Law of Crimes III: Offences against the State and Terrorism, Offences against Property, Drug Trafficking and Counterfeiting, Offences against Public Tranquillity, and Punishment and Victim Compensation

This chapter completes Unit IV with five items: offences against the State and terrorism, offences against property, drug trafficking and counterfeiting, offences against public tranquillity, and the theories and kinds of punishment with compensation to victims. It is where the Bharatiya Nyaya Sanhita, 2023 (BNS) departs most from the Indian Penal Code 1860: sedition is gone, terrorism and organised crime are new, snatching is a separate offence, and community service is a punishment. Procedure, including victim compensation, now sits in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Drug trafficking is governed not by the general code but by the Narcotic Drugs and Psychotropic Substances Act 1985.

1. Offences against the State and terrorism

Waging or attempting to wage war against the Government of India (BNS s.147, formerly IPC s.121) remains the gravest offence against the State. The most discussed change is sedition. IPC s.124A punished bringing or attempting to bring the Government into hatred or contempt; in Kedar Nath Singh (1962) the Supreme Court upheld it only by confining it to acts with a tendency to incite violence or public disorder, and in S.G. Vombatkere v Union of India (May 2022) it directed that the provision be kept in abeyance. The BNS omits sedition. In its place BNS s.152 punishes whoever, purposely or knowingly, by words, signs, visible representation, electronic communication, financial means or otherwise, excites or attempts to excite secession, armed rebellion or subversive activities, encourages separatist feelings, or endangers the sovereignty or unity and integrity of India. Its object is the nation, not the Government.

Terrorism and organised crime
ProvisionContent
Terrorist act, BNS s.113An act with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror in the people, by specified means; the definition follows section 15 of the Unlawful Activities (Prevention) Act 1967 and includes damage to monetary stability through high-quality counterfeit currency. An officer not below the rank of Superintendent of Police decides whether a case is registered under this section or under the UAPA
Organised crime, BNS s.111Continuing unlawful activity by an individual or group, singly or jointly, as a member of or on behalf of an organised crime syndicate, including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber crimes and trafficking in persons, drugs or weapons; petty organised crime is a separate offence in s.112
Unlawful Activities (Prevention) Act 1967The special anti-terror law since the repeal of the Prevention of Terrorism Act 2002 in 2004 (TADA had lapsed in 1995); the 2019 amendment allows individuals to be designated as terrorists
⚠️ Section 152 is not sedition renamed
Sedition protected the Government established by law against disaffection. BNS s.152 protects the sovereignty, unity and integrity of India against secession, armed rebellion and subversive activity. Criticism of the Government, as such, is not within its words. Whether its broad terms will be read narrowly, as Kedar Nath read s.124A, is for the courts; an option saying "the BNS retains sedition under a new number" is wrong.

2. Offences against property

The property offences, old and new
OffenceBNS (former IPC)Essential ingredients
Thefts.303 (ss.378 and 379)Dishonest intention to take movable property out of the possession of another without consent, and moving it for that taking
Snatchings.304 (new)Theft in which the offender suddenly, quickly or forcibly seizes or grabs movable property from a person
Extortions.308 (s.383)Intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property or a valuable security
Robberys.309 (s.390)Theft or extortion aggravated by causing or attempting death, hurt or wrongful restraint, or fear of instant such harm
Dacoitys.310 (s.391)Robbery committed or attempted by five or more persons conjointly
Criminal breach of trusts.316 (ss.405 and 406)Entrustment of property or dominion over it, and dishonest misappropriation, conversion, use or disposal in violation of the trust
Cheatings.318 (ss.415 and 420)Deceiving a person and thereby fraudulently or dishonestly inducing delivery of property, or inducing an act or omission causing damage; dishonest intention must exist at the time of the inducement
🧠 Theft, extortion, robbery, dacoity: a ladder
Theft takes without consent; extortion obtains delivery by fear, so there is "consent" but it is vitiated. Add violence or fear of instant harm and either becomes robbery. Add numbers, five or more, and robbery becomes dacoity. Criminal breach of trust differs from all of them because the property was lawfully entrusted at the start; cheating differs because the victim is deceived into parting with it.

