Section 3 of BNS: General Explanations and Expressions
Section 3 of BNS is part of CHAPTER 1 PRELIMINARY in Bharatiya Nyaya Sanhita 2023 Act. It is one of the principal constituent elements of Indian criminal law structure, where general principles and interpretations of offences and penal provisions are found. The whole section is in the Chapter on Preliminary Matters, which gives a description of what to understand by definitions and expressions used in the Sanhita.
This section defines some of the fundamental principles in this chapter, such as exceptions to offences, implications of possession, and liabilities of persons involved in criminal offences. It is also about the terminologies that need to have a uniform approach towards applying those expressions defined in one part of the Sanhita. Section 3, thus, provides a well-structured platform for comprehending legal terms and their applications, on which the principles of justice and accountability in the judicial system are based.
Definition of BNS Section 3
(1) Throughout this Sanhita, every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions,” though those exceptions are not repeated in such definition, penal provision, or Illustration.
(2) Every expression which is explained in any Part of this Sanhita is used in every Part of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk, or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation: A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this subsection.
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.
Explanation and Illustrationof Section 3 (Bharatiya Nyaya Sanhita, 2023
Section 3 of Bharatiya Nyaya Sanhita (BNS) 2023 elaborates on the key definitions and examples that bring clarity to the Indian legal framework concerning definitions and principles of criminal offences.
Examples:
(a) The chapters in this Sanhita, which define what offences are, state nothing that a child under seven years of age cannot commit such offences; but the definitions are to be read subject to the general exception which states that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a policeman, without warrant, arrests Z, who had committed murder. Here A is not liable for the offence of wrongful confinement; for he was bound by law to arrest Z, and therefore the case comes within the general exception which provides that ‘nothing is an offence which is done by a person who is bound by law to do it’.
Illustration:
A intentionally causes Z's death partly by illegally omitting to give Z food and partly by beating Z. A has committed murder.
(a) A and B agree to murder Z and at different times give him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies due to the impact of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and, as each of them does an act by which the death is caused, they both are guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor is in charge of Z, a prisoner. With the intention to cause the death of Z, illegally omits to supply Z with food; in consequence of which Z becomes much weakened in strength; yet from this starvation alone he does not die. A is removed from his office and B is appointed in his room. B, without the concurrence of A,illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but because A did not concur with B, A can only be held liable for attempted murder.
Illustration:
A kills Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill will against Z and intending to kill him and not having been subjected to the provocation, helps A in killing Z. Here whereas A and B both are abettors of the commission of Z's death, B is guilty of murder while A is guilty of only culpable homicide.
Key Points in BNS-03
BNS Section 3, provides a well-structured platform for comprehending legal terms and their applications, on which the principles of justice and accountability in the judicial system are based. Here is a detailed outline of the same:
- All offenses, penal provisions and illustrations of this Sanhita are covered by the General Exceptions chapter, however much soever it may not be specifically mentioned
- Unless otherwise provided, expressions defined in one part of the Sanhita are understood to have the same meaning everywhere
- All permanent and temporary employees employed as clerks or servants are included in the definition of spouse, clerk, or servant. The property possessed by the spouse, clerk, or servant of a person on behalf of such person is held to be in his or her possession
- Criminal omissions are treated as acts except where the context otherwise provides
- Where two or more persons commit a criminal act with a common intention, they shall both be liable as if each of them had alone committed the act
- All parties to a crime within a particular situation through actual knowledge or intent are equally responsible
- An act and omission may constitute an offence where both together have caused it
- A person who, despite having no mental sickness, actually assisted another to commit any such offence individually or collectively, shall be held responsible for that offence
- Persons, who through the same act, participate in the same transaction, may be convicted under the different provisions of this Code.
Differences Between Section 3 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 3 of the Indian Penal Code (IPC) and Section 3 of the Bharatiya Nyaya Sanhita (BNS) 2024, focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 3(1) | General explanations | 6 | Section is included as a sub-section in BNS sans heading. |
| 3(2) | General explanations- Sense of expression once explained. | 7 | Ditto |
| 3(3) | General explanations- Property in possession of wife, clerk or servant. | 27 | Section is included as a sub-section in BNS sans heading. “Wife” is replaced by “Spouse”. |
| 3(4) | General explanations-"Words referring to acts include illegal omissions". | 32 | Section is included as a sub-section in BNS sans heading. |
| 3(5) | General explanations- Acts done by several persons in furtherance of common intention. | 34 | Section is included as a sub-section in BNS sans heading. No other change. |
| 3(6) | General explanations- When such an act is criminal by reason of its being done with a criminal knowledge or intention. | 35 | Ditto. |
| 3(7) | General explanations- Effect caused partly by act and partly by omission | 36 | Ditto. |
| 3(8) | General explanations- Co-operation by doing one of several acts constituting an offence. | 37 | Ditto. |
| 3(9) | General explanations- Persons concerned in Criminal act may be guilty of different offences. | 38 | Ditto. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) 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: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 3 of the Bharatiya Nyaya Sanhita (BNS)
Which offence is defined under BNS Section 3?
General explanations regarding offences are found in Section 3 Bharatiya Nyaya Sanhita (BNS).
What chapter does section 3 BNS come under Bharatiya Nyaya Sanhita 2023?
Section 3 of BNS deals with Chapter I of the Bharatiya Nyaya Sanhita 2023 Act which is entitled as ‘Preliminary’.
What are the general exceptions which Section 3 of BNS talks about?
Section 3 of the BNS contains general exceptions relating to circumstances under which certain acts shall not be deemed to be offences, with essential backgrounds for various definitions that appear in the Sanhita.
How does Section 3 of the BNS address liability in the context of joint criminal actions?
Section 3 of the BNS stipulates that whenever two or more persons jointly agree to do a specific act, each can be held liable for the entire act, but only in relation to that act. This section addresses the issue of collective responsibility in criminal acts.
What is Section 3 of the Bharatiya Nyaya Sanhita (BNS)?
Section 3 of the BNS outlines the jurisdiction and applicability of the code, specifying the territorial and personal scope within which the BNS operates.
What are Section 3 notes in the BNS?
Section 3 notes provide clarifications and interpretive guidance on jurisdictional boundaries and the extent of the BNS's application across different cases and regions.
What is Section 3, Subsection 5 of the BNS?
Section 3, Subsection 5 specifies exceptions or limitations to the jurisdictional scope, detailing situations where the BNS may not apply.
