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

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).

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.

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).

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.

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.

What is the basic distinction between culpable homicide and murder?

All murders are culpable homicide, but not all culpable homicide is murder. Murder (S.300) involves a higher degree of intention/knowledge (e.g., injury sufficient in ordinary course of nature to cause death), whereas culpable homicide not amounting to murder (S.299) involves likelihood rather than certainty. The degree of probability of death is the key distinguishing factor.

What are the five exceptions in Section 300 IPC that reduce murder to culpable homicide not amounting to murder?

(1) Grave and sudden provocation; (2) Exceeding the right of private defence in good faith; (3) Public servant exceeding lawful powers in good faith; (4) Sudden fight in the heat of passion without premeditation; (5) Consent of the deceased (above 18 years) to his own death.

What is the punishment for murder and for culpable homicide not amounting to murder?

Murder (S.302 IPC / S.103 BNS): death or imprisonment for life, and fine. Culpable homicide not amounting to murder (S.304 IPC / S.105 BNS): Part I (with intention) - life or up to 10 years + fine; Part II (with knowledge only) - up to 10 years or fine or both.

What does Section 304A IPC (causing death by negligence) provide?

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment up to 2 years, or fine, or both. (In BNS, S.106 increased the punishment; for death by rash/negligent act not amounting to culpable homicide up to 5 years and fine.)

What is dowry death under Section 304B IPC (S.80 BNS)?

Where a woman dies of burns/bodily injury or otherwise than under normal circumstances within 7 years of marriage, and it is shown she was subjected to cruelty/harassment by her husband or his relatives in connection with a demand for dowry soon before death, it is dowry death. Punishment: minimum 7 years up to life imprisonment. A presumption arises under S.113B Evidence Act.

What is the definition of 'hurt' under Section 319 IPC (S.114 BNS)?

Whoever causes bodily pain, disease or infirmity to any person is said to cause 'hurt'.

What constitutes 'grievous hurt' under Section 320 IPC (S.116 BNS)?

Eight kinds: (1) emasculation; (2) permanent privation of sight of either eye; (3) permanent privation of hearing of either ear; (4) privation of any member or joint; (5) destruction/permanent impairing of powers of any member or joint; (6) permanent disfiguration of head or face; (7) fracture or dislocation of a bone or tooth; (8) any hurt that endangers life or causes the sufferer to be in severe bodily pain or unable to follow ordinary pursuits for 20 days.

What is the difference between wrongful restraint and wrongful confinement (Sections 339 & 340 IPC)?

Wrongful restraint (S.339): voluntarily obstructing a person so as to prevent him from proceeding in any direction in which he has a right to proceed. Wrongful confinement (S.340): wrongfully restraining a person so as to prevent him from proceeding beyond certain circumscribing limits. Confinement = restraint within bounds (total restraint); restraint = partial obstruction. Wrongful confinement is an aggravated form of wrongful restraint.

What is criminal force and how does it differ from assault (Sections 350 & 351 IPC)?

Criminal force (S.350): intentionally using force on a person without consent to commit an offence or cause injury/fear/annoyance - requires actual application of force. Assault (S.351): making a gesture or preparation causing apprehension that criminal force is about to be used - no actual contact, only the apprehension. Force = applied; assault = apprehension.

What is the difference between kidnapping from lawful guardianship and abduction (Sections 361 & 362 IPC)?

Kidnapping from lawful guardianship (S.361): taking/enticing a minor (under 16 if male, under 18 if female) or a person of unsound mind out of the keeping of the lawful guardian without consent - age is material, consent of minor immaterial, a substantive offence. Abduction (S.362): by force or deceitful means compelling/inducing any person to go from any place - no age limit, an auxiliary act not an offence by itself unless with the intent specified in S.363A-369.

Compare kidnapping and abduction on key parameters.

Kidnapping: victim is a minor/unsound mind; removal from lawful guardianship; consent of minor immaterial; substantive offence; no specific intent required. Abduction: any person regardless of age; use of force/compulsion/deceit; consent (free) is a defence; a continuing offence; not punishable per se unless coupled with a specified intent (e.g., murder, ransom, marriage).

What is the definition of theft under Section 378 IPC (S.303 BNS)?

