THE BHARATIYA NYAYA SANHITA, 2023 CHAPTER I PRELIMINARY 1. Short title, commencement and application. 2. Definitions. 3. General Explanations and expressions.     CHAPTER II OF PUNISHMENTS 4. Punishments. 5. Commutation of sentence of death or imprisonment for life. 6. Fractions of terms of punishment. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 8. Amount of fine, liability in default of payment of fine, etc. 9. Limit of punishment of offence made up of several offences. 10. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. 11. Solitary confinement. 12. Limit of solitary confinement. 13. Enhanced punishment for certain offences after previous conviction.     CHAPTER III GENERAL EXCEPTIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 15. Act of Judge when acting judicially. 16. Act done pursuant to the judgment or order of Court. 17. Act done by a person justified, or by mistake of fact believing himself, justified, by law. 18. Accident in doing a lawful act. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 20. Act of a child under seven years of age. 21. Act of a child above seven and under twelve of immature understanding. 22. Act of a person of mental illness. 23. Act of a person incapable of judgment by reason of intoxication caused against his will. 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 26. Act not intended to cause death, done by consent in good faith for person’s benefit. 27. Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian. 28. Consent known to be given under fear or misconception. 29. Exclusion of acts which are offences independently of harm caused. 30. Act done in good faith for benefit of a person without consent. 31. Communication made in good faith. 32. Act to which a person compelled by threats. 33. Act causing slight harm.   Of the Right of Private Defence 34. Things done in private defence. 35. Right of private defence of the body and of property. 36. Right of private defence against the act of a person with mental illness, etc. 37. Acts against which there is no right of private defence. 38. When the right of private defence of the body extends to causing death. 39. When such right extends to causing any harm other than death. 40. Commencement and continuance of the right of private defence of the body. 41. When the right of private defence of property extends to causing death. 42. When such right extends to causing any harm other than death. 43. Commencement and continuance of the right of private defence of property. 44. Right of private defence against deadly assault when there is risk of harm to innocent person.     CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT Of Abetment 45. Abetment of a thing. 46. Abettor. 47. Abetment in India of offences outside India. 48. Abetment outside India for offence in India. 49. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. 50. Punishment of abetment if person abetted does act with different intention from that of abettor. 51. Liability of abettor when one act abetted and different act done. 52. Abettor when liable to cumulative punishment for act abetted and for act done. 53. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. 54. Abettor present when offence is committed. 55. Abetment of offence punishable with death or imprisonment for life. 56. Abetment of offence punishable with imprisonment. 57. Abetting commission of offence by the public or by more than ten persons. 58. Concealing design to commit offence punishable with death or imprisonment for life. 59. Public servant concealing design to commit offence which it is his duty to prevent. 60. Concealing design to commit offence punishable with imprisonment. Of Criminal Conspiracy 61. Criminal conspiracy. Of Attempt 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.     CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences 63. Rape. 64. Punishment for rape. 65. Punishment for rape in certain cases. 66. Punishment for causing death or resulting in persistent vegetative state of victim. 67. Sexual intercourse by husband upon his wife during separation or by a person in authority. 68. Sexual intercourse by a person in authority. 69. Sexual intercourse by employing deceitful means etc. 70. Gang rape. 71. Punishment for repeat offenders. 72. Disclosure of identity of the victim of certain offences, etc. Of criminal force and assault against women 73. Assault or criminal force to woman with intent to outrage her modesty. 74. Sexual harassment and punishment for sexual harassment. 75. Assault or use of criminal force to woman with intent to disrobe. 76. Voyeurism. 77. Stalking. 78. Word, gesture or act intended to insult the modesty of a woman.     Of offences relating to marriage 79. Dowry death. 80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 81. Marrying again during lifetime of husband or wife. 82. Marriage ceremony fraudulently gone through without lawful marriage. 83. Enticing or taking away or detaining with criminal intent a married woman. 84. Husband or relative of husband of a woman subjecting her to cruelty. 85. Kidnapping, abducting or inducing woman to compel her marriage, etc.   Of the causing of miscarriage, etc. 86. Causing miscarriage. 87. Causing miscarriage without woman’s consent. 88. Death caused by act done with intent to cause miscarriage. 89. Act done with intent to prevent child being born alive or to cause it to die after birth. 90. Causing death of quick unborn child by act amounting to culpable homicide. Of offences against children 91. Exposure and abandonment of child under twelve years, by parent or person having care of it. 92. Concealment of birth by secret disposal of dead body. 93. Hiring, employing or engaging a child to commit an offence. 94. Procuration of child. 95. Kidnapping or abducting child under ten years with intent to steal from its person. 96. Selling child for purposes of prostitution, etc. 97. Buying child for purposes of prostitution, etc.     CHAPTER Vi OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 98. Culpable homicide. 99. Murder. 100. Culpable homicide by causing death of person other than person whose death was intended. 101. Punishment for murder. 102. Punishment for murder by life-convict. 103. Punishment for culpable homicide not amounting to murder. 104. Causing death by negligence. 105. Abetment of suicide of child or person with mental illness. 106. Abetment of suicide. 107. Attempt to murder. 108. Attempt to commit culpable homicide. 109. Organised crime. 110. Petty organised crime or organised in general. 111. Offence of terrorist act. Of hurt 112. Hurt. 113. Voluntarily causing hurt. 114. Grievous hurt. 115. Voluntarily causing grievous hurt. 116. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 117. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act. 118. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. 119. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 120. Voluntarily causing hurt or grievous hurt on provocation. 121. Causing hurt by means of poison, etc., with intent to commit an offence. 122. Voluntarily causing grievous hurt by use of acid, etc. 123. Act endangering life or personal safety of others. 124. Wrongful restraint. 125. Wrongful confinement.   Of Criminal Force and Assault 126. Force. 127. Criminal force. 128. Assault. 129. Punishment for assault or criminal force otherwise than on grave provocation. 130. Assault or criminal force to deter public servant from discharge of his duty. 131. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation. 132. Assault or criminal force in attempt to commit theft of property carried by a person. 133. Assault or criminal force in attempt wrongfully to confine a person. 134. Assault or criminal force on grave provocation.   Of Kidnapping, Abduction, Slavery and Forced Labour 135. Kidnapping. 136. Abduction. 137. Kidnapping or maiming a child for purposes of begging. 138. Kidnapping or abducting in order to murder or for ransom etc. 139. Importation of girl or boy from foreign country. 140. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 141. Trafficking of person. 142. Exploitation of a trafficked person. 143. Habitual dealing in slaves. 144. Unlawful compulsory labour.   CHAPTER VII OF OFFENCES AGAINST THE STATE 145. