The Bharatiya Nyaya Sanhita, 2023

Act No. 45

25-Dec-2023

Section 1 — Short title, commencement and application

1. Short title, commencement and application. -

(1)This Act may be calle d the Bharatiya Nyaya Sanhita, 2023.

(2)It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.

(3)Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

(4)Any person liable, by any law for the time being in force in India , to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

(5)The provisions of this Sanhita sha ll also apply to any offence committed by -

(a)any citizen of India in any place without and beyond India;

(b)any person on any ship or aircraft registered in India wherever it may be;

(c)any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation. -In this section, the word “offence ” includes every act committed outside India which, if committed in India, would be punish able under this Sanhita. Illustration. A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

(6)Nothing in this Sanhita shall affect t he provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

Section 2 — Definitions

2. Definitions . -- In this Sanhita, unless the context otherwise requires, --

(1)“act” denotes as well a series of acts as a single act;

(2)“animal ” means any living creature, other than a human being;

(3)“child ” means any person below the age of eighteen years;

(4)“counterfeit ”.--A person is said to “counterfeit ” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

Section 1 — 1st July, 2024, except the provision of sub -section ( 2) of section 106, vide notification No. S.O. 850( E), dated, 23rd day of

1. 1st July, 2024, except the provision of sub -section ( 2) of section 106, vide notification No. S.O. 850( E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3( ii). 15 Explanation 1.-It is not essential to counterfeiting that the imitation should be exact. Explanation 2.-When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resembl e the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;

🟡 Yellow = Single meaning

🔵 Blue = Multiple meanings

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