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Section 2 of BNS: Definitions
Section 2 of BNS is part of Chapter I Preliminary in Bharatiya Nyaya Sanhita 2023 Act. It provides clear definitions of key terms that are essential for interpreting the law. These definitions form the backbone of the legal structure outlined in the BNS, ensuring that everyone, from legal professionals to the general public, can understand Section 2 of BNS is part of Chapter I Preliminary in Bharatiya Nyaya Sanhita 2023 Act. It provides clear definitions of key terms that are essential for interpreting the law. These definitions form the backbone of the legal structure outlined in the BNS, ensuring that everyone, from legal professionals to the general public, can understand and apply the law accurately.
Definition of BNS Section 2
Section 2 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
In this Sanhita, unless the context otherwise requires,––
(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to
resemble another thing, intending by means of that resemblance to practise deception,
or knowing it to be likely that deception will thereby be practised.
Key terms defined under BNS Section 2:
Section 2 of the Bharatiya Nyaya Sanhita (BNS), 2023 lays out important definitions that form the foundation of the legal system within this Act. These definitions provide clarity on how terms should be understood in legal contexts, ensuring that the law is applied consistently and accurately. Below are key terms defined under Section 2:
- 'Act': Refers to both a series of acts and a single act.
- 'Animal': Any living creature except a human being.
- 'Child': A person under the age of 18.
- 'Counterfeit': Intentionally making one thing look like another to deceive.
- 'Court': A judge or a group of judges empowered to make judicial decisions.
- 'Death': Refers to the death of a human being.
- 'Dishonestly': Acting with the intention of causing wrongful gain or loss.
- 'Document': Includes anything written or marked on any substance and includes electronic and digital records.
- 'Fraudulently': Doing something with the intent to deceive.
- 'Gender': The pronoun ‘he’ is used for any person, regardless of gender (male, female, or transgender).
- 'Good Faith': Actions or beliefs done with care and attention.
- 'Government': Refers to either the Central or State Government.
- 'Harbour': Offering shelter or assistance to someone evading capture.
- 'Injury': Harm caused to a person’s body, mind, reputation, or property.
- 'Illegal' and 'Legally Bound': 'Illegal' means anything forbidden by law, and 'legally bound' refers to something one is required to do by law.
- 'Judge': A person officially designated to deliver a final judgement in legal proceedings.
- 'Life': Refers to the life of a human being.
- 'Local Law': A law that applies to a specific part of India.
- 'Man': A male human being, regardless of age.
- 'Month' and 'Year': Calculated using the Gregorian calendar.
- 'Movable Property': Includes all property except land and attached objects.
- 'Number': Singular includes plural and vice versa, unless context suggests otherwise.
- 'Oath': Any legally authorised declaration or affirmation.
- 'Offence': An act made punishable under the Sanhita or other special or local laws.
- 'Omission': Refers to both a single or series of omissions.
- 'Person': Includes individuals, companies, and associations, whether incorporated or not.
- 'Public': Any group or community of people.
- 'Public Servant': Includes commissioned officers, judges, officers of the court, and other government employees.
- 'Reason to Believe': Having sufficient cause to believe something to be true.
- 'Special Law': A law that applies to a specific subject matter.
- 'Valuable Security': A document creating or acknowledging legal rights or liabilities.
- 'Vessel': Anything made for the transport of humans or goods by water.
- 'Voluntarily': Causing an effect intentionally or with the knowledge that it is likely to happen.
- 'Will': A testamentary document.
- 'Woman': A female human being, regardless of age.
- 'Wrongful Gain': Gaining property unlawfully.
- 'Wrongful Loss': Losing property unlawfully.
- 'Gaining Wrongfully' and 'Losing Wrongfully': Obtaining or losing property by unlawful means
Explanation and Illustration of BNS Section 2
Section 2 of the Bharatiya Nyaya Sanhita defines key terms to ensure that legal language is clear and consistent. By doing this, the law becomes easier to understand and apply, not only for judges and lawyers but also for everyday people. This section breaks down important words so there’s no confusion about what they mean in legal situations. Below are some simplified explanations of these terms and how they apply in practice.
