BNS 2023 — Offences Against Human Body: Complete Notes
Chapter VI of the Bharatiya Nyaya Sanhita (BNS) 2023 — “Offences Affecting the Human Body” — covers Sections 100 to 146. This is one of the most critical chapters for any judiciary examination, including PCS-J, APO, and Civil Judge exams. The BNS replaced the Indian Penal Code (IPC) 1860, and while the structure is largely preserved, several provisions have been amended or renumbered.
Chapter Overview — BNS Sections 100–146
| BNS Section | Subject | IPC Equivalent |
|---|---|---|
| 100 | Right of Private Defence of Body — when it extends to causing death | Section 100 |
| 101 | Right of Private Defence — when it does not extend to causing death | Section 101 |
| 102 | Commencement and Continuance of Right of Private Defence | Section 102 |
| 103 | Murder | Section 302 |
| 104 | Culpable Homicide | Section 299 |
| 105 | Culpable Homicide Not Amounting to Murder (punishment) | Section 304 |
| 106 | Causing Death by Negligence | Section 304A |
| 108 | Abetment of Suicide | Section 306 |
| 109 | Attempt to Commit Suicide | Section 309 (modified) |
| 113 | Attempt to Murder | Section 307 |
| 114 | Hurt | Section 319 |
| 117 | Grievous Hurt | Section 320 |
| 118 | Voluntarily Causing Hurt — punishments | Section 321/323 |
| 125 | Act Endangering Life or Personal Safety of Others | Section 336 |
| 136 | Assault | Section 351 |
| 137 | Assault or Criminal Force to Deter Public Servant | Section 353 |
| 140 | Assault or Criminal Force with Intent to Outrage Modesty | Section 354 |
| 146 | Kidnapping from India | Section 360 |
Section 100 BNS — Right of Private Defence Extending to Causing Death
Section 100 BNS enumerates the specific circumstances under which the right of private defence of the body extends to voluntarily causing the death of the assailant. These are:
- An assault which reasonably causes apprehension of death
- An assault which reasonably causes apprehension of grievous hurt
- An assault with the intention of committing rape
- An assault with the intention of gratifying unnatural lust
- An assault with the intention of kidnapping or abducting
- An assault with the intention of wrongfully confining a person in a situation where they cannot have recourse to public authority
- An act of throwing or administering acid or attempting to throw or administer acid
Key principle: The right of private defence is a right of defence only — not of offence. It can only be exercised when there is reasonable apprehension of harm.
Culpable Homicide vs Murder — Critical Distinction (BNS 2023)
The distinction between Culpable Homicide (Section 104 BNS) and Murder (Section 103 BNS) is the most frequently tested topic in judiciary exams.
| Aspect | Culpable Homicide (S.104) | Murder (S.103) |
|---|---|---|
| Definition | Causing death with intention or knowledge that the act is likely to cause death | Culpable homicide that falls under any of the four clauses of S.103 |
| Relationship | Genus (broader category) | Species (narrower, aggravated form) |
| Classic formula | All murders are culpable homicide, but not all culpable homicide is murder | Same |
| Exceptions | Five exceptions under S.103 reduce murder to culpable homicide | N/A |
| Punishment | Up to 10 years or life imprisonment + fine (S.105) | Death or life imprisonment + fine (S.103) |
Five Exceptions That Reduce Murder to Culpable Homicide (Section 103 BNS)
- Grave and sudden provocation — the accused was deprived of self-control by grave and sudden provocation
- Right of private defence exceeded — the offender exceeded the right in good faith without premeditation
- Public servant acting in good faith — act done by a public servant in good faith in exercise of lawful powers
- Sudden fight without premeditation — in the heat of passion arising on a sudden quarrel
- Consent — the person whose death is caused, being above 18 years, suffers death or takes risk of death with own consent
Section 113 BNS — Attempt to Murder
Section 113 BNS (= IPC Section 307) punishes any act done with intent to commit murder if that act, if death had ensued, would have amounted to murder.
- Punishment: Imprisonment up to 10 years + fine
- If hurt caused: Life imprisonment or 10 years + fine
- If offender is serving life sentence: Death penalty
Key difference from murder: In attempt to murder, death does not result — but the requisite intention must exist.
Hurt and Grievous Hurt — BNS 2023
Hurt (Section 114 BNS)
Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt.
Grievous Hurt (Section 117 BNS)
The following kinds of hurt only are designated as “Grievous Hurt”:
- Emasculation
- Permanent privation of the sight of either eye
- Permanent privation of the hearing of either ear
- Privation of any member or joint
- Destruction or permanent impairing of the powers of any member or joint
- Permanent disfiguration of the head or face
- Fracture or dislocation of a bone or tooth
- Any hurt which endangers life or which causes the sufferer to be in severe bodily pain for twenty days
Causing Death by Negligence — Section 106 BNS
Section 106 BNS (= IPC Section 304A) deals with causing death by a rash or negligent act not amounting to culpable homicide.
- Punishment: Imprisonment up to 2 years, or fine, or both
- Key element: No intention to cause death — mere negligence or rashness
- New addition in BNS: Section 106(2) specifically addresses medical negligence — if a registered medical practitioner causes death by negligence while performing a medical procedure, punishment is up to 2 years
Section 136 BNS — Assault
Whoever makes any gesture or preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that the person making the gesture or preparation is about to use criminal force to that person is said to commit an assault.
Key distinction: Assault does not require actual use of force — the apprehension of force is sufficient.
Quick Reference — Key BNS Punishments
| Offence | Section | Maximum Punishment |
|---|---|---|
| Murder | 103 | Death / Life + Fine |
| Culpable Homicide (not murder) | 105 | Life / 10 years + Fine |
| Death by Negligence | 106 | 2 years + Fine |
| Abetment of Suicide | 108 | 10 years + Fine |
| Attempt to Murder | 113 | 10 years / Life + Fine |
| Voluntarily Causing Hurt | 118 | 1 year / ₹1,000 Fine |
| Voluntarily Causing Grievous Hurt | 120 | 7 years + Fine |
| Assault | 136 | 3 months / ₹500 Fine |
Quiz data missing.
Frequently Asked Questions — BNS Offences Against Human Body
What is the key difference between murder and culpable homicide under BNS 2023?
Under BNS 2023, Culpable Homicide (Section 104) is the genus and Murder (Section 103) is the species. All murders are culpable homicide, but not all culpable homicide is murder. The distinction lies in the degree of intention and knowledge. Murder requires higher culpability — the act must fall under one of the four clauses of Section 103.
How many clauses does Section 100 BNS list for private defence extending to causing death?
Section 100 BNS lists 7 situations where private defence of the body extends to causing death — including apprehension of death, grievous hurt, rape, unnatural lust, kidnapping, wrongful confinement, and acid attacks.
What is the punishment for attempt to murder under BNS 2023?
Under Section 113 BNS 2023, attempt to murder is punishable with imprisonment up to 10 years and fine. If hurt is caused, the punishment is life imprisonment or 10 years and fine.
What is a new addition in BNS regarding medical negligence?
Section 106(2) BNS specifically addresses registered medical practitioners causing death by negligence during a medical procedure — the punishment is up to 2 years imprisonment. This is a new provision not found in the IPC.
How many kinds of Grievous Hurt are listed in BNS 2023?
Section 117 BNS lists 8 kinds of Grievous Hurt — emasculation, loss of sight, loss of hearing, loss of member/joint, permanent impairment of joint, permanent disfiguration of head/face, fracture/dislocation, and hurt causing severe pain for 20+ days or endangering life.
