disobeying a direction of the law Simple imprisonment for Non-cognizable Bailable Ditto.
with intent to cause injury to any person. 1 year, or fine, or both.
[166A Public servant disobeying direction under law Imprisonment for Cognizable Bailable Magistrate of
minimum 6 months the first class
which may extend to 2
years and fine.
166B Non-treatment of victim by hospital Imprisonment for 1 year Non-cognizable Bailable Magistrate of
or fine or both. the first
class.]
167 Public servant framing an incorrect document Imprisonment for 3 years, Cognizable Ditto. Ditto.
with intent to cause injury. or fine, or both.
168 Public servant unlawfully engaging in trade. Simple imprisonment for Non-cognizable Ditto Ditto.
1 year, or fine, or both.
169 Public servant unlawfully buying or bidding for Simple imprisonment for Ditto. Ditto. Ditto.
property. 2 years, or fine, or both
and confiscation of
property, if purchased.
170 Personating a public servant. Imprisonment for 2 years Cognizable Non-bailable Any
or fine, or both . Magistrate.
171 Wearing garb or carrying token used by public Imprisonment for Ditto Bailable Ditto.
servant with fraudulent intent. 3 months, or fine of 200
rupees, or both.
CHAPTER IXA.—OFFENCES RELATING TO ELECTIONS
171E Bribery. Imprisonment for 1 year or Non-cognizable Ditto Magistrate
fine, or both, or if treating of the first
only, fine only. class.
171F Undue influence at an election. Imprisonment for one year, Ditto Ditto Ditto.
or fine, or both.
Personation at an election Ditto Cognizable Ditto Ditto.
171G False statement in connection with an election. Fine Non-cognizable Ditto Ditto.
171H Illegal payments in connection with elections. Fine of 500 rupees. Ditto. Ditto. Ditto.
171-I Failure to keep election accounts. Ditto Ditto Ditto Ditto.
1. Ins. by Act 13 of 2013, s. 24 (w.e.f. 3-2-2013).
1 2 3 4 5 6
CHAPTER X.–CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172 Absconding to avoid service of summons or Simple imprisonment for Non-cognizable Bailable Any Magistrate.
other proceeding from a public servant. 1 month, or fine of 500
rupees, or both.
If summons or notice require attendanc
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.
(2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal,
application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or
investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such
commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms provided by rules,
local jurisdictions defined, sentences passed and orders, rules and appointments, not being
appointments as Special Magistrates, made under the said Code and which are in force immediately
before the commencement of this Sanhita, shall be deemed, respectively, to have been published,
issued, conferred, specified, defined, passed or made under the corresponding provisions of this
Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance of which no
proceeding was commenced under that Code, shall be deemed to have been accorded or given under
the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in
pursuance of such sanction or consent.
(3) Where the period specified for an application or other proceeding under the said Code had expired
on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any
such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact
that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the
extension of time.
THE FIRST SCHEDULE
CLASSIFICATION OF OFFENCES
EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the
second and third columns against a section the number of which is given in the
first column are not intended as the definition of, and the punishment
prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as
indication of the substance of the section.
(2) In this Schedule, (i) the expression “Magistrate of the first class” and “any
Magistrate” does not include Executive Magistrates; (ii) the word
“cognizable” stands for “a police officer may arrest without warrant”; and (iii)
the word “non-cognizable” stands for “a police officer shall not arrest without
warrant”.
I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA
Section Offence Punishment Cognizable or Bailable or Non- By what Court
Non-cognizable bailable triable
1 2 3 4 5 6
49 Abetment of any offence, Same as for According as According as Court by which
if the act abetted is offence offence abetted offence abetted is offence abetted is
committed in abetted. is cognizable or bailable or triable.
consequence, and where non-cognizable. non-bailable.
no express provision is
made for its punishment.
50 Abetment of any offence, Same as for According as According as Court by which
if the person abetted does offence offence abetted offence abetted is offence abetted is
act with different abetted. is cognizable or bailable or triable.
intention from that of non-cognizable. non-bailable.
abettor.
