 of Bharatiya Nyaya Sanhita 2023. Covers public servant, reason to believe, valuable security, voluntarily, and wrongful gain with case laws.){kind=link}
Introduction
Section 2 of the Bharatiya Nyaya Sanhita 2023 (BNS 2023) contains essential legal definitions. These terms form the foundation of India’s criminal law framework. In this part, we explain terms such as public servant, election, reason to believe, special law, valuable security, voluntarily, wrongful gain, and wrongful loss.
These definitions replace and modernize the ones under the Indian Penal Code 1860, aligning with present-day governance and judicial practices.
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 wrongful gain strengthen accountability and clarity in India’s justice system.
Read Also
- Section 1 of Bharatiya Nyaya Sanhita, 2023 – Short Title, Commencement and Application Explained
- Section 2 of Bharatiya Nyaya Sanhita 2023 – Definitions Explained (Part 2)
- Section 2 of Bharatiya Nyaya Sanhita 2023 – Detailed Legal Definitions Explained (Part 3)
- Understanding the Preamble of Bharatiya Nyaya Sanhita, 2023 | Meaning and Key Legal Terms Explained