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 146. Conspiracy to commit offences punishable by section 145. 147. Collecting arms, etc., with intention of waging war against the Government of India. 148. Concealing with intent to facilitate design to wage war. 149. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 150. Acts endangering sovereignty unity and integrity of India. 151. Waging war against Government of any foreign State at peace with the Government of India. 152. Committing depredation on territories of foreign State at peace with the Government of India. 153. Receiving property taken by war or depredation mentioned in sections 153 and 154. 154. Public servant voluntarily allowing prisoner of state or war to escape. 155. Public servant negligently suffering such prisoner to escape. 156. Aiding escape of, rescuing or harbouring such prisoner.     CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 157. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 158. Abetment of mutiny, if mutiny is committed in consequence thereof. 159. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 160. Abetment of such assault, if the assault committed. 161. Abetment of desertion of soldier, sailor or airman. 162. Harbouring deserter. 163. Deserter concealed on board merchant vessel through negligence of master. 164. Abetment of act of insubordination by soldier, sailor or airman. 165. Persons subject to certain Acts. 166. Wearing garb or carrying token used by soldier, sailor or airman.     CHAPTER IX OF OFFENCES RELATING TO ELECTIONS 167. Candidate, electoral right defined. 168. Bribery. 169. Undue influence at elections. 170. Personation at elections. 171. Punishment for bribery. 172. Punishment for undue influence or personation at an election. 173. False statement in connection with an election. 174. Illegal payments in connection with an election. 175. Failure to keep election accounts.     CHAPTER X-OF OFFENCES RELATING TO COIN, CURRENCY NOTES, BANK NOTES, AND GOVERNMENT STAMPS 176. Counterfeiting coin, government stamps, currency-notes or bank-notes. 177. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes. 178. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 179. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes. 180. Making or using documents resembling currency-notes or bank-notes. 181. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 182. Using Government stamp known to have been before used. 183. Erasure of mark denoting that stamp has been used. 184. Prohibition of fictitious stamps. 185. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 186. Unlawfully taking coining instrument from mint.     CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 187. Unlawful assembly. 188. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 189. Rioting. 190. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed. 191. Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place. 192. Affray. 193. Assaulting or obstructing public servant when suppressing riot, etc. 194. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 195. Imputations, assertions prejudicial to national integration.     CHAPTER XII-OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 196. Public servant disobeying law, with intent to cause injury to any person. 197. Public servant disobeying direction under law. 198. Punishment for non-treatment of victim. 199. Public servant framing an incorrect document with intent to cause injury. 200. Public servant unlawfully engaging in trade. 201. Public servant unlawfully buying or bidding for property. 202. Personating a public servant. 203. Wearing garb or carrying token used by public servant with fraudulent intent.       CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 204. Absconding to avoid service of summons or other proceeding. 205. Preventing service of summons or other proceeding, or preventing publication thereof. 206. Non-attendance in obedience to an order from public servant. 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023. 208. Omission to produce document to public servant by person legally bound to produce it. 209. Omission to give notice or information to public servant by person legally bound to give it. 210. Furnishing false information. 211. Refusing oath or affirmation when duly required by public servant to make it. 212. Refusing to answer public servant authorised to question. 213. Refusing to sign statement. 214. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. 215. False information, with intent to cause public servant to use his lawful power to the injury of another person. 216. Resistance to the taking of property by the lawful authority of a public servant. 217. Obstructing sale of property offered for sale by authority of public servant. 218. Illegal purchase or bid for property offered for sale by authority of public servant. 219. Obstructing public servant in discharge of public functions. 220. Omission to assist public servant when bound by law to give assistance. 221. Disobedience to order duly promulgated by public servant. 222. Threat of injury to public servant. 223. Threat of injury to induce person to refrain from applying for protection to public servant. 224. Attempt to commit suicide to compel or restraint exercise of lawful power.       CHAPTER XIV - OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE 225. Giving false evidence. 226. Fabricating false evidence. 227. Punishment for false evidence. 228. Giving or fabricating false evidence with intent to procure conviction of capital offence. 229. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 230. Threatening any person to give false evidence. 231. Using evidence known to be false. 232. Issuing or signing false certificate. 233. Using as true a certificate known to be false. 234. False statement made in declaration which is by law receivable as evidence. 235. Using as true such declaration knowing it to be false. 236. Causing disappearance of evidence of offence, or giving false information to screen offender. 237. Intentional omission to give information of offence by person bound to inform. 238. Giving false information respecting an offence committed. 239. Destruction of document to prevent its production as evidence. 240. False personation for purpose of act or proceeding in suit or prosecution. 241. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 242. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 243. Fraudulently suffering decree for sum not due. 244. Dishonestly making false claim in Court. 245. Fraudulently obtaining decree for sum not due. 246. False charge of offence made with intent to injure. 247. Harbouring offender. 248. Taking gift, etc., to screen an offender from punishment. 249. Offering gift or restoration of property in consideration of screening offender. 250. Taking gift to help to recover stolen property, etc. 251. Harbouring offender who has escaped from custody or whose apprehension has been ordered. 252. Penalty for harbouring robbers or dacoits. 253. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 254. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. 255. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 256. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 257. Intentional omission to apprehend on the part of public servant bound to apprehend. 258. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. 259. Escape from confinement or custody negligently suffered by public servant. 260. Resistance or obstruction by a person to his lawful apprehension. 261. Resistance or obstruction to lawful apprehension of another person. 262. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. 263. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. 264. Violation of condition of remission of punishment. 265. Intentional insult or interruption to public servant sitting in judicial proceeding. 266. Personation of an assessor. 267. Failure by person released on bail or bond to appear in court.     CHAPTER XV -OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 268. Public nuisance. 269. Negligent act likely to spread infection of disease dangerous to life. 270. Malignant act likely to spread infection of disease dangerous to life. 271. Disobedience to quarantine rule. 272. Adulteration of food or drink intended for sale. 273. Sale of noxious food or drink. 