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The Bharatiya Nyaya Sanhita 2023 (BNS 2023) replaces the Indian Penal Code (IPC) as part of India’s criminal law reform.
Section 2 of the Sanhita defines essential legal terms used throughout the Act. These definitions clarify how specific words should be legally interpreted.
This article explains the initial part of Section 2 covering the meanings of “act,” “animal,” “child,” and “counterfeit.”
Meaning of “Act” under Section 2, BNS 2023
The term “act” includes a single act as well as a series of acts.
This ensures that if a crime involves multiple connected actions, they are treated as one continuous act for legal purposes.
For example, repeated fraudulent transactions forming one scheme can be seen as a single act.
Legal Significance:
This definition simplifies prosecution by allowing connected offences to be considered together when they form one continuous action.
Definition of “Animal” in BNS 2023
The word “animal” refers to any living creature other than a human being.
This broad definition ensures protection for all non-human living beings under relevant provisions.
Legal Impact:
The definition is important for offences involving cruelty to animals or illegal trade in wildlife.
It also distinguishes human-related offences from those concerning other species.
Definition of “Child” in BNS 2023
According to Section 2, a “child” means any person below eighteen years of age.
This aligns with the Juvenile Justice Act, 2015, ensuring consistency across Indian criminal laws.
Legal Importance:
This definition helps determine criminal responsibility, protection rights, and sentencing for minors.
Persons below 18 years receive special legal consideration in criminal proceedings.
Meaning of “Counterfeit” under BNS 2023
A person is said to “counterfeit” when they make one thing resemble another with the intent to deceive.
Even if the imitation is not exact, it can still be considered counterfeiting.
Explanation 1:
Exact resemblance is not required. Any imitation capable of deceiving is sufficient to attract liability.
Explanation 2:
When an object is made to resemble another in a deceptive manner, the law presumes an intent to deceive.
This presumption continues unless the accused proves otherwise.
Legal Significance:
This provision strengthens action against fake currency, forged documents, and fraudulent goods.
It shifts the burden of proof to the accused once deceptive resemblance is shown.
Meaning of “Court” under BNS 2023
The term “court” means a judge acting judicially or a body of judges empowered to act judicially as a group.
It applies when such authority exercises judicial power in accordance with the law.
Legal Importance:
This definition clarifies who can deliver judgments or exercise judicial authority under the Bharatiya Nyaya Sanhita.
Definition of “Death” in BNS 2023
“Death” refers exclusively to the death of a human being, unless a different context clearly applies.
Significance:
This definition excludes the death of animals or legal entities, restricting criminal liability to human life offences.
Meaning of “Dishonestly”
A person acts dishonestly when intending to cause wrongful gain to one or wrongful loss to another.
Legal Relevance:
It defines the mental element for offences involving theft, fraud, or deception, ensuring clear determination of intent.
Definition of “Document” under BNS 2023
A document includes any matter expressed through letters, figures, or marks on any material, used as evidence.
Explanation 1:
The medium or substance does not matter; even writings not used in court can be documents.
Illustrations:
- A written contract or cheque is a document.
- A power of attorney, map, or written instruction is a document if intended as evidence.
Explanation 2:
Expressions understood by mercantile or customary usage are also treated as documents.
Illustration:
An endorsement on a bill of exchange like “A signs on back” implies “pay to holder” under commercial practice.
Legal Importance:
This broad definition covers all digital, physical, or symbolic writings admissible in legal proceedings.
Meaning of “Fraudulently”
A person acts fraudulently when they do an act with intent to defraud, and not otherwise.
Legal Significance:
The presence of deceptive intent differentiates fraudulent acts from honest mistakes in legal interpretation.
Definition of “Gender” in BNS 2023
The pronoun “he” includes male, female, and transgender persons.
“Transgender” carries the same meaning as in Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019.
Legal Impact:
This inclusive definition ensures gender neutrality and equal protection under India’s criminal law.
Meaning of “Good Faith”
An act is done in good faith only when performed with due care and attention.
Legal Importance:
Negligence or ignorance negates good faith. It protects those who act honestly and responsibly under the law.
Definition of “Government”
“Government” means either the Central Government or any State Government of India.
