IPC/Bharatiya Nyaya Sanhita – Key Topics for Judicial Prelims
A subject-wise bullet-point short note covering the most frequently asked areas of Bharatiya Nyaya Sanhita (BNS)/Indian Penal Code (IPC) relevant for judicial services preliminary exams of states like Delhi, MP, UP, Bihar, Rajasthan, Haryana, Punjab, Jharkhand, and Chhattisgarh.
The notes will include section references, key concepts, and exam-centric highlights.
IPC/Bharatiya Nyaya Sanhita – Key Topics for Judicial Prelims
General Exceptions (IPC Sec 76–106; BNS Ch 3, Sec 14–24)
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Mistake of Fact (Sec 76 IPC; BNS §14) – Acting under an honest & reasonable mistake of fact (not of law) excuses liability. E.g. a soldier firing under lawful orders is not guilty.
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Judicial Acts (Sec 77–78) – Acts by a judge or public servant under color of law, done without malice, are excused.
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Accident (Sec 80 IPC; BNS §18) – Injury caused by accident or misfortune, without criminal intent, is no offence. (Jogeshwar v Emperor: Sec 80 fails if the underlying act was illegal.)
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Absence of Criminal Intent (Sec 81–86, 92–94) – Includes “act to prevent other harm”, infancy (Sec 82), insanity (84), intoxication (85–86), lawful communication (93), coercion (94). No offence if one acted to avoid greater harm or under valid excuse.
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Consent (Sec 87–91) – Acts done with consent (not beyond consent’s scope) are not offences.
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Trifling Acts (Sec 95) – Causing only very slight harm (to a person other than sovereign) is excused.
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Private Defence (Sec 96–106; BNS §34–44) – Use of reasonable force to defend one’s body or property is lawful. Rights include self-defence and defence of others, but exceeding necessary force incurs liability.
General Principles (Mens Rea, Abetment, Conspiracy, Attempt)
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Intention vs. Knowledge – Crime generally requires mens rea (intention/knowledge). Intention means conscious objective (e.g. intending death = murder), whereas motive is irrelevant to guilt. Definitions: “dishonestly” (Sec 24), “fraudulently” (Sec 25), “wrongful gain/loss” (Sec 23) govern property crimes.
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Common Intention (IPC 34) – When two or more persons share a plan to commit an offence, each is liable for acts done in furtherance of that plan. (E.g. group murder or rape.)
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Abetment (IPC 107–120; BNS §45–49) – Abetment means instigating, engaging in conspiracy, or intentionally aiding the commission of a crime. The abettor is punished as if he committed the crime. (Key case: Vidyaben v. State, 1980 – upheld that guilty intention must be proved.)
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Criminal Conspiracy (IPC 120A–B; BNS §61) – Agreement between two or more persons with the common object to do an illegal act (or do a legal act by illegal means). At least one overt act beyond mere agreement is needed. Punishment equals that for the object offence (life/death if that is max).
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Attempt (IPC 511; BNS §62) – Any act done towards commission of a crime (even if the crime is not completed) is an attempt. Punishable up to half the maximum term of the intended offence (e.g. attempt to commit life-imprisonment offence gets ≤½ life). Illustrations: breaking into an empty safe still fulfils attempt.
Offences Against the Human Body
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Murder vs. Culpable Homicide – Murder (IPC 300/BNS §100) requires intent to cause death or knowledge that death is likely. Culpable Homicide (IPC 299) includes killings lacking such intent. All murders (save certain exceptions) are punished under Sec 302. Exceptions in Sec 300 (grave sudden provocation, private defence gone wrong, consent of a competent adult, etc.) reduce murder to culpable homicide.
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Punishments for Homicide – Murder (Sec 302) carries death or life. Culpable homicide not amounting to murder (Sec 304/BNS §105) carries life or ≤10 years. Accident-caused death (negligence) under Sec 304A penalizes up to 2 yrs.
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Grievous Hurt (IPC 320; BNS §114) – Examples: maiming, permanent disfigurement, causing severe bodily injury or danger to life. Grievous hurt is punished with up to 7 yrs (Sec 325); simple hurt (Sec 323) up to 1 yr.