51 Abetment of any offence, Same as for According as According as Court by which
when one act is abetted offence offence abetted offence abetted is offence abetted is
and a different act is done;intended to be is cognizable or bailable or triable.
subject to the proviso. abetted. non-cognizable. non-bailable.
52 Abettor when liable to Same as for According as According as Court by which
cumulative punishment offence offence abetted offence abetted is offence abetted is
for act abetted and for act abetted. is cognizable or bailable or triable.
done. non-cognizable. non-bailable.
53 Abetment of any offence, Same as for According as According as Court by which
when an effect is caused offence offence abetted offence abetted is offence abetted is
by the act abetted committed. is cognizable or bailable or triable.
different from that non-cognizable. non-bailable.
intended by the abettor.
54 Abetment of any offence, Same as for According as According as Court by which
if abettor present when offence offence abetted offence abetted is offence abetted is
offence is committed. committed. is cognizable or bailable or triable.
non-cognizable. non-bailable.
1 2 3 4 5 6
Abetment of an offence, Imprisonment According as Non-bailable. Court by which
55 punishable with death or for 7 years and offence abetted offence abetted is
imprisonment for life, if fine. is cognizable or triable.
the offence be not non-cognizable.
committed in
consequence of the
abetment.
If an act which causes Imprisonment According as Non-bailable. Court by which
harm to be done in for 14 years offence abetted offence abetted is
consequence of the and fine. is cognizable or triable.
abetment. non-cognizable.
56 Abetment of an offence, Imprisonment According as According as Court by which
punishable with extending to offence abetted offence abetted is offence abetted is
imprisonment, if the one-fourth of is cognizable or bailable or triable.
offence be not committed the longest non-cognizable. non-bailable.
in consequence of the term provided
abetment. for the offence,
or fine, or both.
If the abettor or the personImprisonment According as According as Court by which
abetted be a public extending to offence abetted offence abetted is offence abetted is
servant whose duty it is to one-half of the is cognizable or bailable or triable.
prevent the offence. longest term non-cognizable. non-bailable.
provided for
the offence, or
fine, or both.
57 Abetting commission of Imprisonment According as According as Court by which
an offence by the public which may offence abetted offence abetted is offence abetted is
or by more than ten extend to 7 is cognizable or bailable or triable.
persons. years and fine. non-cognizable. non-bailable.
58(a) Concealing design to Imprisonment According as Non-bailable. Court by which
commit offence for 7 years and offence abetted offence abetted is
punishable with death or fine. is cognizable or triable.
imprisonment for life, if non-cognizable.
the offence be committed.
58(b) If offence be not Imprisonment According as Bailable. Court by which
committed. for 3 years and offence abetted offence abetted is
fine. is cognizable or triable.
non-cognizable.
59(a) A public servant Imprisonment According as According as Court by which
concealing a design to extending to offence abetted offence abetted is offence abetted is
commit an offence which one-half of the is cognizable or bailable or triable.
it is his duty to prevent, if longest term non-cognizable. non-bailable.
the offence be committed. provided for
the offence, or
fine, or both.
1 2 3 4 5 6
59(b) If the offence be Imprisonment for 10 According as Non-bailable. Court by which
punishable with death years. offence abetted is offence abetted is
or imprisonment for cognizable or triable.
life. non-cognizable.
59(c) If the offence be not Imprisonment According as Bailable. Court by which
committed. extending to one- offence abetted is offence abetted is
fourth of the longest cognizable or triable.
term provided for the non-cognizable.
offence, or fine, or
both.
60(a) Concealing a design to Imprisonment According as According as Court by which
commit an offence extending to one- offence abetted is offence abettedoffence abetted is
punishable with fourth of the longest cognizable or is bailable or triable.
imprisonment, if term provided for the non-cognizable. non-bailable.
offence be committed. offence, or fine, or
both.
