Introduction
The Bharatiya Nyaya Sanhita 2023 (BNS 2023) continues to modernize Indian criminal law through well-defined legal expressions.
Section 2 provides clarity on the meaning and application of several important terms.
In this third part, we explore definitions like injury, illegal, judge, life, local law, movable property, offence, omission, person, and public.
Each term holds significant importance in interpreting criminal liability, intent, and responsibility under the new legal system.
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.
Conclusion
Part 3 of Section 2 of the Bharatiya Nyaya Sanhita 2023 defines several essential legal concepts that shape the understanding of offences and liability.
From injury and illegality to offence, omission, and person, these definitions guide courts in applying justice fairly and consistently.
Read Also
- Section 2 of Bharatiya Nyaya Sanhita 2023 – Key Definitions Explained (Part 1)
- Section 2 of Bharatiya Nyaya Sanhita 2023 – Definitions Explained (Part 2)
- Section 1 of Bharatiya Nyaya Sanhita, 2023 – Short Title, Commencement and Application Explained
- Understanding the Preamble of Bharatiya Nyaya Sanhita, 2023 | Meaning and Key Legal Terms Explained