Judicial Services Exam (PCS-J) Indian Penal Code and Bharatiya Nyaya Sanhita Syllabus

Indian Penal Code and Bharatiya Nyaya Sanhita syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Indian Penal Code and Bharatiya Nyaya Sanhita in Judicial Services Exam (PCS-J), not a summary of it.

1. 1

   General Principles of Criminal Liability

   4 topics

   • Elements of Crime - Mens Rea and Actus Reus
   • Stages of Crime
     • Intention, preparation and attempt
     • Distinction between preparation and attempt
   • Joint and Constructive Liability
     • Common intention - Section 34 IPC / corresponding BNS
     • Common object and unlawful assembly
     • Abetment and criminal conspiracy
   • General Explanations and Definitions
2. 2

   General Exceptions

   6 topics

   • Mistake of Fact and Mistake of Law
   • Judicial and Statutory Acts
   • Accident, Necessity and Infancy
   • Insanity and Intoxication
     • M'Naghten rules and unsoundness of mind
     • Voluntary and involuntary intoxication
   • Consent, Good Faith and Trifling Acts
   • Right of Private Defence
     • Defence of body and property
     • Extent and limits including causing death
3. 3

   Offences Against the Human Body

   5 topics

   • Culpable Homicide and Murder
     • Distinction and the four clauses
     • Exceptions reducing murder to culpable homicide
   • Death by Negligence and Dowry Death
   • Hurt and Grievous Hurt
   • Wrongful Restraint, Confinement and Criminal Force
   • Kidnapping and Abduction
4. 4

   Offences Against Property and Document

   5 topics

   • Theft, Extortion, Robbery and Dacoity
     • Distinguishing theft, extortion and robbery
     • Aggravated forms and gang offences
   • Criminal Misappropriation and Criminal Breach of Trust
   • Cheating and Dishonest Inducement
   • Mischief and Criminal Trespass
   • Forgery and Offences Relating to Documents
5. 5

   Offences Against Women, State and Public Tranquillity

   5 topics

   • Sexual Offences
     • Rape - definition, consent and aggravated forms
     • Outraging modesty and sexual harassment
   • Cruelty by Husband and Relatives
   • Defamation
   • Offences Against the State and Public Tranquillity
   • Transition from IPC to Bharatiya Nyaya Sanhita, 2023
     • Structural and numbering changes
     • New offences and organised crime / terrorism provisions

Indian Penal Code and Bharatiya Nyaya Sanhita flashcards for Judicial Services Exam (PCS-J)

25 of 49 cards from the Indian Penal Code and Bharatiya Nyaya Sanhita deck — real questions with worked answers.

1. What are the two essential elements of a crime, and what does each mean?

   Actus reus (the guilty/prohibited physical act or omission) and mens rea (the guilty mind or criminal intent). For most crimes both must coincide; the maxim is 'actus non facit reum nisi mens sit rea' - an act does not make one guilty unless the mind is also guilty.

2. What is the difference between motive, intention and knowledge in criminal law?

   Motive is the underlying reason or emotion driving an act (generally irrelevant to liability but relevant to evidence/sentencing). Intention is the conscious purpose/desire to bring about a result. Knowledge is awareness that a consequence is likely to follow. Intention reflects desired result; knowledge reflects awareness of probability.

3. What are the four stages of a crime?

   (1) Intention (mental stage, generally not punishable alone), (2) Preparation (generally not punishable except specified offences like preparation to wage war or dacoity), (3) Attempt (punishable), and (4) Commission/Accomplishment of the offence.

4. What is the test to distinguish preparation from attempt?

   Attempt begins when the accused, with the requisite intent, takes a step that is proximate to and directly connected with the commission of the offence - moving beyond mere preparation. Tests include the proximity test, doctrine of locus poenitentiae (point of no return), and the impossibility/unequivocality test.

5. What does Section 34 IPC (S.3(5) BNS) on common intention provide?

   When a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he did it alone. It requires a pre-arranged plan/prior meeting of minds and participation; it is a rule of evidence creating joint/vicarious liability, not a substantive offence.

6. How does common intention (S.34) differ from common object (S.149)?

   Common intention (S.34) requires a prior meeting of minds and active participation by 2+ persons. Common object (S.149) requires an unlawful assembly of 5+ persons; a member is liable for offences committed in prosecution of the common object even without a prior plan or active participation. S.34 needs participation; S.149 does not.

7. What is constructive/vicarious liability under Section 149 IPC (S.190 BNS)?

   Every member of an unlawful assembly is guilty of any offence committed by any member in prosecution of the common object, or which members knew was likely to be committed, even if that particular member did not personally commit it.

8. Under the General Clauses/IPC definitions, what does the word 'voluntarily' mean (S.39 IPC)?

   A person causes an effect 'voluntarily' when he causes it by means whereby he intended to cause it, or by means which at the time of employing them he knew or had reason to believe to be likely to cause it.