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Dowry Death (IPC 304B; BNS §80) – Death of a married woman (within 7 yrs of marriage) caused by burns or injury, when soon before her death she was subjected to cruelty or harassment by husband/relatives for dowry. Husband/relatives are deemed to have caused death. Punishment is 7 yrs to life.
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Cruelty to Woman (IPC 498A; BNS §85) – Willful conduct by husband/relatives that endangers life, limb, or health of a woman, or harassment for dowry. Punishable up to 3 yrs.
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Sexual Assault (BNS Chap 5) – Rape (IPC 375/BNS §63) – non‑consensual penile penetration of woman’s vagina/anus/oral cavity. Minimum punishment is 10 yrs (often life). Aggravated circumstances (e.g. by police/jailor, on a minor) raise minimum punishment. Rape on woman <16 (BNS §65) or <12 (BNS §66) carries ≥20 yrs. Gang rape (BNS §70) – all participants (≥2 persons) guilty of rape with ≥20 yrs. Marital rape (wife 18+) remains an exception (not an offence).
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Other Offences – Assault with intent to disrobe or outrage modesty of woman (IPC 354/BNS §76–79) – various punishments (3–10 yrs for disrobing intent, 1–5 yrs for modesty). Kidnapping/abduction (IPC 360–363/BNS §93–97) of women/children; trafficking minors; inducing miscarriage (IPC 312–315/BNS §88–97); and offenses like indecent representation or stalking (IPC 354D, BNS §72) – all heavily penalized.
Offences Against Property
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Theft (IPC 378; BNS §303) – Dishonestly taking movable property out of another’s possession without consent. Punishable up to 3 yrs or fine.
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Robbery & Dacoity (IPC 390–391; BNS §309–310) – Robbery = theft + use or threat of force; punished by ≥10 yrs (and up to life if deadly weapon used). Dacoity = robbery by 5+ persons; punished by 10 yrs to life. Preparing for dacoity (IPC 399) also punishable.
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Extortion (IPC 383; BNS §308) – Dishonest inducing of consent to part with property by threat of injury. Punishable up to 3 yrs.
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Criminal Breach of Trust (IPC 405; BNS §316) – Trustee misappropriates or converts property entrusted to him; ≤3–7 yrs. Dishonest misappropriation (IPC 403; BNS §314) is taking property without entrustment; ≤3 yrs. Receiving or dealing in stolen property (IPC 411, 413–414; BNS §317) is illegal.
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Cheating (IPC 415; BNS §318) – Deception that causes wrongful loss to another or wrongful gain to oneself; special case “cheating with delivery of property” (IPC 420/BNS §320) punishes inducing delivery of property by false promise – up to 7 yrs.
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Mischief (IPC 425; BNS §324) – Intentionally damaging property; punishment varies. Setting fire (arson) is mischievous and can attract life imprisonment.
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Criminal Trespass (IPC 441–446; BNS §329–334) – Entering or remaining on property dishonestly or unlawfully, with intent to commit an offence or intimidate. House-trespass (night entry) is a graver form. Punishable up to 3 yrs and fine.
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Key Definitions – “Movable property” includes corpses and gas (IPC 22). “Valuable security”, “document”, “public servant” (IPC 21) are often tested concepts.
Offences Against Women & Children (BNS Chap 5)
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Sexual Offences (see above).
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Assault on Women’s Modesty – (IPC 354, BNS §74) – assault with intent to outrage modesty; punishable by 1–5 yrs or fine. BNS retains “outraging modesty” terminology. Voyeurism (IPC 354C) and stalking (IPC 354D) are also penalized (up to 3–5 yrs).
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Marriage-related Offences – Child Marriage – BNS defines dowry death (see above) and bans of child marriage indirectly. Cohabitation by Deceit (IPC 493; BNS §81) – deceiving woman into unlawful intercourse by pretending to be lawfully married; ≤10 yrs. Bigamy (IPC 494; BNS §82) – marrying again during lifetime of spouse; ≤7 yrs. Adultery (IPC 497) has been struck down.