274. Adulteration of drugs. 275. Sale of adulterated drugs. 276. Sale of drug as a different drug or preparation. 277. Fouling water of public spring or reservoir. 278. Making atmosphere noxious to health. 279. Rash driving or riding on a public way. 280. Rash navigation of vessel. 281. Exhibition of false light, mark or buoy. 282. Conveying person by water for hire in unsafe or overloaded vessel. 283. Danger or obstruction in public way or line of navigation. 284. Negligent conduct with respect to poisonous substance. 285. Negligent conduct with respect to fire or combustible matter. 286. Negligent conduct with respect to explosive substance. 287. Negligent conduct with respect to machinery. 288. Negligent conduct with respect to pulling down, repairing or constructing buildingsetc. 289. Negligent conduct with respect to animal. 290. Punishment for public nuisance in cases not otherwise provided for. 291. Continuance of nuisance after injunction to discontinue. 292. Sale, etc., of obscene books, etc. 293. Sale, etc., of obscene objects to child. 294. Obscene acts and songs. 295. Keeping lottery office.     CHAPTER XVI- OF OFFENCES RELATING TO RELIGION 296. Injuring or defiling place of worship, with intent to insult the religion of any class. 297. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 298. Disturbing religious assembly. 299. Trespassing on burial places, etc. 300. Uttering words, etc., with deliberate intent to wound religious feelings.       CHAPTER XVII-OF OFFENCES AGAINST PROPERTY 301. Theft. 302. Snatching. 303. Theft in a dwelling house, or means of transportation or place of worship, etc. 304. Theft by clerk or servant of property in possession of master. 305. Theft after preparation made for causing death, hurt or restraint in order to the committing of theft. Of extortion 306. Extortion. Of Robbery and Dacoity 307. Robbery. 308. Dacoity. 309. Robbery, or dacoity, with attempt to cause death or grievous hurt. 310. Attempt to commit robbery or dacoity when armed with deadly weapon. 311. Punishment for belonging to gang of robbers, dacoits, etc.     Of Criminal Misappropriation of Property 312. Dishonest misappropriation of property. 313. Dishonest misappropriation of property possessed by deceased person at the time of his death. Of Criminal Breach of Trust 314. Criminal breach of trust. Of the Receiving of Stolen Property 315. Stolen property. Of Cheating 316. Cheating. 317. Cheating by personation. Of Fraudulent Deeds and Dispositions of Property 318. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 319. Dishonestly or fraudulently preventing debt being available for creditors. 320. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 321. Dishonest or fraudulent removal or concealment of property. Of Mischief 322. Mischief. 323. Mischief by killing or maiming animal. 324. Mischief by injury, inundation, fire or explosive substance, etc. 325. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. 326. Punishment for intentionally running vessel aground or ashore with intent tocommit theft, etc. Of Criminal Trespass 327. Criminal trespass and house-trespass. 328. House-trespass and house-breaking. 329. Punishment for house-trespass or house breaking. 330. House-trespass in order to commit offence. 331. House-trespass after preparation for hurt, assault or wrongful restraint. 332. Dishonestly breaking open receptacle containing property.     CHAPTER XVIII-OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 333. Making a false document. 334. Forgery 335. Forgery of record of Court or of public register, etc. 336. Forgery of valuable security, will, etc. 337. Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine. 338. Forged document or electronic record and using it as genuine. 339. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 336. 340. Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material. 341. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 342. Falsification of accounts.   Of Property Marks 343. Property mark. 344. Tampering with property mark with intent to cause injury. 345. Counterfeiting a property mark. 346. Making or possession of any instrument for counterfeiting a property mark. 347. Selling goods marked with a counterfeit property mark. 348. Making a false mark upon any receptacle containing goods.     CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 349. Criminal intimidation. 350. Intentional insult with intent to provoke breach of peace. 351. Statements conducing to public mischief. 352. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 353. Misconduct in public by a drunken person. Of Defamation 354. Defamation. Of breach of contract to attend on and supply wants of helpless person. 355. Breach of contract to attend on and supply wants of helpless person. 356. Repeal and savings.   COMPARISON BETWEEN IPC SECTIONS AND BNS CLAUSES Explore the key sections of the Bharatiya Nyaya Sanhita (BNS) 2023, a modern replacement for the Indian Penal Code, detailing updated provisions on crimes against the state, human body, property, and cyber offenses, reflecting contemporary societal needs and challenges. 25 December 2023 On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha. On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent of the President of India. THE BHARATIYA NYAYA SANHITA- 2023

The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information: THE BHARATIYA SAKSHYA ADHINIYAM, 2023 PART I CHAPTER I PRELIMINARY 1. Short title, application and commencement. 2. Definitions.   PART II CHAPTER II RELEVANCY OF FACTS 3. Evidence may be given of facts in issue and relevant facts. Closely connected facts 4. Relevancy of facts forming part of same transaction. 5. Facts which are the occasion, cause or effect of facts in issue or relevant facts. 6. Motive, preparation and previous or subsequent conduct. 7. Facts necessary to explain or introduce fact in issue or relevant facts. 8. Things said, done by conspirator in reference to common design. 9. When facts not otherwise relevant become relevant. 10. Facts tending to enable Court to determine amount are relevant in suits fordamages. 11. Facts relevant when right or custom is in question. 12. Facts showing existence of state of mind, or of body of bodily feeling. 13. Facts bearing on question whether act was accidental or intentional. 14. Existence of course of business when relevant.         Admissions 15. Admission defined. 16. Admission by party to proceeding or his agent. 17. Admissions by persons whose position must be proved as against party to suit. 18. Admissions by persons expressly referred to by party to suit. 19. Proof of admissions against persons making them, and by or on their behalf. 20. When oral admissions as to contents of documents are relevant. 21. Admissions in civil cases when relevant. 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. 23. Confession to police officer. 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence. 25. Admissions not conclusive proof, but may estop. Statements by persons who cannot be called as witnesses 26. Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant. 27. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Statements made under special circumstances 28. Entries in books of account when relevant. 29. Relevancy of entry in public record or an electronic record made in performance of duty. 30. Relevancy of statements in maps, charts and plans. 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. 32. Relevancy of statements as to any law contained in law books including electronic or digital form. 33. What evidence to be given when statementforms part of a conversation, document, electronic record, book or series of letters or papers. Judgments of Courts when relevant 34. Previous judgments relevant to bar a second suit or trial. 35. Relevancy of certain judgments in probate, etc., jurisdiction. 36. Relevancy and effect ofjudgments, orders or decrees, other than those mentioned in section 35. 37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. 38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of third persons when relevant 39. Opinions of experts. 