Chapter 16 BNS – Offences Against the Human Body Explained – Complete Guide 2026

Structure of Chapter 16 BNS

Chapter 16 is divided into several sub-categories: offences affecting life (Sections 100-109), offences of hurt (Sections 110-121), offences of wrongful restraint and confinement (Sections 122-127), offences of criminal force and assault (Sections 128-134), offences of kidnapping and abduction (Sections 135-142), and sexual offences and rape (Sections 63-99, elsewhere in BNS).

The chapter provides a comprehensive framework for prosecuting all physical offences against individuals.

Murder and Culpable Homicide

Section 100 BNS defines culpable homicide, and Section 101 defines murder. Culpable homicide is causing death by doing an act with the intention of causing death or bodily injury likely to cause death, or with knowledge that the act is likely to cause death. Murder is culpable homicide where the act is done with the intention of causing death, or with the intention of causing such bodily injury as the offender knows is likely to cause death, or with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death.

Punishment for murder: death or life imprisonment and fine (Section 103). Punishment for culpable homicide not amounting to murder: life imprisonment or up to 10 years (Section 104).

Hurt and Grievous Hurt

Section 110 BNS defines hurt as causing bodily pain, disease, or infirmity. Section 111 defines grievous hurt which includes: emasculation, permanent loss of sight/hearing/limb, permanent disfiguration of the head/face, fracture or dislocation of bone, and any hurt endangering life or causing severe bodily pain for 20+ days.

Punishment for hurt: up to 1 year imprisonment (Section 112). Grievous hurt: up to 7 years (Section 114). Hurt by dangerous weapons or means: up to 3 years (Section 115).

Wrongful Restraint and Wrongful Confinement

Section 122 BNS defines wrongful restraint as voluntarily obstructing a person from proceeding in any direction. Section 124 defines wrongful confinement as wrongfully restraining a person to prevent them from proceeding beyond certain circumscribing limits.

Punishment for wrongful restraint: up to 1 month imprisonment or fine of Rs. 500 (Section 123). Wrongful confinement: up to 1 year (Section 125). Wrongful confinement for 3+ days: up to 2 years (Section 126).

Kidnapping and Abduction

Section 135 BNS defines kidnapping as taking or enticing a minor (below 16 years for males, below 18 for females) or a person of unsound mind without consent. Section 136 defines abduction as compelling a person by force or deceit to go from any place.

Punishment for kidnapping: up to 7 years (Section 138). Kidnapping for ransom: up to life imprisonment (Section 140). Kidnapping for marriage: up to 10 years (Section 141).

Assault and Criminal Force

Section 128 BNS defines assault as any gesture or preparation intending or knowing it to be likely to cause a person to apprehend that criminal force is about to be used. Section 129 defines criminal force as intentionally using force against a person without consent.

Punishment for assault or criminal force: up to 3 months or fine of Rs. 500 (Section 130). Assault on a woman with intent to outrage modesty: up to 3 years (Section 74).

Rape and Sexual Offences

Sections 63-71 BNS deal with sexual offences. Section 63 defines rape as sexual intercourse with a woman against her will, without consent, with consent obtained by fear or fraud, or when she is below 18 years. The definition is gender-specific but the law recognizes expanding interpretations.

Punishment for rape: rigorous imprisonment of not less than 10 years extending to life imprisonment (Section 64). Gang rape: 20 years to life (Section 66).

How Kolkata Courts Handle Criminal Cases

Kolkata's criminal justice system operates through a well-defined hierarchy of courts, each with specific jurisdiction. The Calcutta High Court stands at the apex, followed by the Sessions Courts at Alipore, Bankshall, Sealdah, and various district courts in the suburbs. Magistrate Courts handle less serious offences, while Sessions Courts deal with grave crimes like murder, rape, and dacoity.