3. Drug trafficking and counterfeiting; offences against public tranquillity

Drug trafficking is governed by the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act), which gives effect to the UN drug conventions of 1961, 1971 and 1988. Punishment is graded by quantity (small, intermediate and commercial, notified by the Central Government). Bail for offences involving commercial quantity is subject to the twin conditions of section 37: reasonable grounds for believing the accused not guilty and not likely to offend on bail. Searches of a person require the safeguard of section 50, the right to be searched before a gazetted officer or magistrate (State of Punjab v Baldev Singh, 1999). In Tofan Singh v State of Tamil Nadu (2020) the Supreme Court held that officers under the NDPS Act are police officers, so a confession made to them is barred by the Evidence Act and a statement under section 67 cannot found a conviction. Counterfeiting of coins, currency notes, bank notes and government stamps (formerly IPC Chapter XII and ss.489A to 489E) is punished in a dedicated chapter of the BNS, and high-quality counterfeit currency also falls within the definition of a terrorist act; counterfeit trade marks are dealt with under the Trade Marks Act 1999.

Offences against public tranquillity
Offence against public tranquillityProvisionKey point
Unlawful assemblyBNS s.189 (IPC s.141)Five or more persons with a common object such as overawing government by criminal force, resisting the law, or committing mischief or trespass
RiotingFormerly IPC ss.146 and 147Force or violence used by an unlawful assembly or any member in prosecution of the common object
AffrayFormerly IPC s.159Two or more persons fighting in a public place and disturbing the public peace
Promoting enmity between groupsBNS s.196 (IPC s.153A)Promoting enmity on grounds of religion, race, place of birth, residence, language, caste or community, including by electronic communication
ℹ️ Lynching and hate speech in the case law
In Tehseen S. Poonawalla v Union of India (2018) the Supreme Court issued preventive, remedial and punitive directions against mob lynching and urged Parliament to legislate; BNS s.103(2) now makes group murder on grounds such as caste or community a specified form of murder. On hate speech the Court has held that existing penal provisions suffice if enforced, and has directed police to register cases on their own motion.

4. Theories and kinds of punishment

Theories of punishment
TheoryAimAssociated with
DeterrentPunish to discourage the offender (specific) and others (general) from offendingBentham; the utilitarian calculus of pain and pleasure
RetributivePunishment as deserved in proportion to the wrongKant, Hegel
PreventiveDisable the offender from repeating the crime, by imprisonment or deathIncapacitation
ReformativeRehabilitate the offender; probation, parole and open prisonsThe Probation of Offenders Act 1958; Mohd. Giasuddin v State of Andhra Pradesh (1977)
ExpiatoryThe offender atones through penanceAncient Indian and religious conceptions

BNS s.4 lists the punishments: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, fine, and community service. Community service, defined in the BNSS as unpaid work ordered by the court that benefits the community, is available for a few minor offences, among them a first conviction for petty theft where the property is worth less than five thousand rupees and is returned, defamation, and misconduct in public by a drunken person. The death penalty survives, but only in the "rarest of rare" cases: Bachan Singh v State of Punjab (1980) upheld its constitutionality on that condition, weighing aggravating and mitigating circumstances; Machhi Singh v State of Punjab (1983) set out categories of cases; Mithu v State of Punjab (1983) struck down the mandatory death sentence of IPC s.303; and Manoj v State of Madhya Pradesh (2022) required courts to gather mitigation material on the accused's background and reform. Imprisonment for life means imprisonment for the remainder of natural life unless remitted or commuted (Gopal Vinayak Godse, 1961), and Union of India v V. Sriharan (2015) allowed constitutional courts to impose fixed terms beyond fourteen years without remission.

🎯 Why "rarest of rare" is a sentencing rule, not a list
Bachan Singh refused to catalogue the cases that deserve death because each turns on the offender as well as the offence. Life imprisonment is the rule and death the exception, imposed only when the alternative is "unquestionably foreclosed". That is why later cases insist on individualised mitigation, and why a court that looks only at the brutality of the crime errs.