40. Facts bearing upon opinions of experts. 41. Opinion as to hand-writing and digital signature, when relevant. 42. Opinion as to existence of general custom or right, when relevant. 43. Opinion as to usages, tenets, etc., when relevant. 44. Opinion on relationship, when relevant. 45. Grounds of opinion, when relevant. Character when relevant 46. In civil cases character to prove conduct imputed, irrelevant. 47. In criminal cases previous good character relevant. 48. Evidence of character or previous sexual experience not relevant in certain cases. 49. Previous bad character not relevant, except in reply. 50. Character as affecting damages.     PART III -ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED 51. Fact judicially noticeable need not be proved. 52. Facts of which Court shall take judicial notice. 53. Facts admitted need not be proved.     CHAPTER IV OF ORAL EVIDENCE 54. Proof of facts by oral evidence. 55. Oral evidence to be direct.   CHAPTER V OF DOCUMENTARY EVIDENCE 56. Proof of contents of documents. 57. Primary evidence. 58. Secondary evidence. 59. Proof of documents by primary evidence. 60. Cases in which secondary evidence relating to documents may be given. 61. Admissibility of electronic or digital record. 62. Special provisions as to evidence relating to electronic record. 63. Admissibility of electronic records. 64. Rules as to notice to produce. 65. Proof of signature and handwriting of person alleged to have signed or written document produced. 66. Proof as to electronic signature. 67. Proof of execution of document required by law to be attested. 68. Proof where no attesting witness found. 69. Admission of execution by party to attested document. 70. Proof when attesting witness denies the execution. 71. Proof of document not required by law to be attested. 72. Comparison of signature, writing or seal with others admitted or proved. 73. Proof as to verification of digital signature. Public documents 74. Public and private documents. 75. Certified copies of public documents. 76. Proof of documents by production of certified copies. 77. Proof of other official documents. Presumptions as to documents 78. Presumption as to genuineness of certified copies 79. Presumption as to documents produced as record of evidence, etc. 80. Presumption as to Gazettes, newspapers, and other documents. 81. Presumption as to Gazettes in electronic or digital record. 82. Presumption as to maps or plans made by authority of Government. 83. Presumption as to collections of laws and reports of decisions. 84. Presumption as to powers-of-attorney. 85. Presumption as to electronic agreements. 86. Presumption as to electronic records and electronic signatures. 87. Presumption as to Electronic Signature Certificates. 88. Presumption as to certified copies of foreign judicial records. 89. Presumption as to books, maps and charts. 90. Presumption as to electronic messages. 91. Presumption as to due execution, etc., of documents not produced. 92. Presumption as to documents thirty years old. 93. Presumption as to electronic records five years old.   CHAPTER VI - OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE 94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. 95. Exclusion of evidence of oral agreement. 96. Exclusion of evidence to explain or amend ambiguous document. 97. Exclusion of evidence against application of document to existing facts. 98. Evidence as to document unmeaning reference to existing facts. 99. Evidence as to application of language which can apply to one only of several persons. 100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. 101. Evidence as to meaning of illegible characters, etc. 102. Who may give evidence of agreement varying terms ofdocument. 103. Saving of provisions of Indian Succession Act relating to Wills. PART IV PRODUCTION AND EFFECT OF EVIDENCE   CHAPTER VII OF THE BURDEN OF PROOF 104. Burden of proof. 105. On whom burden of proof lies. 106. Burden of proof as to particular fact. 107. Burden of proving fact to be proved to make evidence admissible. 108. Burden of proving that case of accused comes within exceptions. 109. Burden of proving fact especially within knowledge. 110. Burden of proving death of person known to have been alive within thirty years. 111. Burden of proving that person is alive who has not been heard of for seven years. 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. 113. Burden of proof as to ownership. 114. Proof of good faith in transactions where one party is in relation of active confidence. 115. Presumption as to certain offences. 116. Birth during marriage,conclusive proof of legitimacy. 117. Presumption as to abetment of suicide by a married woman. 118. Presumption as to dowry death. 119. Court may presume existence of certain facts. 120. Presumption as to absence of consent in certain prosecution for rape.     CHAPTER VIII ESTOPPEL 121. Estoppel. 122. Estoppel of tenants and of licensee of person in possession. 123. Estoppel of acceptor of bill of exchange, bailee or licensee. CHAPTER IX OF WITNESSES 124. Who may testify. 125. Witness unable to communicate verbally. 126. Competency of husband and wife as witnesses in certain cases. 127. Judges and Magistrates. 128. Communications during marriage. 129. Evidence as to affairs of State. 130. Official communications. 131. Information as to commission of offences. 132. Professional communications. 133. Privilege not waived by volunteering evidence. 134. Confidential communication with legal advisers. 135. Production of title-deeds ofwitness not a party. 136. Production of documents or electronic records which another person, having possession, would refuse to produce. 137. Witness not excused from answering on ground that answer will criminate. 138. Accomplice. 139. Number of witnesses.     CHAPTER X OF EXAMINATION OF WITNESSES 140. Order of production and examination of witnesses. 141. Judge to decide as to admissibility ofevidence. 142. Examination of witnesses. 143. Order of examinations. 144. Cross-examination of person called to produce a document. 145. Witnesses to character. 146. Leading questions. 147. Evidence as to matters in writing. 148. Cross-examination as to previous statements in writing. 149. Questions lawful in cross-examination. 150. When witness to be compelled to answer. 151. Court to decide when question shall be asked and when witness compelled to answer. 152. Question not to be asked without reasonable grounds. 153. Procedure of Court in case of question being asked without reasonable grounds. 154. Indecent and scandalous questions. 155. Questions intended to insult or annoy. 156. Exclusion of evidence to contradict answers to questions testing veracity. 157. Question by party to his own witness. 158. Impeaching credit of witness. 159. Questions tending to corroborate evidence of relevant fact, admissible. 160. Former statements of witness may be proved to corroborate later testimony as to same fact. 161. What matters may be proved in connection with provedstatement relevant under section 32 or 33. 162. Refreshing memory. 163. Testimony to facts stated in document mentioned in section159. 164. Right of adverse party as to writing used to refresh memory. 165. Production of documents. 166. Giving, as evidence, of document called for and produced on notice. 167. Using, as evidence, of document production of which was refused on notice. 168. Judge's power to put questions or order production.     CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE 169. No new trial for improper admission or rejection of evidence. 170. Repeal and savings. THE SCHEDULE COMPARISON SUMMARY OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) BSA Section IEA Section Subject Summary of comparision 1 1 Short title, application and commencement. Indian Evidence Act, 1872 (IEA) provided that it extended to the whole of India, whereas Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of territorial extent. 2 IEA 3 Interpret ation clause Definitions Interpretation clauses, which include words and expressions and are interpreted in paragraphs in the IEA, are now defined under Section 2(1): Definitions, where each word and expression is given individual alphabetical clauses. BSA excludes the interpretation of "India" previously given in Section 3 of the IEA. 2(1)(a) 3, para 1 "Court". No change. 