Simplified Section 2 BNS With Important Cases
Section 2: Definitions
Unless the context requires otherwise, the following terms and expressions shall have the following meanings when used in this Sanhita:
(1) Act
“act” includes a clause and a series of the acts.
(2) Animal
Animal shall mean any living creature other than a human being.
(3) Counterfeit
Counterfeit Someone is said to counterfeit when they adapt one thing so that it resembles another, with the intention of deceiving someone by means of the resemblance, or knowing that they are likely to deceive someone.
Explanation 1: for copycatting, the imitation don’t have to similar to the original item.
Explanation 2: Where a person causes one thing to resemble another (so as to lead someone into error), it will be assumed, unless the contrary is proved, that such person intended to lead someone into error or knew or should have known of such possibility.
State of Uttar Pradesh v. Hafiz Mohammad Ismail (1960)
Judgement: “Counterfeit: making one thing appear to be another, with intent to deceive or knowing that such appearance will deceive. Similarity of appearance is the essence of counterfeit. It is not necessary that the person deceived should be deceived..”
The similarity need not be exact. If the resemblance is close enough to deceive the ordinary man, the law assumes that it will under the definition.
(4) Court
Court means a Judge or Judges of the Court legally empowered to administer justice severally or jointly while acting in the capacity of a Judge or Judges of the Court.
(5) Death
Death is the cessation of life in a human being, unless the context indicates a different meaning.
(6) Dishonestly
“An individual is said to commit a dishonest act when he or she does something in order to dishonestly benefit one person and dishonestly cause a loss to another.
Dr. Vimla v. Delhi Administration (1963)
The Supreme Court defined the essence of dishonest and fraudulent intention. It acknowledged the existence of wrongful gain or wrongful loss and it considered the intention to defraud.
(7) Document
A matter expressed or described on any material by means of letters, figures, marks or a combination of letters, figures and marks to be used as evidence of that matter.
Explanation 1: The method of writing, marking, making, forming or otherwise representing words, letters, characters, figures or signs Whether on paper or any other medium. Whether or not the item is intended to be used as evidence in Court or elsewhere.
Illustrations:
A document is a piece of writing that states the conditions of a contract and is evidence of a contract.
A cheque drawn on a bank is a document.
(c) A power of attorney document is.
(d) The writing, or if there is more than one, any one of the writings, as originally written or made, is a document.
(e) A written document that carries directions or instructions; document.
Explanation 2: Words, numbers or marks that are expressed by analogy with commercial practice or common use of words or marks or any other way recognised, shall be expressed by analogy with words, numbers or marks, regardless of whether those words or marks have been written.
Illustration:
B endorse his name on the back of a bill of exchange payable to his order. Under the commercial usage the endorsement is an instruction to the holder that the bill is to be paid to him. This endorsement is in the form of a document and shall be understood as if the words “pay to the holder” or equivalent words had been written or endorsed thereon.
Md. Ibrahim v. State of Bihar (2009)
Judgment: The Supreme Court clarifies how the execution of a document in one’s own name, asserting ownership of the property, differs from executing a document in someone else’s name, by pretending to be them, or falsely asserting authority to act on their behalf.
The Court noted that not every false statement of ownership in the document constitutes a false document or forgery.
(8) Fraudulently
Any act or omission committed by a person with the purpose of deceiving another person, and not otherwise, is said to be done fraudulently.
Dr. Vimla v. Delhi Administration (1963)
Judgement: Supreme Court clarified on what is meant by dishonest and fraudulent intention. The Court focussed on the concept of wrongful gain or wrongful loss along with the intention to defraud.
(9) Gender
The pronoun ‘he’ and derivatives thereof will refer to all persons, female, male or transgender.
“transgender” shall mean the meaning of the term given under clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019; Explanation: The expressions of Transgender shall have the same definition as specified under clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
(10) Good Faith
Good faith means that an act or a belief has been done or adopted honestly and without due care and attention.
Harbhajan Singh v. State of Punjab (1965)
The Supreme Court decided that good faith means taking reasonable care and attention. It is not enough that a person honestly believes something. They must show that they have taken all reasonable care to ensure the facts before they act or make a statement.
(11) Government
Government or the State Government.
(12) Harbour
Except as provided in this Sanhita, to harbour the body and says that “harbour” shall include any supplying of a person with food or drink, money, clothes, arms, ammunition or means of transport, or any assistance to a person in any other such way, whether similar to the foregoing or not, with intent to enable a person to escape apprehension.
