 of the Bharatiya Nyaya Sanhita 2023 explains key legal definitions such as court, death, dishonestly, document, fraudulently, gender, good faith, government, and harbour. Understand their meanings and significance under India’s new criminal law.){kind=link}
Introduction
The Bharatiya Nyaya Sanhita 2023 (BNS 2023) continues to redefine key legal terms from the former Indian Penal Code (IPC).
Section 2 provides detailed statutory definitions vital for interpreting every offence under the new criminal framework.
This second part explains the meanings of court, death, dishonestly, document, fraudulently, gender, good faith, government, and harbour.
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.
Conclusion
Section 2 (Part 2) of the Bharatiya Nyaya Sanhita 2023 elaborates fundamental legal expressions vital for criminal interpretation.
Understanding terms like court, document, dishonestly, fraudulently, good faith, and harbour ensures precise application of justice under India’s new legal code.
Read Also –