2(1 )(b) 4, para 3 "conclusive proof'. "Act" is replaced with "Adhiniyam". Wherever the word "Act" is used in IEA the word "Adhiniyam" is used in BSA, therefore, this fact will not be specifically mentioned in this table hereinafter. Word "means" is added. 2(1) (c) 3, para 8 "disproved". Words "A fact is said to be disproved" are replaced by "in relation to a fact, means". 2(1)(d) 3, para 5 "document" The words "or otherwise recorded" and "or any other means", "and includes electronic and digital records" are added. 2(1)(e ) 3, para 6 "evidence". "Words" "including statements given electronically" in (e ) (i) and "or digital" in (e ) (ii) are added. 2(1 )(f) 3, para 2 "fact". Word "man" is replaced by "person" in illustrations and illustration (e)-"That a man has a certain reputation, is a fact" is now excluded in BSA. 2(1 Kg) 3, para 4 "facts in issue". No change. 2(1 Kh) 4, para 1 "may presume". No change. 2(1 KO 3, para 9 "not proved". No change. 2(1 Ki) 3, para 7 "proved". No change. 2(1 )(k) 3, para 3 "relevant". No change. 2(1)0) 4, para 2 "shall presume" No change. 2(2) New Words and expressions. Newly added. "Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023, shall have the same meanings as assigned to them in the said Act and Sanhitas." 3 5 Evidence maybe given of facts in issue and relevant facts. No change 4 6 Relevancy of facts forming part of same transaction. No change 5 7 Facts which are occasion, cause or effect of facts in issue or relevant facts. Words "or relevant facts" added in heading. 6 8 Motive, preparation and previous or subsequent conduct. In explanation. And in illustrations "vakils" is replaced by "advocates" "man" is replaced by "person" and "ravished" is replaced by " raped". 7 9 Facts necessary to explain or introduce fact in issue or relevant facts. Words "fact in issue or" are added in the heading. "A" is replaced by "he". 8 10 Things said or done by conspirator in reference to common design. No change except in illustrations, "Government of India" is replaced by "State", and city names are changed from Calcutta to Kolkata, Bombay to Mumbai, and Kabul to Singapore. 9 11 When facts not otherwise relevant become relevant. No Change except in illustrations cities names are changed from Calcutta to Chennai and Lahore to Laddakh. 10 12 Facts tending to enable Court to determine amount are relevant in suits for damages. No change except in the heading, where the words "In suits for damages" are placed at the end instead of the beginning. 11 13 Facts relevant when right or custom is in question. No change. 12 14 Facts showing existence of state of mind, or of body or bodily feeling. In illustrations, word "coin" is replaced by "currency" and "carriage" is replaced by "cars". 13 15 Facts bearing on question whether act was accidental or intentional. In illustrations, word "rupee" is replaced by "currency". 14 16 Existence of course of business when relevant. No change. 15 17 Admission defined. No change. 16 18 Admission by party to proceeding or his agent. Headings of paragraphs are excluded and written as subsections and clauses. 17 19 Admissions by persons whose position must be proved as against party to suit. No change. 18 20 Admissions by persons expressly referred to by party to suit. No change. 19 21 Proof of admissions against persons making them, and by or on their behalf. Word "coin" is replaced by "currency". 20 22 When oral admissions as to contents of documents are relevant. No change 21 23 Admissions in civil cases when relevant. Words "barrister, pleader, attorney or vakil" are replaced by "advocate". 22(1) 24 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. The word "coercion" is added. Section 28 IEA and Section 29 IEA are given as provisos to Section 22 of the BSA. Heading is dropped as sections are included as provisos. First proviso to section 22 28 Confession made after removal of impression caused by inducement, threat or promise, relevant. Heading is dropped as section is included as proviso Second proviso to section 22 29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Heading is dropped as section is included as proviso. 23(1) 25 Confession to police officer. Words "not to be proved" are excluded from heading. 23(2) 26 Confession by accused while in custody of police not to be proved against him. Heading is dropped as the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him". Proviso to section 23 27 How much of information received from accused may be proved. Heading is dropped as the section is included as proviso. 24 30 Consideration of proved confession affecting person making it and others jointly under trial for same offence. A new explanation II is added, mentioning that "A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be deemed to be a joint trial for the purpose of this section." 25 31 Admissions not conclusive proof, but may estop. No change. 26 32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. Word "namely" is added and headings of subsections are dropped. In illustration word "ravished" is replaced by "raped" and word "banya" is replaced by "business". 27 33 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. No change except that word "that" is replaced by "and" in proviso. 28 34 Entries in books of account when relevant. No change except the words "include those maintained in an electronic form" are excluded from the heading. 29 35 Relevancy of entry in public record or an electronic record made in performance of duty. No change 30 36 Relevancy of statements in maps, charts and plans. No change 31 37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications. Words "any Act of Parliament 4 (of the United Kingdom) or or in any 5 Central Act, Provincial Act or 6 a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony, or possession of his Majesty is a relevant fact." are replaced by "any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact". 32 38 Relevancy of statements as to any law contained in law books including electronic or digital form. Words "including in electronic or digital form" are added in heading as well as in the main text of the section. 33 39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. No change. 34 40 Previous judgments relevant to bar a second suit or trial. No change. 35 41 Relevancy of certain judgments in probate, etc., jurisdiction. The word "Tribunal" is added. Paragraph "Such judgment, order or decree is conclusive proof that" is given as subsection (2) and conditions under this are enumerated as (i), (ii), (iii), and (iv). The word "that" is excluded. 36 42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section35[41 IEA]. No change. 37 43 Judgments, etc., other than those mentioned in sections 34, 35 and 36 [40to 42 IEA] when relevant. No change. 38 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. No change. 39(1) 45 Opinions of experts. Words "or any other field" are added. Thus, scope is expanded greatly. 39(2) 45A Opinion of Examiner of Electronic Evidence. Heading is dropped as section is added as a subsection. 40 46 Facts bearing upon opinions of experts. No change 41(1) 47 Opinion as to handwriting and signature, when relevant. Words "and signature" are added in heading. 41(2) 47A Opinion as to electronic signature, when relevant. Heading is dropped as section is added as a subsection. 42 48 Opinion as to existence of general custom or right, when relevant. No change 43 49 Opinion as to usages, tenets, etc., when relevant. Paragraphs are numbered as clauses (i), (ii) and (iii). 44 50 Opinion on relationship, when relevant No change 45 51 Grounds of opinion, when relevant. No change 46 52 In civil cases character to prove conduct imputed, irrelevant. No change 47 53 In criminal cases previous good character relevant. No change 48 53A Evidence of character or previous sexual experience not relevant in certain cases. No change 49 54 Previous bad character not relevant, except in reply. No change 50 55 Character as affecting damages. No change 51 56 Fact judicially noticeable need not be proved. No change 52 57 Facts of which Court shall take judicial notice. Paragraphs are numbered as subsections (1) and (2), and facts enumeration as (1) to (13) is replaced by alphabetic clauses (a) to (1), excluding (2), (3), and (5). These exclusions remove colonial vestiges from the text. A new clause (b) is newly added, mentioning "international treaty, agreement or convention with country or countries by India, or decisions made by India at the international associations or other bodies;". 