The process begins with the filing of an FIR at the local police station, followed by investigation and submission of a chargesheet. The Magistrate then takes cognizance and either commits the case to Sessions Court or tries it summarily depending on the offence's gravity. Throughout this process, the accused has the right to legal representation, bail, and a fair trial under Article 21 of the Constitution.

Kolkata's courts have developed specialized procedures over decades of legal practice. For instance, the Bankshall Court complex houses the City Sessions Court, which handles the majority of criminal cases arising within the Kolkata Police jurisdiction. The Chief Judicial Magistrate Courts in Alipore and other districts manage the preliminary stages of criminal proceedings.

• ◆ Non-bailable warrants are typically issued for serious offences under the Bharatiya Nyaya Sanhita (BNS)
• ◆ The accused must be produced before a Magistrate within 24 hours of arrest as per BNSS provisions
• ◆ Kolkata courts maintain separate calendars for Sessions, Magistrate, and Executive cases
• ◆ Legal aid is available through the West Bengal State Legal Services Authority headquartered in Kolkata
• ◆ Victim compensation schemes are actively implemented through the District Legal Services Authority

Evidence and Witness Examination in Criminal Trials

The Bharatiya Sakshya Adhiniyam (BSA), 2023 governs the rules of evidence in criminal trials across Kolkata courts. Evidence is broadly classified as documentary, oral, and electronic. The prosecution bears the burden of proving the accused's guilt beyond reasonable doubt, a cornerstone of criminal jurisprudence that protects innocent individuals from wrongful conviction.

Witness examination follows a structured procedure: examination-in-chief by the party calling the witness, cross-examination by the opposing party, and re-examination to clarify matters arising from cross-examination. Kolkata's trial courts are known for their meticulous approach to witness testimony, often recording evidence in detail to ensure nothing is lost in appeal.

Electronic evidence, including emails, WhatsApp messages, CCTV footage, and call data records, has become increasingly significant in Kolkata's criminal trials. The courts apply the principles of admissibility under Section 65B of the BSA to such evidence. Our legal team at Advocate in Kolkata has extensive experience in presenting and challenging electronic evidence in criminal proceedings.

• ◆ Documentary evidence must be certified and properly marked before it can be tendered
• ◆ Hostile witnesses can be cross-examined by the party that called them with court permission
• ◆ The right against self-incrimination under Article 20(3) protects the accused from being compelled to testify
• ◆ Medical evidence, including injury reports and autopsy findings, is crucial in cases involving physical harm
• ◆ Forensic evidence, including DNA analysis and fingerprint matching, carries significant evidentiary weight

Sentencing and Appeals in Criminal Matters

After conviction, the sentencing phase begins. The court considers factors such as the nature and gravity of the offence, the criminal history of the accused, the impact on the victim, and any mitigating circumstances. Kolkata's Sessions Courts have wide discretion in sentencing, ranging from fines and probation to life imprisonment and, in rare cases, the death penalty.

The Bharatiya Nyaya Sanhita prescribes graded punishments for different offences. For example, murder under Section 103 BNS carries life imprisonment or death, while theft under Section 303 BNS is punishable with up to three years of imprisonment. The courts also have the power to order compensation to victims under the BNSS provisions.

Appeals from Magistrate Courts lie to the Sessions Court, while appeals from Sessions Courts go to the Calcutta High Court. The High Court's criminal appellate jurisdiction is vast, allowing it to review both factual and legal findings. A further appeal to the Supreme Court lies on substantial questions of law. The revision jurisdiction allows the High Court to examine the legality and propriety of any proceedings before subordinate courts.

• ◆ The Calcutta High Court has a dedicated Criminal Appellate Bench that hears appeals in rotation
• ◆ Mercy petitions can be filed to the Governor of West Bengal and the President of India in death penalty cases
• ◆ The limitation period for criminal appeals varies depending on the court and type of order
• ◆ Probation of Offenders Act applies to first-time offenders for certain categories of offences
• ◆ Kolkata's courts actively use plea bargaining provisions to reduce the burden on the criminal justice system

Frequently Asked Questions