Bare ActsThe Bharatiya Nyaya Sanhita, 2023 (Draft stage of translated version)

Section ꯱꯱꯰

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ꯀꯔꯤꯒꯨꯝꯕꯃꯤꯑꯣꯏꯑꯃꯅꯑꯁꯤꯒꯨꯝꯕꯋꯥꯈꯜꯂꯣꯟꯅꯠꯇ꯭ꯔꯒꯈꯪꯅꯑꯁꯤꯒꯨꯝꯕꯊꯕꯛꯇꯧꯕꯇꯥꯔꯕꯗꯤ, ꯀꯔꯤꯒꯨꯝꯕꯃꯍꯥꯛꯅ ꯊꯕꯛꯑꯗꯨꯅꯁꯤꯕꯊꯣꯛꯍꯜꯂꯕꯗꯤ, ꯃꯍꯥꯛꯑꯁꯤꯃꯤꯍꯥꯠꯇꯧꯕꯒꯃꯥꯟꯅꯗꯕꯃꯔꯥꯜꯂꯩꯕꯃꯤꯍꯥꯠꯇꯧꯕꯒꯤꯃꯔꯥꯜꯂꯩꯕꯑꯣꯏꯒꯅꯤ, ꯃꯍꯥꯛꯄꯨ ꯆꯍꯤꯑꯍꯨꯝꯐꯥꯎꯕꯍꯦꯟꯒꯠꯍꯟꯕꯌꯥꯕꯃꯇꯝꯑꯃꯒꯤꯗꯃꯛ, ꯅꯠꯇ꯭ꯔꯒꯐꯥꯏꯟ, ꯅꯠꯇ꯭ꯔꯒꯑꯅꯤꯃꯛꯅ, ꯑꯃꯁꯨꯡ, ꯀꯔꯤꯒꯨꯝꯕꯃꯤꯑꯣꯏ ꯑꯃꯍꯦꯛꯇꯕꯨꯑꯁꯤꯒꯨꯝꯕꯊꯕꯛꯑꯁꯤꯅꯁꯣꯛꯍꯜꯂꯕꯗꯤ, ꯆꯍꯤꯇꯔꯦꯠꯐꯥꯎꯕꯍꯦꯟꯒꯠꯍꯟꯕꯌꯥꯕꯃꯇꯝꯑꯃꯒꯤꯑꯣꯏꯅ, ꯅꯠꯇ꯭ꯔꯒ ꯐꯥꯏꯟ, ꯅꯠꯇ꯭ꯔꯒꯑꯅꯤꯃꯛꯅ, ꯗꯤꯁꯀ ꯭ ꯔꯤꯞꯁꯟꯑꯅꯤꯃꯛꯇꯒꯤꯐꯥꯗꯣꯛꯇꯧꯔꯒꯋꯥꯌꯦꯜꯄꯤꯒꯅꯤ꯫ ꯏꯂꯨꯁꯇ꯭ꯔꯦꯁꯟ꯫ A, ꯌꯥꯝꯅꯁꯥꯊꯤꯕꯑꯃꯁꯨꯡꯈꯪꯍꯧꯗꯅꯏꯊꯤꯜꯄꯤꯔꯛꯄꯗ, Zꯇꯄꯤꯁꯇꯣꯜꯑꯃꯀꯥꯞꯂꯤ, ꯑꯁꯤꯒꯨꯝꯕꯐꯤꯚꯝꯁꯤꯡꯗꯀꯔꯤꯒꯨꯝꯕ ꯃꯍꯥꯛꯅꯁꯤꯍꯟꯕꯑꯣꯏꯔꯕꯗꯤ, ꯃꯍꯥꯛꯃꯤꯍꯥꯠꯇꯧꯕꯒꯃꯥꯟꯅꯗꯕꯃꯔꯥꯜꯂꯩꯕꯃꯤꯍꯥꯠꯇꯧꯕꯒꯤꯃꯔꯥꯜꯂꯩꯒꯅꯤ꯫Aꯅꯁꯦꯛꯁꯟꯑꯁꯤꯗ ꯁꯟꯗꯣꯛꯅꯇꯥꯛꯂꯤꯕꯃꯔꯥꯜꯑꯗꯨꯇꯧꯈ꯭ꯔꯦ꯫ ꯱꯱꯱(꯱) ꯃꯈꯥꯇꯥꯅꯆꯠꯊꯔꯤꯕꯑꯥꯏꯟꯅꯌꯥꯗꯕꯊꯕꯛ-ꯊꯧꯔꯝꯑꯃꯍꯦꯛꯇ, ꯃꯁꯤꯗꯃꯤꯐꯥ-ꯃꯤꯄꯨꯟꯇꯧꯕ, ꯂꯨꯠꯇꯧꯕ, ꯒꯥꯔꯤꯍꯨꯕ, ꯁꯦꯜ ꯂꯧꯁꯤꯟꯕ, ꯂꯝꯂꯧꯁꯤꯟꯕ, ꯌꯥꯅꯆꯦꯒꯤꯃꯇꯨꯡꯏꯟꯅꯍꯥꯠꯄ, ꯁꯦꯜ-ꯊꯨꯝꯒꯤꯑꯣꯏꯕꯃꯔꯥꯜ, ꯁꯥꯏꯕꯔ-ꯀ ꯭ ꯔꯥꯏꯝꯁꯤꯡ, ꯃꯤꯑꯣꯏꯁꯤꯡꯒꯤ ꯂꯂꯣꯟ-ꯏꯇꯤꯛ, ꯗ꯭ꯔꯒꯁꯤꯡ, ꯈꯨꯠꯂꯥꯏꯁꯤꯡꯅꯠꯇ꯭ꯔꯒꯑꯥꯏꯟꯅꯌꯥꯗꯕꯄꯣꯠꯁꯤꯡꯅꯠꯇ꯭ꯔꯒꯊꯕꯛꯁꯤꯡ, ꯃꯤꯑꯣꯠꯅꯠꯇ꯭ꯔꯒ ꯁꯦꯟꯊꯨꯝꯒꯤꯗꯃꯛꯇꯃꯤꯑꯣꯏꯕꯒꯤꯂꯂꯣꯟ-ꯏꯇꯤꯛꯇꯧꯕ, ꯃꯤꯑꯣꯏꯑꯃꯍꯦꯛꯇꯅꯅꯠꯇ꯭ꯔꯒꯄꯨꯟꯅꯊꯕꯛꯇꯧꯔꯤꯕꯃꯤꯑꯣꯏꯁꯤꯡꯒꯤ ꯀꯥꯡꯂꯨꯞꯑꯃꯅ, ꯁꯤꯟꯗꯣꯛ-ꯁꯤꯟꯖꯤꯟꯇꯧꯔꯕꯀ ꯭ ꯔꯥꯏꯝꯁꯤꯟꯗꯤꯀꯦꯠꯑꯃꯒꯤꯃꯤꯍꯨꯠꯑꯃꯑꯣꯏꯅꯅꯠꯇ꯭ꯔꯒꯑꯁꯤꯒꯨꯝꯕ ꯁꯤꯟꯗꯤꯀꯦꯠꯑꯗꯨꯒꯤꯃꯥꯏꯀꯩꯗꯒꯤ, ꯃꯤꯑꯣꯠ-ꯃꯤꯅꯩ, ꯃꯤꯑꯣꯠꯇꯧꯕ, ꯀꯤꯍꯟꯕ, ꯅꯝꯊꯕ, ꯅꯠꯇ꯭ꯔꯒꯁꯦꯜ-ꯊꯨꯝꯒꯤꯀꯥꯟꯅꯕꯌꯥꯎꯅ ꯍꯛꯊꯦꯡꯅꯅꯅꯠꯇ꯭ꯔꯒꯍꯛꯊꯦꯡꯅꯗꯅꯄꯣꯠꯀꯤꯀꯥꯟꯅꯕꯐꯪꯅꯕꯑꯥꯏꯟꯅꯌꯥꯗꯕꯄꯥꯝꯕꯩꯑꯃꯍꯦꯛꯇꯅ, ꯁꯤꯟꯗꯣꯛ-ꯁꯤꯟꯖꯤꯟꯇꯧꯔꯕ ꯀ ꯭ ꯔꯥꯏꯝꯑꯣꯏꯒꯅꯤ꯫ ꯁꯟꯗꯣꯛꯅꯇꯥꯛꯄ꯫-ꯁꯕ-ꯁꯦꯛꯁꯟꯑꯁꯤꯒꯤꯄꯥꯟꯗꯝꯒꯤꯗꯃꯛ-- (i) "ꯁꯤꯟꯗꯣꯛ-ꯁꯤꯟꯖꯤꯟꯇꯧꯔꯕꯀ ꯭ ꯔꯥꯏꯝꯁꯤꯟꯗꯤꯀꯦꯠ" ꯍꯥꯏꯕꯁꯤ, ꯇꯣꯈꯥꯏꯅꯅꯠꯇ꯭ꯔꯒꯄꯨꯟꯅꯊꯕꯛꯇꯧꯗꯨꯅ, ꯁꯤꯟꯗꯤꯀꯦꯠ ꯅꯠꯇ꯭ꯔꯒꯒꯦꯡꯑꯃꯑꯣꯏꯅꯃꯈꯥꯇꯥꯅꯑꯥꯏꯟꯅꯌꯥꯗꯕꯊꯕꯛꯑꯃꯍꯦꯛꯇꯗꯁꯔꯨꯛꯌꯥꯔꯤꯕꯃꯤꯑꯣꯏꯑꯅꯤꯅꯠꯇ꯭ꯔꯒꯃꯁꯤꯗꯒꯤ ꯍꯦꯟꯅꯂꯩꯕꯀꯥꯡꯂꯨꯞꯑꯃꯍꯥꯏꯕꯅꯤ꯫ (ii) "ꯑꯥꯏꯟꯅꯌꯥꯗꯕꯊꯕꯛꯆꯠꯊꯕ" ꯍꯥꯏꯕꯁꯤꯑꯥꯏꯟꯒꯤꯃꯇꯨꯡꯏꯟꯅꯊꯤꯡꯕꯊꯕꯛꯑꯃꯅꯤ, ꯃꯁꯤꯆꯍꯤꯑꯍꯨꯝꯅꯠꯇ꯭ꯔꯒ ꯃꯁꯤꯗꯒꯤꯍꯦꯟꯅꯐꯥꯖꯤꯟꯗꯨꯅꯊꯝꯕꯌꯥꯔꯕꯃꯔꯥꯜꯑꯃꯅꯤ, ꯃꯁꯤꯃꯤꯑꯣꯏꯑꯃꯍꯦꯛꯇꯅ, ꯑꯃꯠꯇꯑꯣꯏꯅꯅꯠꯇ꯭ꯔꯒꯄꯨꯟꯅ, ꯁꯤꯟꯗꯣꯛ-ꯁꯤꯟꯖꯤꯟꯇꯧꯔꯕꯀ ꯭ ꯔꯥꯏꯝꯁꯤꯟꯗꯤꯀꯦꯠꯑꯃꯒꯤꯃꯤꯍꯨꯠꯑꯣꯏꯅꯅꯠꯇ꯭ꯔꯒꯑꯁꯤꯒꯨꯝꯕꯁꯤꯟꯗꯤꯀꯦꯠꯑꯁꯤꯒꯤ ꯃꯥꯏꯀꯩꯗꯒꯤꯍꯧꯈꯤꯕꯆꯍꯤꯇꯔꯥꯒꯤꯃꯅꯨꯡꯗꯃꯇꯤꯛꯆꯥꯕꯋꯥꯌꯦꯜꯁꯪꯑꯃꯗꯆꯥꯔꯖ-ꯁꯤꯠꯑꯃꯗꯒꯤꯍꯦꯟꯅꯊꯥꯖꯤꯟꯈ꯭ꯔꯕꯑꯃꯁꯨꯡ ꯋꯥꯌꯦꯜꯁꯪꯑꯁꯤꯅꯑꯁꯤꯒꯨꯝꯕꯃꯔꯥꯜꯑꯁꯤꯈꯪꯗꯣꯛꯈ꯭ꯔꯦ, ꯑꯃꯁꯨꯡꯃꯁꯤꯗꯁꯦꯜ-ꯊꯨꯝꯒꯤꯑꯣꯏꯕꯃꯔꯥꯜꯁꯨꯌꯥꯎꯋꯤ꯫ ꯃꯔꯥꯜꯂꯩꯕꯅꯃꯤꯍꯥꯠ ꯇꯧꯅꯕꯍꯣꯠꯅꯕ꯫ ꯁꯤꯟꯗꯣꯛ-ꯁꯤꯟꯖꯤꯟ ꯇꯧꯔꯕꯀ ꯭ ꯔꯥꯏꯝ꯫ on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence; (iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency-notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall,— (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.

Section ꯱꯱꯰ – The Bharatiya Nyaya Sanhita, 2023 (Draft stage of translated version) | DailyLaw.ai