Introduction
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.
Conclusion
Section 2 of the Bharatiya Nyaya Sanhita 2023 establishes clear legal meanings for crucial terms.
Understanding these definitions is vital for interpreting offences accurately.
The explained terms — “act,” “animal,” “child,” and “counterfeit” — lay the foundation for applying the law consistently.
Read Also –
1. Understanding the Preamble of the Bharatiya Nyaya Sanhita, 2023
2. Section 1 of Bharatiya Nyaya Sanhita, 2023 – Short Title, Commencement and Application Explained