5. Compensation to the victims of crime

Criminal law long treated the victim as a witness. Three routes now compensate victims. First, the trial court may order the offender to pay compensation out of a fine or independently (CrPC s.357, now BNSS s.395); in Hari Singh v Sukhbir Singh (1988) and Ankush Shivaji Gaikwad v State of Maharashtra (2013) the Supreme Court held that courts must apply their minds to compensation in every case. Second, State-funded victim compensation schemes, introduced by CrPC s.357A in 2009 and now in BNSS s.396, let the legal services authorities pay compensation even where the offender is not traced or identified; in Nipun Saxena v Union of India (2018) the Court adopted a model scheme for women victims of sexual offences and acid attacks. Third, public-law compensation under Articles 32 and 226 for violation of fundamental rights by the State: Rudul Sah (1983) awarded compensation for fourteen years' illegal detention after acquittal, Nilabati Behera v State of Orissa (1993) held that sovereign immunity is no defence to a custodial death, and D.K. Basu v State of West Bengal (1997) laid down guidelines on arrest and custody.

  • The victim's rights under the BNSS include information on the progress of investigation, the right to be heard before withdrawal of prosecution, and free first aid or medical treatment at hospitals for victims of specified offences.
  • The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) is the international source of victims' rights to access to justice, restitution, compensation and assistance.
⚠️ Compensation under a scheme needs no conviction
Compensation ordered against the offender depends on a conviction. The State victim compensation scheme does not: it applies where the offender is not traced or identified, or where the trial ends in acquittal or discharge but the victim needs rehabilitation. Confusing the two routes is a common error.

Key takeaways

  • Sedition (IPC s.124A) is omitted; BNS s.152 punishes acts endangering the sovereignty, unity and integrity of India; waging war is BNS s.147 (IPC s.121).
  • Terrorist act (BNS s.113) mirrors UAPA s.15; organised crime (s.111) and petty organised crime (s.112) are new.
  • Property offences: theft s.303, snatching s.304 (new), extortion s.308, robbery s.309, dacoity s.310, criminal breach of trust s.316, cheating s.318.
  • Drug trafficking falls under the NDPS Act 1985 (s.37 bail rigour; Tofan Singh, 2020); counterfeiting currency sits in its own BNS chapter and in the terrorism definition.
  • BNS s.4 adds community service; death only in the rarest of rare cases (Bachan Singh, 1980); victim compensation is BNSS s.395 (CrPC s.357) and the State scheme BNSS s.396 (CrPC s.357A).

Practice questions (10)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. Which provision of the BNS punishes acts endangering the sovereignty, unity and integrity of India?

    1. Section 147
    2. Section 152
    3. Section 113
    4. Section 196
    Show answer

    Answer: B — Section 152

    BNS s.152 is the new provision on endangering sovereignty, unity and integrity. Section 113 defines a terrorist act, s.147 punishes waging war (formerly IPC s.121), and s.196 punishes promoting enmity between groups (formerly IPC s.153A).

  2. Assertion (A): The Bharatiya Nyaya Sanhita, 2023 does not contain the offence of sedition. Reason (R): BNS s.152 punishes bringing the Government established by law into hatred or contempt. Choose the correct option.

    1. Both A and R are true, and R is the correct explanation of A
    2. Both A and R are true, but R is not the correct explanation of A
    3. A is true, but R is false
    4. A is false, but R is true
    Show answer

    Answer: C — A is true, but R is false

    A is true: IPC s.124A was not carried forward. R is false: s.152 does not use the language of disaffection towards the Government; it targets secession, armed rebellion, subversive activities and acts endangering sovereignty, unity and integrity.

  3. Robbery committed by five or more persons conjointly is:

    1. Dacoity
    2. Organised crime
    3. Extortion
    4. Rioting
    Show answer

    Answer: A — Dacoity

    Dacoity (BNS s.310, formerly IPC s.391) is robbery by five or more. Extortion is obtaining delivery by fear, rioting is the use of force by an unlawful assembly, and organised crime requires continuing unlawful activity by a syndicate.

