Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Offences Against the Human Body and Property under BNS

Updated 11 October 2026 · Fact-checked

Offences against the human body (culpable homicide, murder, hurt) and against property (theft, extortion, robbery, dacoity, criminal breach of trust) are defined in the Bharatiya Nyaya Sanhita, 2023. To solve a question, identify the act, the intention or knowledge, and the result. Then match them to the definition and name the offence.

Understand Offences Against the Human Body and Property

The Bharatiya Nyaya Sanhita, 2023 (BNS) is India's substantive criminal code. It replaces the Indian Penal Code. It defines each offence and fixes its punishment. The procedure for trying offences sits in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Offences against the human body turn on intention and knowledge. Culpable homicide (section 100) is causing death with the intention of causing death, or of causing a bodily injury likely to cause death, or with the knowledge that the act is likely to cause death. Murder (section 101) is culpable homicide of a higher degree. Culpable homicide is the wider genus. Murder is the species. Culpable homicide is murder when the intention or knowledge reaches the higher level the section requires, unless one of the listed exceptions applies. Exceptions include grave and sudden provocation, exceeding the right of private defence in good faith, and a sudden fight without premeditation. In those cases the offence stays culpable homicide not amounting to murder.

Hurt (section 115) is causing bodily pain, disease or infirmity. Grievous hurt is the more serious kind, such as loss of sight, fracture or dislocation of a bone or tooth, or injury that endangers life. Grievous hurt is defined in section 116. The result and the means used decide how serious the offence is.

Offences against property form a ladder. Theft (section 303) is dishonestly taking movable property out of someone's possession without consent. Extortion (section 308) is putting a person in fear of injury and dishonestly inducing them to deliver property. Robbery (section 309) is theft or extortion made worse by actual or threatened violence, or fear of instant death, hurt or wrongful restraint. Dacoity (section 310) is robbery, or an attempt at it, by five or more persons together.

Criminal breach of trust (section 316) is different. The property is lawfully entrusted to the accused, who then dishonestly misappropriates it or uses it in breach of a legal direction or contract. In theft the property is taken without consent. Here the entrustment is the key fact. The right of private defence (section 35) allows a person to defend body and property, subject to the limits in section 37.

Key rules to remember

Culpable homicide: Act causing death + intention to kill / intention to cause injury likely to cause death / knowledge that death is likely = culpable homicide (s.100); Murder (s.101) is culpable homicide of the higher degree, unless an exception applies.
Theft: Dishonest intention + movable property + taken out of possession + without consent = theft (s.303); Check all four elements. Immovable property cannot be stolen.
Extortion: Fear of injury + dishonest inducement + delivery of property = extortion (s.308); The victim hands over the property, so consent is obtained by fear.
Robbery: Theft or extortion + violence or fear of instant death, hurt or restraint = robbery (s.309); Every robbery contains theft or extortion.
Dacoity: Robbery or attempt by 5 or more persons conjointly = dacoity (s.310); The number is the only difference from robbery.
Criminal breach of trust: Entrustment + dishonest misappropriation or use in breach of direction or contract = criminal breach of trust (s.316); The property is first received lawfully. This separates it from theft.
Place of trial for property offences (BNSS s.201): Theft, extortion, robbery: court where the offence was committed or where the stolen property was possessed by the offender or a knowing receiver; For criminal breach of trust, the court where the offence was committed, or where any part of the property was received, retained, or had to be returned or accounted for.

How to solve Offences Against the Human Body and Property questions

Use this method for any problem or short note on offences against the body or property. It follows the ICSI style: provision, analysis, conclusion.

1Read the facts and list the act, the accused's state of mind, the result and the victim's loss or injury.
2Decide the category: body (death, hurt) or property (theft, extortion, robbery, dacoity, breach of trust).
3For death, check the section 100 limbs first. Then ask whether the murder test in section 101 is met or an exception applies.
4For property, climb the ladder: possession taken without consent means theft. Fear-induced delivery means extortion. Add violence or fear of instant harm for robbery. Add five or more persons for dacoity.
5If the property was handed over lawfully and then misused, consider criminal breach of trust (section 316).
6Apply any defence on the facts, such as private defence (section 35, subject to section 37), provocation or sudden fight.
7Add the procedure point if the question asks: place of trial (BNSS section 201), compounding (BNSS section 359) or bar on second trial (BNSS section 337).
8Write the conclusion in one clear line naming the offence and the section.

Quickest way: Ladder and intention check

When to use it: Use when you have little time and the facts are short.

Death case: ask whether the intention or knowledge is the higher kind and whether provocation, a sudden fight or private defence applies. If not, murder. If yes, culpable homicide not amounting to murder.
Property case: ask how the property moved. Taken secretly or without consent is theft. Handed over from fear is extortion. Handed over lawfully and misused is breach of trust.
Count the persons and check for violence. Violence makes it robbery. Five or more persons make it dacoity.
Write section number, element, then conclusion in three lines.