(13) Injury
Injury means anything done or not done that causes harm to a person’s body, mind, feelings or property.
(14) Illegal and legally Bound to Do
The term “illegal” can be used to describe: – behaviour which is an offence; – behaviour that is contrary to the law; – behaviour that justifies a civil action against the offender.
We say that any person is under a legal obligation to do some act when it is an offence for such person to neglect or omit to do that act.
(15) Judge
A person who is officially appointed as a Judge. It also includes:
(i) A person with the legal authority to render the final decision in any civil or criminal legal matter or the verdict that would be final if the case went unchallenged, or one that is final after affirmation by a higher jurisdiction;
(ii) A person who belongs to any group or body of persons who are lawfully competent to deliver such judgments.
Illustration:
“Judge” includes any Magistrate who is vested with the powercx to try a charge and sentence upon conviction either by fine or by imprisonment, irrespective of whether or not the sentence is appealable.
(16) Life
Life signifies the life of a human being unless the contrary appears from the context.
(17) Local Law
Local law: law applicable to a certain part of India.
(18) Man
MAN: a male human being of any age.
(19) Mental Illness
“mental illness” means the same as in clause (a) of section 2 of the Mental Healthcare Act, 2017;”.
(20) Month and Year
Any time in this Sanhita that “month” or “year” is mentioned, it shall be reckoned by the Gregorian calendar.
(21) Movable Property
“Movable property” means every kind of property except land and things attached to or permanently fixed to anything attached to land.
(22) Number
Unless the context otherwise requires, words importing the singular number shall also include the plural number, and vice versa.
(23) Oath
Oath means a solemn affirmation made instead of an oath, required or authorised by law to be made before a public servant, or used in proof of the fact, whether in a Court or elsewhere.
(24) Offence
In common use “offence” generally implies an act that is in some way punishable under this Sanhita. But there are some exceptions:
(a) In Chapter III and thereafter, the following terms shall have the respective meanings hereby assigned to them, that is to say “offence” shall mean anything punishable under the BNS Law or under any special law or local law.
– Section 8. (2)–(5).. Sub-sections (2), (3), (4) and (5) of Section 8.
– section 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113, 114 and 117.
– Section 125, subsections (7) and (8).
– Sections 217, 224, 225, 234, 242, 244, 245, 253, 254, 255, 256 and 257.
– Section 306 (6) And (7).
– Clause (b) of Section 324.
( b) In Sections 183, 205, 206, 232, 233, 243, 247 and 323, the term “offence” also includes a thing made punishable by any special law or local law, if the thing is made punishable by that law with imprisonment for a period which is not less than six months, or with fine or with both.
(25) Omission
Omission involves the failure to perform an act at one point or over a series of acts.
(26) Person
“Person” means a firm, body or persons, whether a corporation or unincorporated.
Standard Chartered Bank v. Directorate of Enforcement (2005)
The court observed that a company is punishable under a criminal offence when the law casts imprisonment or fine. If the company cannot be sentenced to imprisonment, then the Court is entitled to award fine where the penal provision applies.
This case has significance in the legality of a company being treated as a legal person and the criminal liability this could entail.
(27) Public
Public encompasses the whole body of people generally and any section or community of the same persons.
(28) Public Servant
A public servant includes any individual who:-
(a) Every commissioned officer of the Army, Navy or Air Force.
(b) Any other Judge, whether acting in the capacity of a single individual or as part of a collective or comprised group of individuals, other than a Judge.
(c) The following officers, all including a liquidator, receiver, or commissioner, acting in their official capacity:
– Research or report on a subject of law or fact.
– Preparing, verifying or maintaining any document.
– Occupy or use or dispose of any property.
– Carrying out any judicial process.
– Administering an oath.
– Stenography or ordering of the Court.
And, is liable for the act of any other person specially authorised to do it.
(d) Every assessor or a member of a Panchayat serving the Court or a public servant.
(E) An arbitrator or any other person to whom the Court or any other competent authority refers a matter or dispute for decision or report;
(f) a person who is elected to and is within the official authority of an office the purpose of which includes the power of confining.
(g) Every Government officer whose official duties include:
– Preventing offences.
– Providing information about offences.
– Bringing offenders before the law.
– Protecting public health, safety or convenience.