53 58 Facts admitted need not be proved. No change. 54 59 Proof of facts by oral evidence. Words "or electronic records" are excluded. 55 60 Oral evidence to be direct. In heading word "must" is replaced by "to" and paragraph are numbered as clauses (i), (ii), (iii)and (iv). Word "also" is replaced by "further". 56 61 Proof of contents of documents. No change 57 62 Primary evidence. 4 new explanations are added. 58 63 Secondary evidence. Words "means and" are excluded and three new clauses (vi), (vii), and (viii) are added. 59 64 Proof of documents by primary evidence. No change. 60 65 Cases in which secondary evidence relating to documents may be given. The word "namely" is added and paragraph of clause (a) are numbered as (i), (ii), and (iii). 61 NEW Electronic or digital record "Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document." 62 65A Special provisions as to evidence relating to electronic record. No change 63 65B Admissibility of electronic records. Words "or semiconductor memory" "or any communication device or otherwise stored, recorded, or copied in any electronic form" is added in subsection (1). Words "communication device", "create" are added in subsection (2). In subsection (3), the word "computer" is replaced by "by means of one or more computers or communication devices," and new clauses (a) to (e) are added newly. In subsection (4), the words "that is to say" are replaced by "shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:". The words "or a communication device referred to in clauses (a) to (e) of sub-section (3)" are added to clause (b) of subsection (4), and in clause (c), the words "person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities" are replaced by "person in charge of the computer or communication device or the management of the relevant activities". The words "and an expert" and "in the certificate specified in the schedule" are added. Clause (b) of subsection (5) of IEA is excluded and now (c) corresponds to (b), where words "communication device" and "or by other electronic means as referred to in clauses (a) to (e) of sub- section (3)". are added. 64 66 Rules as to notice to produce. "attorney or pleader" is replaced by "advocate or representative". 65 67 Proof of signature and handwriting of person alleged to have signed or written document produced. No change. 66 67A Proof as to electronic signature. No change. 67 68 Proof of execution of document required by law to be attested. No change. 68 69 Proof where no attesting witness found. Words "or if the document purports to have been executed in the United Kingdom" are excluded. 69 70 Admission of execution by party to attested document. No change. 70 71 Proof when attesting witness denies execution. No change. 71 72 Proof of document not required by law to be attested. No change. 72 73 Comparison of signature, writing or seal with others admitted or proved. Paragraph are numbered as Subsections (1), (2) and (3). 73 73A Proof as to verification of digital signature. No change 74(1) 74 Public and private documents. The words " and private" are added in the heading. The words "any part of' and "or of the commonwealth" are excluded. 74(2) 75 Public and private documents The words "or Union territory" and "except the documents referred to in sub-section (1)" are added. 75 76 Certified copies of public documents. No change. 76 77 Proof of documents by production of certified copies. No change. 77 78 Proof of other official documents. The conditions' enumeration as (1) to (6) is changed to (a) to (f). The expressions "or of the Crown Representative", "or, as the case may be, of the Crown Representative;", "Her Majesty] or by the Privy Council, or by any department of Her Majesty's Government" and "London Gazette, or purporting to be printed by the Queen's Printer;" are excluded. The words "Ministries and" "or Union territory Administration", "Parliament or a State" and "President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;" are added. 78 79 Presumption as to genuineness of certified copies. The words "or by any officer [in the State of Jammu and Kashmir] who is duly authorised thereto by the Central Government:" are excluded and paragraph are numbered as subsections. 79 80 Presumption as to documents produced as record of evidence, etc. The word "that" is excluded and paragraph are numbered as clauses (i), (ii) and (iii). THE BHARATIYA SAKSHYA ADHINIYAM, 2023

THE INDIAN AIRCRAFT ACT, 1934 www.lawtool.net  Act No.22 OF 1934 [AS ON 1955] An Act to make better provision for the control of the manufacture, possession, use, operation, sale,  import and export of aircraft. [19th August, 1934.] Contents ​1.Short title and extent 2.Definitiones 3.Power of Central Government to exempt certain aircraft 4.Power of Central Government to make rules to implement the Convention of 1919 5.Power of Central Government to make rules 6.Power of Central Government to make orders in emergency 7.Power of Central Government to make rules for investigation of accidents 8.Power to detain aircraft 8A. Power of Central Government to make rules for protecting the public health :- 8B. Emergency powers for protecting the public health :- 9.Wreck and salvage 10.Penalty for act in contravention of rule made under this Act 11.Penalty for flying so as to cause danger 12.Penalty for abetment of offences and attempted offences 13.Power of Court to order forfeiture 14.Rules to be made after publication 15.Use of patented invention on aircraft not required in India 16.Power to apply customs procedure 17.Bar of certain suits 18.Saving for acts done in good faith under the Act 19.Saving of application of Act 20. [Repeals.] Rep.by the Repealing Act, 1938                   WHEREAS it is expedient to make better provision for the control the manufacture, possession, use, operation, sale, import and export aircraft  It is hereby enacted as follows:--- 1.Short title and extent:- (1)   This Act may be called the Indian Aircraft Act, 1934. {Subs.by the A.O.1950, for the former sub-section (2).} [(2) It extends to the whole of India {The words "except the State of Hyderabad" rep.by Act 3 of 1951, s.3 and Sch} and applies also--- (a)  to citizens of India wherever they may be; and   (b)  to, and to the persons on, aircraft registered in India whever they may be.] 2.Definitiones:- In this Act, unless there is anything repugnant in the subject or context,---  (1)  "aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines ; (2)  "aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (3)  "import" means bringing into {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] ; and (4)  "export" means taking out of {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]. 3.Power of Central Government to exempt certain aircraft:-- The Central Government may, by notification in the Official Gazette, exempt from {Subs.by s.3 of Act 37 of 1939, for the words "the provisions of this Act and of the rules made thereunder, or from any of such provisions".} 4.Power of Central Government to make rules to implement the Convention of 1919:- The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to the regulation of Aerial Navigation signed at Paris, October 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment which may be made thereto under the provisions of Article 34 thereof. 5.Power of Central Government to make rules:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.1, pp.633 to 719.} regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft. (2)  Without prejudice to the generality of the foregoing power, such rules may provide for--- (a)  The authorities by which any of the powers conferred by or under this Act are to be exercised; {Ins.by Act 5 of 1944, s.2.