Common mistakes in Offences Against the Human Body and Property

Treating culpable homicide and murder as unrelated offences.
Students memorise them separately.
Fix: State that culpable homicide is the genus and murder the species. Say murder is culpable homicide of the higher degree unless an exception applies.
Calling every violent taking a dacoity.
Dacoity sounds like the worst form of robbery.
Fix: Count the persons. Dacoity needs five or more persons acting together. With fewer, it is robbery.
Confusing theft with criminal breach of trust.
Both involve dishonest dealing with another's property.
Fix: Ask whether the property was entrusted to the accused. Entrustment points to breach of trust. Taking out of possession without consent points to theft.
Ignoring the exceptions to murder.
Students stop after finding a death.
Fix: Always test for grave and sudden provocation, sudden fight, and good-faith excess of private defence before concluding murder.
Forgetting that extortion involves delivery by the victim.
Students link extortion only with threats.
Fix: Show both fear of injury and the victim delivering the property because of it.
Skipping the procedural point on compounding or retrial.
Students treat BNS and BNSS as separate topics.
Fix: Mention in one line that theft (section 303(2)) is compoundable by the owner, while criminal breach of trust (section 316(2)) needs the court's permission.

Worked examples

Example 1

Ravi, in a sudden quarrel at a market, without premeditation, strikes Manoj on the head with a heavy stick in the heat of passion. Manoj dies. Discuss Ravi's liability.

Show the solution

Provision: causing death with the intention of causing a bodily injury likely to cause death, or with the knowledge that the act is likely to cause death, is culpable homicide under section 100.
Facts: a heavy stick blow on the head would be known to be likely to cause death, so the section 100 knowledge limb is met.
Murder test: culpable homicide is murder under section 101 unless an exception applies.
Exception: the death occurred in a sudden fight, in the heat of passion, without premeditation. This takes the case out of murder if the other conditions of the exception are satisfied.
Result: the offence stays culpable homicide not amounting to murder.

Answer: Ravi is liable for culpable homicide not amounting to murder, because the sudden-fight exception to section 101 applies. He is punishable under the provision for that offence, and not as a murderer.

Example 2

Four men armed with knives stop a bank clerk at night. They threaten to kill him and take his bag containing ₹1,25,000 from his hand. A fifth man keeps watch nearby and shares in the plan. Name the offence. Where may it be tried?

Show the solution

Provision: robbery (section 309) is theft or extortion with violence or fear of instant death, hurt or restraint. Dacoity (section 310) is robbery by five or more persons conjointly.
Theft or extortion: the money is taken from his hand under a threat of death, so the base offence is present.
Violence or fear: the knives and the threat to kill show fear of instant death, so the offence is robbery.
Number: four men committed the act and the fifth was acting in concert, so five persons together took part. The offence is dacoity.
Place of trial: under BNSS section 201, an offence of dacoity may be tried by the court where it was committed or where the accused is found.

Answer: The offence is dacoity under section 310 of the BNS, since five persons were involved in committing robbery. It may be tried by the court within whose jurisdiction it was committed or where the accused is found (BNSS section 201).

Exam tips

Define the offence with its section number first. Then apply the facts. Then conclude in one line.
For murder versus culpable homicide, always write the exceptions. Examiners expect them.
In theft, robbery and dacoity questions, draw the ladder in your answer using the words theft, extortion, robbery and dacoity.
Add a short BNSS note where relevant: place of trial (section 201), compounding (section 359) and the bar on a second trial (section 337).
Use BNS terms only. Do not cite the IPC as the current law.

Practice questions from Laws relating to Crime and its Procedure

Offences Against the Human Body and Property: frequently asked questions

What is the difference between culpable homicide and murder under BNS?

Culpable homicide (section 100) is causing death with intention or knowledge that death is likely. Murder (section 101) is culpable homicide of the higher degree where no exception applies. Where an exception applies, such as grave and sudden provocation, the offence is culpable homicide not amounting to murder.

What is the difference between theft, robbery and dacoity?

Theft is dishonestly taking movable property without consent. Robbery is theft or extortion with violence or fear of instant harm. Dacoity is robbery or an attempt by five or more persons together.

How is criminal breach of trust different from theft?

In criminal breach of trust, the property is lawfully entrusted to the accused, who then dishonestly misappropriates it. In theft, the property is taken out of someone's possession without consent. Entrustment is the deciding fact.

Can theft or criminal breach of trust be compounded?

Yes. Under BNSS section 359, theft under section 303(2) may be compounded by the owner of the property. Criminal breach of trust under section 316(2) may be compounded by the owner with the court's permission. Composition has the effect of an acquittal.

Can a person acquitted of theft be tried again on the same facts?

Not for the same offence while the acquittal stands. BNSS section 337 also bars trial on the same facts for another offence that could have been charged at that trial. Exceptions exist, such as the consent of the State Government for a distinct offence, or consequences that were not known at the time of conviction.