Legal Relevance:
This clarifies which authority holds jurisdiction or responsibility in enforcing criminal provisions.
Meaning of “Harbour”
To harbour means to supply shelter, food, money, weapons, or transport to help a person evade arrest.
It includes any assistance, whether similar or different to the listed acts.
Legal Importance:
This provision helps penalize those aiding fugitives or absconding offenders, thereby supporting law enforcement.
Meaning of “Injury” under Section 2, BNS 2023
The term “injury” refers to any harm illegally caused to a person’s body, mind, reputation, or property.
Legal Meaning:
This broad definition ensures protection not just from physical harm, but also from mental and reputational injury.
Case Law:
In Dilip Kumar Sharma v. State of M.P., AIR 1976 SC 133, the Supreme Court emphasized that injury includes any harm that affects physical, mental, or moral well-being.
Significance:
Thus, injury encompasses all illegal interferences with personal security or dignity.
Definition of “Illegal” and “Legally Bound to Do”
An act is “illegal” if it is an offence, prohibited by law, or grounds for civil action.
A person is “legally bound to do” what it is illegal for him to omit.
Case Law:
In State of Maharashtra v. Mayer Hans George, AIR 1965 SC 722, the Court held that ignorance of the law does not excuse an illegal act.
Legal Importance:
This definition connects criminal and civil responsibility, ensuring that both acts and omissions have legal consequences.
Meaning of “Judge” under BNS 2023
A “Judge” is any person officially designated as such and includes anyone empowered by law to deliver a definitive judgment.
This includes members of a judicial body authorized to decide cases in civil or criminal matters.
Illustration:
A Magistrate exercising jurisdiction and empowered to sentence offenders qualifies as a Judge.
Case Law:
In Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675, the Supreme Court explained the judicial role of judges as distinct from administrative actions.
Relevance:
This definition ensures that judicial powers are exercised only by competent legal authorities.
Definition of “Life” in BNS 2023
“Life” means the life of a human being, unless otherwise specified.
This definition ensures the sanctity of human existence under criminal law.
Case Law:
In Maneka Gandhi v. Union of India, AIR 1978 SC 597, the Court interpreted “life” broadly, including the right to live with dignity and personal liberty.
Legal Impact:
Hence, every action that threatens human life directly or indirectly becomes punishable under the BNS.
Meaning of “Local Law”
A “local law” refers to a law applicable only to a specific part of India.
Example:
The Bombay Police Act applies primarily within the State of Maharashtra.
Importance:
This definition helps identify the territorial extent and jurisdictional limits of laws across states.
Meaning of “Man”
The term “man” refers to a male human being of any age.
It distinguishes biological gender for legal interpretation, though the Sanhita ensures gender inclusivity elsewhere.
Meaning of “Month” and “Year”
Both “month” and “year” are reckoned according to the Gregorian calendar.
Legal Importance:
This ensures uniformity in calculating sentences, limitation periods, and other time-based legal procedures.
Meaning of “Movable Property”
“Movable property” includes every kind of property except land and things attached to or fastened to the earth.
Case Law:
In Vishwanath v. State of Uttar Pradesh, AIR 1960 SC 67, movable property included even temporary structures and goods not permanently affixed.
Significance:
This helps in distinguishing between offences like theft (movable) and trespass or mischief (immovable).
Meaning of “Number”
Unless the context demands otherwise, singular includes plural, and plural includes singular.
Legal Utility:
This ensures flexibility in interpreting legislative provisions and prevents unnecessary technical objections in court.
Definition of “Oath”
An “oath” includes a solemn affirmation or any declaration required by law before a public servant or for evidentiary purposes.
Case Law:
In S. Swaran Singh v. State of Punjab, AIR 2000 SC 2017, false evidence under oath was treated as perjury, highlighting the seriousness of this legal term.
Meaning of “Offence” in BNS 2023
The word “offence” refers to any act made punishable under the Sanhita.
However, in certain sections, it includes acts punishable under special or local laws, especially where the punishment involves imprisonment of six months or more.
Case Law:
In K.C. Builders v. CIT, (2004) 2 SCC 731, the Court clarified that an offence must involve a punishable act or omission recognized by law.