9. What is the meaning of 'good faith' under Section 52 IPC (S.2(11) BNS)?

   Nothing is said to be done or believed in 'good faith' which is done or believed without due care and attention. The IPC standard of good faith requires the exercise of due care and attention.

10. Distinguish 'wrongful gain' and 'wrongful loss' under Section 23 IPC.

    'Wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled. Both involve gaining/losing property by unlawful means.

11. What is the general rule regarding mistake of fact versus mistake of law (S.76 and S.79 IPC)?

    Mistake of fact is a valid defence ('ignorantia facti excusat') - a person who by reason of a mistake of fact in good faith believes himself bound/justified by law is excused. Mistake of law is no defence ('ignorantia juris non excusat').

12. What is the difference between Section 76 and Section 79 IPC?

    S.76 protects a person who by mistake of fact (not law) in good faith believes himself BOUND by law to do the act. S.79 protects a person who by mistake of fact in good faith believes himself JUSTIFIED by law in doing the act. S.76 = bound; S.79 = justified.

13. What protection do Sections 77 and 78 IPC give to judicial and statutory acts?

    S.77 protects a Judge acting judicially in the exercise of any power which he believes in good faith to be given to him by law. S.78 protects an act done pursuant to the judgment or order of a Court, while it remains in force, even if the Court had no jurisdiction, provided the person believed in good faith the Court had jurisdiction.

14. What is the defence of accident under Section 80 IPC?

    Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. All these conditions must be satisfied.

15. What is the defence of necessity under Section 81 IPC?

    An act likely to cause harm is not an offence if done without criminal intention, in good faith, to prevent or avoid other harm to person or property, where the harm prevented is greater than the harm caused (the choice of the lesser evil / doctrine of necessity).

16. What is the position regarding criminal liability of children (infancy) under Sections 82 and 83 IPC?

    S.82: Nothing is an offence done by a child under 7 years of age (doli incapax - absolute immunity). S.83: A child above 7 and under 12 is not liable if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct (qualified immunity).

17. What is the defence of insanity (unsoundness of mind) under Section 84 IPC?

    Nothing is an offence done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law. It is based on the McNaghten Rules and concerns legal, not merely medical, insanity.

18. How do Sections 85 and 86 IPC treat intoxication as a defence?

    S.85: Involuntary intoxication (without knowledge or against his will) is a complete defence if it renders the person incapable of knowing the nature/wrongfulness of the act. S.86: In voluntary intoxication, knowledge is presumed (treated as if not intoxicated), but specific intent is judged on actual facts - voluntary drunkenness is generally no defence.

19. What is the effect of consent as a defence under Sections 87, 88 and 90 IPC?

    S.87: Consent of a person above 18 to an act not intended/known to cause death or grievous hurt. S.88: Consent to acts done in good faith for the person's benefit (e.g., surgery), not intended to cause death. S.90 defines invalid consent: given under fear/misconception, by an unsound mind, or by a child under 12 is not valid consent.

20. What does Section 95 IPC (trifling acts) provide?

    Nothing is an offence by reason that it causes, or is intended to cause, or is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of it ('de minimis non curat lex' - the law does not concern itself with trifles).

21. What is the right of private defence and against whom does it extend (Sections 96-98 IPC)?

    S.96: Nothing done in the exercise of the right of private defence is an offence. The right extends to defence of one's own body and the body of any other person, and of property (movable/immovable) of oneself or another, against offences. It exists even against acts of persons of unsound mind, infancy, etc. (S.98).

22. When does the right of private defence of body extend to causing death (Section 100 IPC)?

    When the assault reasonably causes apprehension of: (1) death, (2) grievous hurt, (3) rape, (4) gratifying unnatural lust, (5) kidnapping/abduction, (6) wrongful confinement under circumstances of inability to have recourse to public authorities, or (7) acid attack/throwing acid (added later). Otherwise the right extends only to causing harm short of death.

23. What are the limits/conditions on the right of private defence (Section 99 and 102/105 IPC)?

    No right against acts of a public servant acting in good faith under colour of office, or where there is time to have recourse to public authorities; the harm inflicted must not be more than necessary for defence (proportionality). The right commences when reasonable apprehension of danger arises and continues as long as it lasts (S.102 for body, S.105 for property).

24. How does Section 299 IPC define culpable homicide?

    Whoever causes death by doing an act with (a) the intention of causing death, (b) the intention of causing such bodily injury as is likely to cause death, or (c) the knowledge that he is likely by such act to cause death, commits culpable homicide.

25. What are the four clauses of murder under Section 300 IPC?

    Culpable homicide is murder if the act is done: (1) with intention of causing death; (2) with intention of causing bodily injury the offender knows to be likely to cause death of that person; (3) with intention of causing bodily injury sufficient in the ordinary course of nature to cause death; or (4) with knowledge the act is so imminently dangerous it must in all probability cause death, done without excuse.

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