(h) Each officer whose official duties include:
– Acquiring, holding, using, administering or disbursing property for or on behalf of the Government.
– Performing a survey, undertaking an assessment, or entering into a contract for or on behalf of the Government.
– Carrying out revenue-related processes.
– Researching or reporting on any issue that affects the Government’s financial position.
– Ii) Preparing, verifying or maintaining documents connected with the financial interests of the Government.
– Securing against breaches of laws enacted to safeguard the financial interests of the Government.
(i) Every officer whose official duties include:
– Receiving, keeping, managing or spending property.
– Conducting surveys or assessments.
– Raising any rate or tax for a general benefit of a village, town or district.
– Lifting, checking or co-operating preparations, documents to establish the rights of people of any village, town or District.
(j) Such person who is in an office in which he is entitled to prepare, publish, maintain or revise electoral rolls or to conduct an election or any part of an election;
(k) Every person who is:
(i) Employed by, or paid by the Government, or receives fees or commission for carrying on any public duty for or on behalf of the Government.
(ii) by or on behalf of – (a) a local authority, as defined in section 3(31) of the General Clauses Act, 1897; (b) a corporation owned or controlled by the Central Government or State Government; (c) a Government company as defined in clause (45) of section 2 of the Companies Act, 2013; or
Explanation:
(a) Any individual who is or who is deemed to be a public servant and who is subject to any of the above-mentioned circumstances shall be deemed a public servant, whether he is or not appointed by the Government.
(b) Even when there is some defect of law in a right or an authority of a person to be a public servant, he shall be deemed to be a public servant if he is in fact a public servant.
(c) The term “election” means a process whereby membership of any legislative body, municipal body or any other public authority of whatever nature, is decided by an election held under the authority of any law in force.
Illustration:
A Municipal Commissioner is a public servant.
R.S. Nayak v. A.R. Antulay (1984)
The Supreme Court explained the interpretation of expression public servant’ under section 21 of the IPC by looking into the those who falls within the definition and clarified that an MLA does not become public servant because he was drawing salary and allowances.
(29) Reason to Believe
It is said that a person has reason to believe something when they have a sufficient number of grounds or reasons to believe that something is true.
(30) Special Law
Special law is a law that is applicable to a special subject.
(31) Valuable Security
Property as security is a document which creates, extends, assigns, restricts, terminates or releases a legal right. Property as security is a document in which a person admits they are under a legal obligation or they do not have a legal right.
Illustration:
A signs his name to the back of a bill of exchange. By this endorsement the right of the bill is transferred to any person who becomes its lawful possessor. So, this endorsement is regarded as a valuable security.
(32) Vessel
Vessel means any thing made or adapted for carrying persons or property on water.
(33) Voluntarily
A if he causes the effect by the means or methods which he intended to use to cause it, or by the means or methods which at the time he caused them, he knew or had reason to believe would probably cause the effect.
Illustration:
A at night, in a big town, sets an inhabited house on fire so that it will be easy for him to burgle it. Because a thinks that a would not kill anyone, and perhaps regrets that a has done so, a can be said not to have voluntarily caused the death. If, on the other hand, a knows that fire-raising is likely to cause death, a is said to have caused it voluntarily.
Basdev v. State of Pepsu (1956)
(a) Court’s observations were that knowledge is an awareness of consequences and knowledge of act whereas intention is the act of doing which could be inferred from knowledge. In some cases intention could be inferred from the knowledge of the consequence of the act.
(34) Will
Will Any document containing a testamentary declaration made by the person with respect to the disposition of his or her property.
(35) Woman
Woman includes every female person, regardless of age.
(36) Wrongful Gain
Wrongful gain “the acquiring of any property as a result of any unlawful act, where the acquirer does not have a legal right to the property”.
(37) Wrongful Loss
Wrongful loss is the loss of property through wrongful means by the person losing the property, but who had a legal right to the property.
(38) Gaining Wrongfully and Losing Wrongfully
One who, without right, acquires property or, without right, refuses to deliver it when he is obliged to do so, is said to have acquired wrongfully.
A person is said to be deprived wrongfully if he has been illegally deprived of his ownership of, or has been illegal prevented from possessing his own property.
(39) Words and Expression Not Defined in This Sanhita
Words and expressions used in this Sanhita but not defined in this Sanhita shall have the same meanings as assigned to them in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023.