} [(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service; (ab)  the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules ;]  (b)  the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the fees which may be charged thereat, and the prohibition or regulation of the use of unlicensed aerodromes; (c)  the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept; (d)  the registration and marking of aircraft ;  (e)  the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft;  (f)  the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder, and the facilities to be provided for such inspection ; (g)  the licensing of persons employed in the operation, meanufacture, repair or maintenance of aircraft ; (h)  the air-routes by which and the conditions under which aircraft may enter or leave {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India], or may fly over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India], and the places at which aircraft shall land;  (I)  the prohibition of flight by aircaft over any specified area, either absolutely or at specified times or subject to specified conditions  and exceptions ;  (J)  the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in the nighbourhood of aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes; {Ins.by Act 37 of 1939, s.4.} [(jj)  the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purpose;]  (k)  the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signalling;  (l)  the prohibition and regulation of the carriage in aircraft of any specified article or substance; (m)  the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life; (n)  the issue and maintenance of log-books;  (o)  the manner and conditions of the issue or renewal of any licence or certificate under the Act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any log-book; (p)  the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this Act;  (q)  the recognition for the purposes of this Act of licences anad certificates issued elsewhere than in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; an  ®  any matter subsidiary or incidental to the matters referred to in this sub-section.   {Ins.by Act 5 of 1944, s.3.} [ (3)  Every rule made under this section shall be laid as soon as may be after it is made before {The words "each of the Chambers of" rep.by the A.O.1948.} {Subs.by the A.O.1950, for "the Central Legislature".} [Parliament], while it is in session, for a total period of one months which may be comprised in one session or in two or more sessions, and it before the expiry of that period, {Subs.by the A.O.1948}[{Subs.by the A.O.1950, for "that Legislature".} [Parliament] makes and modifications in the rule or directs] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be.] 6.Power of Central Government to make orders in emergency:- (1) If the Central Government is of opinion that in the interests of the public safety or tranquallity the issue of all or any of the following orders is expedient, it may, by notification in the Official Gazette,---   (a)  cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any licences or certificates issued under this Act;  (b)  prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of {Subs.by Act 24 of 1948, s.3, for "the Provinces".}[India] ;  (c)  prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and  (d)  direct that any aircraft or class of aircraft or any aero drome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Government for the public service.  (2)  Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such  compensation as may be determined by such authority as the Central Government may appoint in this behalf.  (3)  The Central Government may authorise such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary.  (4)  Whoever knowin  gly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be forfeited to Government. 7.Power of Central Government to make rules for investigation of accidents:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See Pt.X of the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.I, pp.66 to 665.} providing for the investigation of any accident arising out of or in the course of {Subs.by Act 37 of 1939, s.5, for "air navigation in or over British India".}[the navigation--- (a)  in or over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] of any aircraft, or (b)  anywhere of aircraft registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]].  (2)  Without prejudice to the generality of the foregoing power, such rules may---- (a)  require notice to be given of any accident in such manner and by such person as may be prescribed;  (b)  apply for the puroses of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents;  (c)  prohibit pending investigation access to or interference with aircraft to which an accident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and  (d)  authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so deal with, and provide for the production of any such licence for such purpose. 8.Power to detain aircraft :-   (1)  Any authority authorised in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority---  (a)  having regard to be nature of a intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property; or  (b)  such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (I) of sub-section (2) of section 5.  (2)  The Central Government may, by notification in the Official Gazette, make rules {See for instance, rule 18 of the Indian Aircraft Rules, 1937 (Gazette of India, 1937, Pt.1.p.640}.regulating all matters incidental or subsidiary to the exercise of this power {Ins.by Act 7 of 1936, s.2.}[ 8A.      Power of Central Government to make rules for protecting the public health :- The Central Government may, by notification in the Official Gazette, make rules {For the Indian Aircraft (Public Health) Rules, 1946, see Gazette of India, Extraordinary, 1946, p.775} for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, ules providing for any of the matters for which rules under sub-clauses (I) to (viii) of clause (p)  of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.] {Ins.by Act 22 of 1938.}[ 8B.  Emergency powers for protecting the public health :-  (1)  If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outnbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger.  (2)  In any such case the Central Government may, without projudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carrried therein and aerodromes as it deems necessary in the circumstances.  (3)  Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force in more than three months from the date of notification:  Provided that the Central Government may be special order continue them in force for a further period or periods of not more than three months in all.] 9.Wreck and salvage:- (1)  The provisions of Part VII of the Indian Merchant Shipping Act, 1923, relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2)  The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient.        10.Penalty for act in contravention of rule made under this Act:- In making any rule under section 5, section 7, {Subs.by Act 7 of 1936, s.3, for "or section 8".}[section 8 {Subs.by Act 22 of 1938, s.3, for "or section 8 A".} [section 8A or section 8B]] the Central Government may direct that a breach of it shall be punishable with imprisonment for any term not exceeding three months, or with fine of any amount not exceeding one thousand rupees or with both.             11.Penalty for flying so as to cause danger :- Whoever wilfully flies any aircraft in such a manner as to cause danger to any persn or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bot      12.Penalty for abetment of offences and attempted offences :- Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence. 13.Power of Court to order forfeiture :- Where any person is convicted of an offence punishable under any rule made udner clause (I) or clause (1) of sub-section (2) of section 5, the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to Government. 14.Rules to be made after publication :- Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication for a period of not leass than three months. 15.Use of patented invention on aircraft not required in India:-  The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention on any aircraft not registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] in like manner as they apply to the use of an invention in a foreign vessel. 16.Power to apply customs procedure:- The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act, 1878, shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 17.Bar of certain suits:-  No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable or by reason only of the ordinary incidents of such flight. 18.Saving for acts done in good faith under the Act:- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act. 19.Saving of application of Act:- (1) Nothing in this Act or in any order or rule made there-under shall apply to or in respect of any aircraft belonging to or exclusively employed in {Subs.by the A.O.1950, for "His Majesty's naval, military or air forces".}[the naval, military or air forces of the Union], or to any person in such forces employed in connection with such aircraft. (2)  Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or power exercisable by any authority under that Act.   20.  [Repeals.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