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Cruelty & Harassment – BNS §85 explicitly penalizes cruelty by husband/relatives (formerly IPC 498A) – conduct like willfully causing danger or harassment for dowry; ≤3 yrs. Other acts: Detaining a married woman to compel marriage (IPC 498, BNS §78) – ≤7 yrs.
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Child Offences – Abduction of Children (IPC 363–369; BNS §93–97) – kidnapping/abducting minors under 16; up to 10 yrs. Exposing a Child (IPC 312; BNS §93) – father or person leaving child under 12 in dangerous place; ≤7 yrs. Buying/Selling Minors (BNS §97) – ≤7 yrs. (Sexual offences involving minors are covered under POCSO).
Criminal Trespass, Defamation, Public Servant Offences
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Criminal Trespass – (Discussed above under property).
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Defamation (IPC 499–502; BNS §356) – Publication of any imputation harming reputation. Defences: truth (if for public good), opinions, privilege. Punishable by ≤2 yrs or fine. (Truth must be proved not just reasonable.)
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Criminal Intimidation (IPC 503–506) – Threat of injury to person/property/reputation. Punishable by ≤2 yrs (IPC 503) or ≤7 yrs if threat is to cause death or grievous hurt (IPC 506).
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Public Servant Offences (IPC Chapter IX; BNS Ch 12) – Key provisions: Sec 166 (IPC)/§198 (BNS) – Public servant disobeying law to cause injury (≤1 yr). Sec 167/§199 – Framing false evidence/document (≤3 yrs). Sec 170/§202 – Personating a public servant (≤2 yrs). Sec 171E – Corrupt practice in elections. Many corruption offences now in PC Act (e.g. bribery). Other IPC §§: 168/169 (PS engaging in trade/purchase, ≤1–2 yrs), 171B (false address) etc.
Key Definitions & Punishments
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Mens Rea & Definitions – “Intention” (to commit act), “knowledge” (aware act likely illegal) are critical. “Voluntarily” (Sec 39) means intentionally (fate excludes accident). Definitions of offence (Sec 38–52A) – e.g. “public servant” (21) “movable property” (22). “Dishonestly” and “fraudulently” distinctions (Sec 24–25).
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Punishments – Death penalty (IPC Chapter VA) is limited (now only for rarest crimes like murder under special circumstances, terrorist acts). “Rarest of rare” rule (Bachan Singh v. Punjab, 1980) restricts death sentence. Life imprisonment means till natural death, but subject to remission. Imprisonment for life or term is per section. Fine – may be imposed additionally. Community service introduced in BNS for certain offences.
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Procedural Cross-Refs (BNSS/CrPC) – BNSS (2023) replaces CrPC (effective Jul 2024) with procedural changes: e.g. mandatory forensic collection for crimes ≥7 yrs; extended police custody (15 days) before bail; stricter interim bail rules (no automatic release if multiple charges); fixed timelines (e.g. 7 days for rape-medical report, 30 days for trial judgment). These affect investigation/trial (aspirants should note the change from old CrPC).
Frequently Asked Sections (Sec Nos. for Revision)
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Murder & Rape: IPC 300 (Murder), 302 (punishment); IPC 375 (Rape), 376 (punishment). (BNS §§100,64).
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Hurt & Grievous Hurt: IPC 319–320 (definitions); 323 (simple hurt), 325 (grievous hurt punishment). (BNS §§114–115).
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Abetment & Conspiracy: IPC 107–108 (Abetment definitions), 109 (abetment if offence committed); 120A–B (Conspiracy). (BNS §§45,61).
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Common Intention: IPC 34 (acts in furtherance of common intention).
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Cheating & Property Crimes: IPC 420 (cheating with delivery); 406/405 (CBT); 415 (cheating).
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Criminal Breach of Trust: 405; Extortion: 383; Criminal Trespass: 441.
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Dowry & Cruelty: 304B (dowry death); 498A (cruelty). (BNS §§80,85).
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Defamation/Intimidation: 499 (defamation); 503/506 (intimidation).
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Public Servants: 166 (disobey law); 167 (false evidence); 170 (personation).
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Attempt & Misc.: 511 (attempt); 34 (common intention); 188 (disobedience of order by public servant); 223 (voluntarily causing hurt), etc.
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