  4. Which of the following is a new offence created by the BNS in the chapter on offences against property?

    1. Criminal breach of trust
    2. Extortion
    3. Cheating
    4. Snatching
    Show answer

    Answer: D — Snatching

    Snatching (BNS s.304) is new: sudden, quick or forcible seizing of movable property from a person. Criminal breach of trust, cheating and extortion all existed under the Penal Code and carry over as ss.316, 318 and 308.

  5. Which of the following are punishments listed in BNS s.4? Select all that apply.

    1. Death
    2. Community service
    3. Forfeiture of property
    4. Transportation for life
    Show answer

    Answer: A — Death; B — Community service; C — Forfeiture of property

    Section 4 lists death, imprisonment for life, imprisonment, forfeiture of property, fine and community service. Transportation for life was abolished from the Penal Code in 1955 and replaced by imprisonment for life.

  6. In Tofan Singh v State of Tamil Nadu (2020), the Supreme Court held that:

    1. The right under section 50 can be waived orally by the accused
    2. Possession of small quantities is not an offence
    3. Bail can never be granted in NDPS cases
    4. Officers under the NDPS Act are police officers, so confessions to them are inadmissible
    Show answer

    Answer: D — Officers under the NDPS Act are police officers, so confessions to them are inadmissible

    The majority held NDPS officers to be police officers within the Evidence Act's bar on confessions, so a statement recorded under section 67 cannot be used to convict. Bail is restricted, not barred; section 50 is a mandatory safeguard; and small quantities are an offence with a lighter penalty.

  7. Assertion (A): A court may award the death sentence only in the "rarest of rare" cases. Reason (R): In Mithu v State of Punjab (1983), the Supreme Court struck down the mandatory death sentence under IPC s.303. Choose the correct option.

    1. Both A and R are true, and R is the correct explanation of A
    2. Both A and R are true, but R is not the correct explanation of A
    3. A is true, but R is false
    4. A is false, but R is true
    Show answer

    Answer: B — Both A and R are true, but R is not the correct explanation of A

    Both are true, but R does not explain A. The rarest-of-rare rule comes from Bachan Singh (1980), which upheld the death penalty with that limit; Mithu is a separate holding that a mandatory death sentence, excluding judicial discretion, is unconstitutional.

  8. Which of the following statements about compensation to victims of crime are correct? Select all that apply.

    1. Nilabati Behera (1993) held sovereign immunity to be no defence to public-law compensation for custodial death
    2. The State victim compensation scheme, formerly CrPC s.357A, is now in BNSS s.396
    3. Compensation can be ordered only after a conviction in every case
    4. Compensation under the scheme may be paid even when the offender is not traced
    Show answer

    Answer: A — Nilabati Behera (1993) held sovereign immunity to be no defence to public-law compensation for custodial death; B — The State victim compensation scheme, formerly CrPC s.357A, is now in BNSS s.396; D — Compensation under the scheme may be paid even when the offender is not traced

    The first three are correct. The last is wrong: only compensation ordered against the offender needs a conviction; scheme compensation and public-law compensation under Articles 32 and 226 do not.

  9. The theory of punishment that seeks to rehabilitate the offender, and underlies probation and open prisons, is:

    1. Expiatory
    2. Retributive
    3. Reformative
    4. Deterrent
    Show answer

    Answer: C — Reformative

    The reformative theory treats crime as a condition to be corrected; the Probation of Offenders Act 1958 reflects it. Retribution looks back to desert, deterrence forward to discouraging crime, and expiation to atonement by the offender.

  10. Under the NDPS Act, bail for offences involving commercial quantity is governed by the twin conditions of which section? Type the section number.

    Numerical answer — type the value.

    Show answer

    Answer: 37

    Section 37 requires the court to be satisfied that there are reasonable grounds for believing the accused is not guilty and is not likely to commit any offence while on bail, in addition to the ordinary limits on bail.