Indure Ltd.v.Deo Raj Guptha BCI TR Case No.58/1993 The complainant company is one of the highest producer of ash handling system in the world, having large manufacturing and engineering factories. The respondent was the Advocate of the company and various cases related to the company was entrusted with him. In April 1986 NELCO precisions, a company located atFaridabad gave a false advertisement in the papers that Indure Ltd. is using the parts manufactured by NELCO precisions. To stop this false advertisement Indure Ltd. instructed the respondent to serve a legal notice to NELCO. Notice was sent, but the notice has not given the desired result. Therefore, the respondent was instructed to file a case against NELCO. A plaint was prepared and it was approved by the petitioner company and necessary court fees was also paid to him. The respondent informed the complainant that he has filed the suit in the Delhi High Court and got a stay order. Infact no suit had been filed. The complainant filed a complaint in the Bar Council of U.P.alleging professional misconduct against the respondent. They alleged that the respondent had made a similar type of misrepresentation earlier also when he was instructed to file a case against Anoel Industries Ltd.A criminal complaint was also filed against Gupta in this regard. The respondent filed a very brief counter and failed to give any explanation about the serious allegation of professional misconduct. He simply prayed that for the same matter there is already a criminal case pending against him, so the Bar Council should not proceed with the complaint. When the petition was pending before the Bar Council, the criminal case was disposed off and he was convicted. Since the U.P Bar Council could not able to complete the enquiry within one year the petition was transferred to the Bar Council of India. The Bar Council of India examined the complainant and the respondent and finally came to the conclusion that the allegations against the respondent the complainant has been proved beyond reasonable doubt and directed the removal of his name from the roll of Advocates and prohibited him from practicing as an Advocate.

CONTENTS DRAFTING OF PLEADING AND CONVEYANCING - General Principles of Drafting and Relevant Rules CIVIL - Plaint - Written Statements - Interlocutory Applications - Original Petition - Affidavit - Execution Petition - Memorandum of Appeal and Revision - Petition under Art. 226 and Art. 32 of the Constitution of India CRIMINAL - Complaint - Criminal Miscellaneous Petition - Bail Application - Memorandum of Appeal and Revision CONVEYANCING - Essentials of a Deed - Sale Deed - Mortgage Deed - Lease Deed - Gift Deed - Promissory Note - Power of Attorney - Will - Agreements < Back Drafting, Pleadings and Conveyancing GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter. Drafting, Pleadings and Conveyancing Drafting : To draft = To draw up = To outline in the form of rough notes. Pleading: (Definition, according to the Civil Procedure Code) Plaint or written statement, All statements are written statements. To Plead :To address the court as an advocate on behalf of the plaintiff or the defendant, i.e. client. Pleading: Formal written statements, replies to the accusations made Pleadings by the parties in a legal action. Conveyancing:To convey To give to somebody full legal rights in land or building = Real Property Land and Buildings. Conveyance : A document conveying the property. The meaning of the word DRAFTING is to draft or to draw up or to outline in the form of rough notes, while PLEADING, according to the Civil Procedure Code, means a Plaint, or a written statement. Therefore, all pleadings are written statements. To plead on behalf of the plaintiff or the defendant, The meaning of the word CONVEYANCING is O convey or to give to somebody full legal rights in land or building, which is called real property, and real property includes land and buildings. A conveyance means a document conveying the property. The importance of the study of law need not be explained. It is said that Law is the King of the Kings. It is, therefore, most powerful and rigid, too. In the whole world, there can be nothing stronger than law. With legal power, even the weak may be superior to the strong. At this background, we have to consider the fact that if Law is the King of the Kings, drafting or pleadings and conveyancing is undoubtedly the Queen of that King. GENERAL PRINCIPLES OF DRAFTING AND RELEVANT RULES The art of drafting the pleadings has not yet fully developed in spite of the increase in the civil litigation. As a matter of fact, the art of pleading should be the foundation course and great emphasis should be laid on this paper. Because of this absence of rigorous training, the young lawyers often indulge in prolixity rather than clarity and conciseness. Many dead-sure-win cases drag on for years in the courts only because of faulty drafting. Irrelevant matters, unnecessary details are often included and the facts placed before the lawyer by his client are not marshaled. The result is that the martial facts are often mixed up with inessential matter. According to Lord Halsbury - "Where system of pleading may exist, the sole object of it is that each side may be fully alive to the questions that are about to be argued in order that they have an opportunity of bringing forward such evidence as may be appropriate to the issue" Pleading is an art, of course, and art which requires not only technical and linguistic skill but also an expert knowledge of the law on the given point brought before a lawyer. Even experienced lawyers and attorneys are not infallible and sometimes they also make mistakes. However, in the matter of pleadings longer experience and a great linguistic acumen are both essential ingredients. What ultimately matters is how clearly and systematically have the facts been presented before the court of law. DRAFTING Gallery www.lawtool.net Previous Next

SHANKARI PRASAD VS. UNION OF INDIA, 1952 SHANKARI PRASAD VS. UNION OF INDIA, 1952 Issue In this case, the First Constitution Amendment Act, 1951 was tested on the ground that it abuses the Part-III of the constitution and subsequently, should be viewed as invalid. Through this revision act, certain laws were brought which were diminishing right to property. For this situation, the contention which was advanced was that according to article 13, no law can encroach or annul basic rights so in what capacity the constitutional correction can disregard it? JUDGMENT It was held by the Apex court that the force presented by Constitution under Article 368 to Parliament to alter the laws is exceptionally wide and it likewise incorporates the ability to remove the major rights ensured under Part III of Indian Constitution. Further, the Supreme Court collectively held that “The expressions of article 368 are completely broad and engage Parliament to change the Constitution with no exemption whatever. With regards to article 13, “law” must be interpreted as meaning principles or guidelines made in exercise of common authoritative force and no alterations to the Constitution made in exercise of constituent force, with the outcome that article 13 (2) doesn’t influence revisions made under article 368.”