60(b) If the offence be not Imprisonment According as Bailable. Court by which
committed. extending to one- offence abetted is offence abetted is
eighth part of the cognizable or triable.
longest term non-cognizable.
provided for the
offence, or fine, or
both.
61(2) Criminal conspiracy to Same as for According as the According as Court by which
(a) commit an offence abetment of the offence which is offence which abetment of the
punishable with death, offence which is the the object of is object of offence which is
imprisonment for life or object of the conspiracy is conspiracy is the object of
rigorous imprisonment conspiracy. cognizable or bailable or conspiracy is
for a term of 2 years or non-cognizable. non-bailable. triable.
upwards.
61(2) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the
(1) conspiracy. months, or fine, or first class.
both.
62 Attempting to commit One half of the According as the According as The court by
offence punishable with imprisonment for men offence is the offence which the offence
imprisonment for life, life, or imprisonment cognizable or attempted by attempted is
or imprisonment, and in not exceeding one- non-cognizable. the offender is triable.
such attempt doing any half of the longest bailable or
act towards the term, provided for non-bailable.
commission of the the offence, or fine,
offence. or both.
1 2 3 4 5 6
64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 10 years
but which may extend to
imprisonment for life,
and fine.
64(2) Rape by a police officer Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
or a public servant or for not less than 10 years
member of armed forces but which may extend to
or a person being on the imprisonment for life
management or on the which shall mean the
staff of a jail, remand remainder of that
home or other place of person's natural life and
custody or women's or fine.
children's institution or
by a person on the
management or on the
staff of a hospital, and
rape committed by a
person in a position of
trust or authority
towards the person
raped or by a near
relative of the person
raped.
65(1) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape on a for not less than 20 years
woman under sixteen but which may extend to
years of age. imprisonment for life,
which shall mean
imprisonment for the
remainder of that
person's natural life and
fine.
65(2) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape on a for not less than 20 years
woman under twelve but which may extend to
years of age. imprisonment for life
which shall mean
imprisonment for the
remainder of that
person's natural life and
with fine or death.
1 2 3 4 5 6
66 Person committing an Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape and for not less than 20
inflicting injury which years but which may
causes death or causes the extend to imprisonment
woman to be in a for life which shall
persistent vegetative state. mean imprisonment for
the remainder of that
person's natural life or
death.
67 Sexual intercourse by Imprisonment for not Cognizable Bailable. Court of Session.
husband upon his wife less than 2 years but (only on the
during separation. which may extend to 7 complaint of
years and fine. the victim).
68 Sexual intercourse by a Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
person in authority, etc. for not less than 5 years,
but which may extend
to 10 years and fine.
69 Sexual intercourse by Imprisonment which Cognizable. Non-bailable. Court of Session.
employing deceitful may extend to 10 years
means, etc. and fine.
70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 20
years but which may
extend to imprisonment
for life which shall
mean imprisonment for
the remainder of that
person's natural life and
fine.
70(2) Gang rape on a woman Imprisonment for life Cognizable. Non-bailable. Court of Session.
under eighteen years of which shall mean
age. imprisonment for the
remainder of that
person's natural life and
with fine or with death.
71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session.
which shall mean
imprisonment for the
remainder of that
person's natural life or
with death.
72(1) Disclosure of identity of Imprisonment for 2 Cognizable. Bailable. Any Magistrate.
the victim of certain years and fine.
offences, etc.
1 2 3 4 5 6
73 Printing or publication of Imprisonment for Cognizable. Bailable. Any Magistrate.
a proceeding without prior2 years and fine.
permission of court.
74 Assault or use of criminal Imprisonment for Cognizable. Non-bailable. Any Magistrate.
force to woman with 1 year which may
intent to outrage her extend to 5 years and
modesty. fine.
75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
punishment for sexual with 3 years, or fine, or
harassment specified in both.
clause (i) or clause (ii) or
clause (iii) of
sub-section (1).