Legal Impact:
This inclusive definition ensures that special and local laws harmonize with the Bharatiya Nyaya Sanhita.
Meaning of “Omission”
An “omission” includes both a single omission and a series of omissions.
Example:
Neglecting to maintain safety equipment regularly can be treated as a series of omissions, each having legal consequences.
Definition of “Person”
“Person” includes any company, association, or body of persons, whether incorporated or not.
Case Law:
In Assistant Commissioner v. Velliappa Textiles Ltd., (2003) 11 SCC 405, the Court confirmed that companies can be criminally liable as legal persons.
Relevance:
This ensures that corporate bodies and associations are also accountable under criminal law.
Meaning of “Public”
The term “public” includes any class of the public or any community.
Legal Scope:
This definition expands protection to collective interests such as public safety, morality, and peace.
Public Servant – Meaning and Scope
The term “public servant” is broad under the BNS. It includes every commissioned officer in the Army, Navy or Air Force, every Judge, and every government officer whose duty involves enforcing or upholding law.
It also covers officers managing government property, preparing revenue surveys, or maintaining public records. Even a person acting in the position of a public servant, without formal appointment, is treated as one under law.
Case Reference:
In P.V. Narasimha Rao v. State (1998 SCC 691), the Supreme Court held that Members of Parliament are public servants when performing legislative functions.
Election
The term “election” includes any process of selecting members of legislative, municipal or public authorities through lawful voting methods. This ensures that all electoral duties, such as maintaining voter rolls or conducting elections, fall under the purview of public service law.
Illustration:
A Municipal Commissioner conducting a local election is a public servant within the meaning of this definition.
Reason to Believe
The phrase “reason to believe” means that a person has sufficient cause to believe something but not otherwise. It is a standard used in criminal investigations and judicial reasoning.
Case Law:
In ITO v. Lakhmani Mewal Das (1976 AIR 1753), the Supreme Court explained that “reason to believe” must be based on rational material, not mere suspicion.
Special Law
A special law refers to a legal enactment applicable to a specific subject or area, differing from general laws. For example, the Narcotic Drugs and Psychotropic Substances Act, 1985 is a special law governing drug-related offences.
Under BNS, such laws coexist with general criminal provisions but take precedence in their specific fields.
Valuable Security
A “valuable security” is any document that creates, transfers, restricts, or acknowledges a legal right or liability.
Illustration: When A signs the back of a bill of exchange transferring its ownership, it becomes a valuable security.
This concept is important in fraud, forgery, and property offence cases under the BNS.
Example Case:
In State of Uttar Pradesh v. Boota Singh (1979 SCC 83), the Court held that any forged document used to alter legal rights qualifies as a valuable security.
Vessel
A vessel means any object made for the conveyance of people or property by water. The definition includes ships, boats, and water-barges.
This term helps establish liability for offences committed on watercraft or involving maritime transportation.
Voluntarily
An act is said to be done “voluntarily” when a person intends the result or knows it is likely to occur.
Illustration: A sets fire to a house for robbery and a death results. Even without intent to kill, if A knew death was likely, the death is caused voluntarily.
Will
A “will” means any testamentary document expressing a person’s intention regarding property distribution after death. Such documents must follow legal formalities for validity.
Woman
A “woman” refers to a female human being of any age. This ensures protection for women in every stage of life under BNS provisions.
Wrongful Gain and Wrongful Loss
Wrongful gain means obtaining property by unlawful means to which the person is not entitled.
Wrongful loss means being unlawfully deprived of property to which a person has a legal right.
These concepts define offences like theft, cheating, and criminal misappropriation.
Illustration: If A takes B’s property without right and profits from it, A gains wrongfully and B loses wrongfully.
Integration with Other Laws
The BNS clarifies that any terms not defined within it but defined in the Information Technology Act, 2000 or the Bharatiya Nagarik Suraksha Sanhita, 2023 carry the same meanings here.
This harmonization avoids confusion and maintains legal consistency across India’s updated criminal law framework.
Conclusion
Section 2 of BNS 2023 further clarifies core legal concepts used in criminal law. The definitions of public servant, reason to believe, valuable security, and wrong
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