Introduction
Section 3 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides the general principles guiding interpretation of offences and penal provisions. It ensures that all definitions, illustrations, and provisions are read in light of the General Exceptions mentioned in the Sanhita. This section forms the foundation of criminal interpretation under the new law, replacing Section 6 to Section 34 of the Indian Penal Code (IPC) in its spirit.
Understanding the Objective of Section 3
The main objective of Section 3 is to ensure uniform interpretation of criminal acts and offences under the Sanhita. Every offence defined under the Act is subject to General Exceptions, even if those exceptions are not expressly mentioned in each section.
This approach maintains fairness and clarity in applying criminal liability.
Illustrations Explained
1. Exception for Children
A child under seven years cannot commit an offence under this law. This is based on the general exception that a person below seven lacks criminal intent.
Example: Definitions of offences do not explicitly exclude children, yet this exception always applies.
2. Acts Bound by Law
If a police officer arrests a murderer without a warrant, he commits no offence. The law protects acts performed by persons legally bound to act.
Example: A police officer apprehending a criminal is exempt from wrongful confinement charges.
Key Legal Explanations under Section 3
1. Uniform Usage of Expressions
Every expression explained in one part of the Sanhita holds the same meaning throughout the Act, unless a contrary intent appears. This ensures legal consistency in interpretation.
2. Possession of Property
When a property is held by a spouse, clerk, or servant on behalf of someone, it is deemed that person’s possession.
Explanation: Even temporary clerks or servants are included in this definition.
3. Acts Include Omissions
Words referring to acts also extend to illegal omissions. Hence, failure to act can constitute an offence in certain situations.
4. Common Intention in Criminal Acts
When several persons commit a criminal act together, each is equally liable as if he acted alone.
This reflects the principle of joint liability in criminal law.
5. Criminal Knowledge or Intention
If an act becomes criminal due to knowledge or intent, every person sharing that intention is liable. This promotes accountability for shared criminal conduct.
6. Acts and Omissions Combined
When an offence involves both an act and an omission, the law treats both as part of the same offence.
Illustration: If A causes Z’s death by starvation and beating, both acts form one offence of murder.
Cooperation in the Commission of Offences
When multiple persons cooperate intentionally in an offence, all are equally liable, even if their acts differ in time or nature.
Illustration 1:
A and B agree to poison Z at different times. Each administers doses, and Z dies. Both A and B are guilty of murder.
Illustration 2:
A and B are jailors who omit to feed prisoner Z intentionally. Z dies of starvation. Both are guilty of murder.
Illustration 3:
If A omits to feed Z but is replaced by B who continues the omission knowingly, B is guilty of murder, while A is guilty of attempt to murder, as they did not cooperate.
Different Offences from the Same Act
When several persons participate in one act, their guilt depends on their individual intent.
Illustration:
A kills Z under grave provocation (culpable homicide). B assists A intending to kill Z (murder).
Here, A is guilty of culpable homicide, while B is guilty of murder.
Significance of Section 3 in Bharatiya Nyaya Sanhita
Section 3 of BNS lays down interpretative rules for applying criminal provisions uniformly.
It maintains justice by distinguishing between intentional, accidental, and lawful acts.
It also reflects mens rea principles, emphasizing criminal intent and cooperation.
This provision ensures no innocent person faces liability without criminal intention or unlawful omission.
Conclusion
Section 3 – General Explanations serves as the interpretative backbone of the Bharatiya Nyaya Sanhita, 2023.
It ensures consistent understanding of offences, exceptions, and liabilities under Indian criminal law.
By defining common intention, joint liability, and legal exceptions, it brings clarity and fairness to modern criminal jurisprudence in India.
Short Summary
Section 3 of Bharatiya Nyaya Sanhita, 2023 explains how offences and exceptions must be interpreted. It covers common intention, joint liability, illegal omissions, and criminal cooperation. It ensures uniform interpretation across all offences and preserves fairness in applying criminal responsibility.
Read Also
Section 1 of Bharatiya Nyaya Sanhita, 2023 – Short Title, Commencement and Application Explained
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
Section 2 of Bharatiya Nyaya Sanhita 2023 – Definitions Explained (Part 2)