75(3) Sexual harassment and Imprisonment for 1 Cognizable. Non-bailable. Court of Session.
punishment for sexual year, or fine, or both.
harassment specified in
clause (iv) of sub-section
(1).
76 Assault or use of criminal Imprisonment for not Cognizable. Non-bailable. Court of Session.
force to woman with less than 3 years but
intent to disrobe. which may extend to 7
years and fine.
77 Voyeurism. Imprisonment for not Cognizable. Bailable. Court of Session.
less than 1 year but
which may extend to 3
years and fine.
Second or subsequent Imprisonment for not Cognizable. Non-bailable. Court of Session.
conviction. less than 3 years but
which may extend to 7
years and fine.
78(2) Stalking. Imprisonment up to Cognizable. Bailable. Any Magistrate.
3 years and fine.
Second or subsequent Imprisonment up to Cognizable. Non-bailable. Any Magistrate.
conviction. 5 years and fine.
79 Uttering any word or Simple imprisonment Cognizable. Bailable. Any Magistrate.
making any gesture for 3 years and fine.
intended to insult the
modesty of a woman, etc.
80(2) Dowry death. Imprisonment for not Cognizable. Non-bailable. Court of Session.
less than 7 years but
which may extend to
imprisonment for life.
81 A man by deceit causing a Imprisonment for 10 Non- Non-bailable. Magistrate of the
woman not lawfully years and fine. cognizable. first class.
married to him to believe,
that she is lawfully married
to him and to cohabit with
him in that belief.
1 2 3 4 5 6
82(1) Marrying again during the Imprisonment for Non-cognizable. Bailable. Magistrate of the
life time of a husband or 7 years and fine. first class.
wife.
82(2) Same offence with Imprisonment for Non-cognizable. Bailable. Magistrate of the
concealment of the former 10 years and fine. first class.
marriage from the person
with whom subsequent
marriage is contracted.
83 A person with fraudulent Imprisonment up Non-cognizable. Non-bailable. Magistrate of the
intention going through the to 7 years and fine. first class.
ceremony of being married,
knowing that he is not
thereby lawfully married.
84 Enticing or taking away or Imprisonment for Non-cognizable. Bailable. Any Magistrate.
detaining with a criminal 2 years, or fine, or
intent a married woman. both.
85 Punishment for subjecting Imprisonment for Cognizable if Non-bailable. Magistrate of the
a married woman to 3 years and fine. information relating first class.
cruelty. to the commission of
the offence is given
to an officer in
charge of a police
station by the person
aggrieved by the
offence or by any
person related to her
by blood, marriage
or adoption or if
there is no such
relative, by any
public servant
belonging to such
class or category as
may be notified by
the State
Government in this
behalf.
87 Kidnapping, abducting or Imprisonment for Cognizable. Non-bailable. Court of Session.
inducing woman to 10 years and fine.
compel her marriage, etc.
88 Causing miscarriage. Imprisonment for Non-cognizable. Bailable. Magistrate of the
3 years, or fine, or first class.
both.
If the woman be quick Imprisonment for Non-cognizable. Bailable. Magistrate of the
with child. 7 years and fine. first class.
1 2 3 4 5 6
89 Causing miscarriage Imprisonment for life, Cognizable. Non-bailable. Court of Session.
without women's consent. or imprisonment for
10 years and fine.
90(1) Death caused by an act Imprisonment for 10 Cognizable. Non-bailable. Court of Session.
done with intent to cause years and fine.
miscarriage.
90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session.
women's consent. or as above.
91 Act done with intent to Imprisonment for Cognizable. Non-bailable. Court of Session.
prevent a child being born 10 years, or fine, or
alive, or to cause it to die both.
after its birth.
92 Causing death of a quick Imprisonment for Cognizable. Non-bailable. Court of Session.
unborn child by an act 10 years and fine.
amounting to culpable
homicide.
93 Exposure of a child under Imprisonment for Cognizable. Bailable. Magistrate of the
12 years of age by parent 7 years, or fine, or first class.
or person having care of it both.
with intention of wholly
abandoning it.