Explanations:
1. Counterfeiting Doesn’t Have to Be Perfect:
When someone counterfeits something, like money or documents, it doesn’t have to be an exact copy. As long as the fake item could fool someone, it counts as counterfeiting.
2. Intent to Deceive:
If you make something look like something else, and it could trick someone, the law assumes you meant to deceive unless you can prove otherwise. For example, making a fake signature look like a real one shows intent to deceive, even if you didn’t say you were trying to trick someone.
3. Definition of Transgender:
The word transgender here follows the definition given in the Transgender Persons (Protection of Rights) Act, 2019. This ensures that the term is clear and specific, protecting the rights of transgender individuals as defined in Indian law.
Illustrations:
Signing a Bill of Exchange:
Imagine A writes their name on the back of a bill that says a certain amount is payable to their order. According to business rules (mercantile usage), this signature means that the bill is to be paid to the person holding it. Even though A didn’t write “pay to the holder,” the law treats their signature as if they had written those words, making it a valid document.
Magistrate as a Judge:
Let’s say a Magistrate is handling a case where they can impose a fine or even jail time. In this situation, the Magistrate is considered a Judge because they have the power to decide the case, even if the decision can be appealed later.
This section helps everyone—lawyers, judges, and the public—know exactly what certain words mean in legal settings. For example, counterfeiting doesn’t have to be a perfect copy to be illegal, and if you make something that could fool others, the law assumes you meant to deceive. Definitions like transgender are pulled from other Indian laws to keep things consistent. The illustrations show how these definitions work in real-life examples, like how a Magistrate can act as a Judge when deciding cases or how a simple signature on a financial document can have legal weight. This helps ensure fairness and clarity in the legal process.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points in BNS Section 02
Fundamental highlights of BNS section 02, including core principles, streamlined steps, and actionable insights. Here are some key points:
Act - Both a single act, as well as a series of acts. It follows, then, that liability can follow a single action or may flow from several connected acts
Animal- An animal is defined as a living creature, except an animal is not a human being. Thus, there are only non-human entities described by the term
Counterfeit- Counterfeiting occurs when a person makes one thing resemble another with the intention to deceive, or with the knowledge that deception is likely.
Explanation 1: An exact imitation is not required for counterfeiting to occur
Explanation 2:If a resemblance is likely to deceive someone, it is presumed that the person intended to deceive unless proven otherwise
Court- A Judge, whether acting singly or as a member of a Bench of Judges, with the same jurisdiction in all respects as a single Judge
Death- Human death, unless a contrary intention appears from context
Dishonestly- Done with an intent to cause wrongful gain to one person or wrongful loss to another
Document- Any subject written in words, numbers, or characters, or any combination of these, that serves to prove some fact.
Explanations: It is immaterial how or on what the words, figures, or characters are made, nor whether they are made for court use or not.
These definitions lay down the fundamental connotations of words used in the Sanhita.