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Key ingredients: dishonest intention, movable property, taken out of another's possession, without consent, and moving the property.

What is extortion under Section 383 IPC (S.308 BNS)?

Whoever intentionally puts any person in fear of any injury to that person or another, and thereby dishonestly induces the person so put in fear to deliver any property, valuable security, or anything signed/sealed that may be converted into a valuable security, commits extortion. Delivery of property by the victim due to fear is essential.

Distinguish theft, extortion and robbery.

Theft: dishonest taking of movable property without consent, no fear, no delivery. Extortion: property delivered by victim due to fear of injury (consent obtained wrongfully). Robbery (S.390): aggravated form of theft or extortion accompanied by, or with apprehension of, instant death, hurt, or wrongful restraint. Robbery = theft/extortion + violence or fear of instant harm.

When is theft 'robbery' and when is extortion 'robbery' (Section 390 IPC)?

Theft is robbery if, in committing the theft or carrying away/attempting to carry away property, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or instant fear thereof. Extortion is robbery if the offender, at the time, is in the presence of the person put in fear and induces delivery by fear of instant death/hurt/wrongful restraint.

What is dacoity under Section 391 IPC (S.310 BNS)?

When five or more persons conjointly commit or attempt to commit robbery, or where the whole number of persons committing/aiding the robbery amounts to five or more, every person so committing/attempting/aiding is said to commit dacoity. The key element distinguishing it from robbery is the number - five or more persons.

What is criminal misappropriation of property under Section 403 IPC (S.314 BNS)?

Whoever dishonestly misappropriates or converts to his own use any movable property commits criminal misappropriation. The property comes into the offender's possession innocently or casually (no wrongful taking initially), but is later dishonestly retained/converted - dishonest intention is subsequent to acquiring possession.

What is criminal breach of trust under Section 405 IPC (S.316 BNS)?

Whoever, being in any manner entrusted with property or dominion over property, dishonestly misappropriates or converts it to his own use, or dishonestly uses/disposes of it in violation of any direction of law or legal contract, commits criminal breach of trust. Entrustment plus dishonest misappropriation/conversion in breach are essential.

How does criminal breach of trust differ from criminal misappropriation?

In criminal misappropriation (S.403) there is no entrustment - property comes to the accused casually/innocently and is then dishonestly converted. In criminal breach of trust (S.405) there is entrustment of property or dominion over it, followed by dishonest misappropriation or use in violation of the trust. Entrustment is the distinguishing element.

What is cheating under Section 415 IPC (S.318 BNS)?

Whoever, by deceiving any person, fraudulently or dishonestly induces that person to deliver any property or to consent to its retention, or intentionally induces the deceived person to do or omit anything he would not do/omit if not deceived, where such act/omission causes or is likely to cause damage or harm in body, mind, reputation or property, commits cheating. Deception plus inducement are essential.

What is mischief under Section 425 IPC (S.324 BNS)?

Whoever, with intent to cause, or knowing he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any change in it or its situation that destroys/diminishes its value or utility or affects it injuriously, commits mischief.

What is criminal trespass and house-trespass (Sections 441 & 442 IPC / S.329 BNS)?

Criminal trespass (S.441): entering into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy the person in possession; or having lawfully entered, unlawfully remaining there with such intent. House-trespass (S.442): criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling, place of worship, or place for custody of property.

What is forgery under Sections 463 & 464 IPC (S.336 BNS)?

Forgery (S.463): making a false document or false electronic record (or part of it) with intent to cause damage/injury, to support a claim, to cause a person to part with property, or to commit fraud. S.464 explains 'making a false document' - dishonestly/fraudulently making, signing, sealing, executing, or altering a document to make it appear made by someone who did not make it, or made at a different time.

What are the key changes in the transition from IPC, 1860 to the Bharatiya Nyaya Sanhita, 2023?

BNS replaced IPC (effective 1 July 2024). It reduces sections from 511 to 358, repeals sedition (S.124A) and introduces a new offence against acts endangering sovereignty/unity (S.152), adds community service as a punishment, introduces specific offences for mob lynching and snatching, makes a gender-neutral definition for some offences, adds organised crime and terrorism as offences, and reorganises/renumbers offences (e.g., murder S.103, theft S.303, cheating S.318).