94 Concealment of birth by Imprisonment for 2 Cognizable. Bailable. Magistrate of the
secret disposal of dead years, or fine, or both. first class.
body.
95 Hiring, employing or Imprisonment for not Cognizable. Non-bailable. Magistrate of the
engaging a child to less than 3 years but first class.
commit an offence. which may extend to
10 years and fine.
If offence be committed. Same as for the Cognizable. Non-bailable. Court by which
offence committed. offence
committed is
triable.
96 Procuration of child. Imprisonment for Cognizable. Non-bailable. Court of Session.
10 years and fine.
97 Kidnapping or abducting Imprisonment for Cognizable. Non-bailable. Magistrate of the
a child under ten years 7 years and fine. first class.
with intent to steal from
its person.
98 Selling child for purposes Imprisonment for Cognizable. Non-bailable. Court of Session.
of prostitution, etc. 10 years and fine.
99 Buying child for purposes Imprisonment for not Cognizable. Non-bailable. Court of Session.
of prostitution, etc. less than 7 years but
which may extend to
14 years and fine.
103(1) Murder. Death or Cognizable. Non-bailable. Court of Session.
imprisonment for life
and fine.
1 2 3 4 5 6
103(2) Murder by group of five Death or with Cognizable. Non-bailable. Court of Session.
or more persons. imprisonment for life
and fine.
104 Murder by life-convict. Death or Cognizable. Non-bailable. Court of Session.
imprisonment for life,
which shall mean the
remainder of that
person's natural life.
105 Culpable homicide not Imprisonment for life, Cognizable. Non-bailable. Court of Session.
amounting to murder, if or Imprisonment for
act by which the death is not less than 5 years
caused is done with but which may extend
intention of causing death, to 10 years and fine.
etc.
If act be done with Imprisonment for Cognizable. Non-bailable. Court of Session.
knowledge that it is likely 10 years and with
to cause death, but fine.
without any intention to
cause death, etc.
106(1) Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the
negligence. 5 years and fine. first class.
Causing death by Imprisonment for Cognizable. Bailable. Magistrate of the
negligence by registered 2 years and fine. first class.
medical practitioner.
106(2) Causing death by rash and Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the
negligent driving of years and fine. first class.
vehicle and escaping.
107 Abetment of suicide of Death, or Cognizable. Non-bailable. Court of Session.
child or person of imprisonment for life,
unsound mind, etc. or imprisonment for
10 years and fine.
108 Abetment of suicide. Imprisonment for Cognizable. Non-bailable. Court of Session.
10 years and fine.
109(1) Attempt to murder. Imprisonment for Cognizable. Non-bailable. Court of Session.
10 years and fine.
If such act causes hurt to Imprisonment for life, Cognizable. Non-bailable. Court of Session.
any person. or as above.
109(2) Attempt by life-convict to Death, or Cognizable. Non-bailable. Court of Session.
murder, if hurt is caused. imprisonment for life
which shall mean the
remainder of that
person's natural life.
110 Attempt to commit Imprisonment for 3 Cognizable. Non-bailable. Court of Session.
culpable homicide. years, or fine or both.
If such act causes hurt to Imprisonment for 7 Cognizable. Non-bailable. Court of Session.
any person. years, or fine, or both.
1 2 3 4 5 6
111(2) Organised crime resulting Death or imprisonment Cognizable. Non-bailable. Court of Session.
(a) in death of any person. for life and fine of not
less than 10 lakh
rupees.
111(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session.
(b) less than 5 years but
which may extend to
imprisonment for life
and fine of not less
than 5 lakh rupees.
111(3) Abetting, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session.
conspiring or knowingly less than 5 years but
facilitating the commission which may extend to
of organised crime. imprisonment for life
and fine of not less
than 5 lakh rupees.
111(4) Being a member of an Imprisonment for not Cognizable. Non-bailable. Court of Session.
organised crime syndicate. less than 5 years but
which may e
Current law India Code — BNSS 2023