Differences Between Section 2 of BNS and its Equivalent IPC Section
The definitions outlined in Section 8 to 52A of the IPC and Section 2 of the Bharatiya Nyaya Sanhita highlight significant distinctions in legal terminology and interpretation. Understanding these differences is crucial for comprehending the evolving legal landscape in India and the implications for justice and law enforcement. Here is a detailed insight into the same:
| Definitions | Indian Penal Code (IPC) | BNS |
|---|---|---|
| 2 Definitions | Definitions are scattered from Section 8 to 52A in Section II, 'General Explanations.' | Definitions are consolidated in Section 2 in alphabetical order for easier reference. |
| 2(1) 'act' | Section 33 addresses both 'Act' and 'Omission' collectively. | 'Act' and 'omission' are defined separately in subsections 2(1) and 2(25). |
| 2(2) 'animal' | No change. | No change. |
| 2(3) 'child' | No specific definition. | New definition: 'child' means any person below eighteen years. |
| 2(4) 'Counterfeit' | No change. | No change. |
| 2(5) 'Court' | Uses 'Court of Justice.' | Excludes the illustration and uses 'Court.' |
| 2(6) 'Death' | No change. | No change. |
| 2(7) 'Dishonestly' | Includes 'whoever does' and 'is said to do that thing dishonestly.' | Excludes those phrases. |
| 2(8) 'Document' | Includes various forms of documents. | Adds 'electronic and digital record' and incorporates sections 29 and 29A. |
| 2(9) 'Fraudulently' | Phraseology used, essence remains the same. | Phraseology changed but essence remains the same. |
| 2(10) 'Gender' | No specific mention of 'transgender.' | Includes 'transgender' alongside 'male' and 'female.' |
| 2(11) 'Good faith' | No change. | No change. |
| 2(12) 'Government' | 'Government of a State.' | Replaced with 'State Government.' |
| 2(13) 'Harbour' | Includes various sections related to harbouring. | Excludes specific phrases about spousal harbouring. |
| 2(14) 'Injury' | Uses 'denotes.' | Replaced with 'means.' |
| 2(15) 'Illegal and legally bound to do' | No change. | No change. |
| 2(16) 'Judge' | Definition includes multiple paragraphs and illustrations. | Simplified with numbered paragraphs; retains one illustration. |
| 2(17) 'Life' | Uses 'denotes.' | Replaced with 'means.' |
| 2(18) 'Local law' | No change. | No change. |
| 2(19) 'Man' | Uses 'denotes.' | Replaced with 'means'; bifurcated into subsections for 'man' (2(19)) and 'woman' (2(35)). |
| 2(20) 'Month and year' | Uses 'British calendar.' | Replaced with 'Gregorian calendar.' |
| 2(21) 'Movable property' | Uses 'corporeal.' | Removed 'corporeal,' thus expanding the definition. |
| 2(22) 'Number' | No change. | No change. |
| 2(23) 'Oath' | 'Court of Justice.' | Changed to 'Court.' |
| 2(24) 'Offence' | Uses 'denotes.' | Replaced with 'means.' |
| 2(25) 'Omission' | Combined with 'Act' in Section 33. | Defined separately in sub-section 2(25). |
| 2(26) 'Person' | No change. | No change. |
| 2(27) 'Public' | No change. | No change. |
| 2(28) 'Public servant' | Uses 'Military, Naval.' | Replaced with 'Army' and 'Navy'; 'Juryman' excluded. |
| 2(29) 'Reason to believe' | No change. | No change. |
| 2(30) 'Special law' | Uses 'is.' | Replaced by 'means.' |
| 2(31) 'Valuable security' | Uses 'denotes.' | Replaced with 'means.' |
| 2(32) 'Vessel' | Uses 'denotes.' | Replaced with 'means.' |
| 2(33) 'Voluntarily' | No change. | No change. |
| 2(34) 'Will' | Uses 'A will.' | Replaced with 'Will.' |
| 2(35) 'Woman' | Combined definition for 'man' and 'woman.' | Separate provisions for 'man' (2(19)) and 'woman' (2(35)). |
| 2(36) 'Wrongful gain' | Uses 'is.' | Replaced by 'means.' |
| 2(37) 'Wrongful loss' | Uses 'is.' | Replaced by 'means.' |
| 2(38) 'Gaining wrongfully, losing wrongfully' | No change. | No change. |
| 2(39) 'Words and expressions used but not defined' | IPC Section 29A has a narrower scope. | Broadened scope; definitions from IT Act, 2000 and BNSS apply. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita?
Understanding the new Bharatiya Nyaya Sanhita laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
Expert Help:
Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
Simple and Clear:
We break down all the legal jargons into simple language, so you can easily understand what steps to take.
Personalised Service:
Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
Experienced Team:
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