Definitions Under Bharatiya Nyaya Sanhita and General Explanations under IPC

Legal Studies Bare Act

Definitions under Bharatiya Nyaya Sanhita defined in section 2 of Chapter I (Preliminary). Chapter I is “Preliminary,” which is introductory sections that provide key definitions and explanations of important terms used throughout the legal document i.e. Bharatiya Nyaya Sanhita. Further, this preliminary chapter serves to clarify the meanings of specific terms and concepts, which ensure a common understanding of the language used in the Bharatiya Nyaya Sanhita (BNS). Likewise, ‘definitions’ under Bharatiya Nyaya Sanhita play a crucial role in legal interpretation by helping individuals, legal professionals, and the judiciary to apply the provisions accurately.

Similar to this, Indian Penal Code has a separate chapter namely ‘General Explanations,” which defines all the terms frequently used in the Code.

General Explanations Under Indian Penal Code

Similar to the section ’definitions’ in the BNS, ‘General Explanations’ is a separate chapter in the Indian Penal Code that defines all the key terms used throughout the document. These definitions and concepts of key terms given in this chapter serve as foundational elements. Furthermore, they establish the scope and context within which the subsequent sections and offenses outlined in the IPC. Therefore, their understanding is essential to understand their applicability.

‘Definitions’ Under Bharatiya Nyaya Sanhita and its Comparison with ‘General Explanations’ given under Indian Penal Code

The given table primarily defines the terms given under section 2 of the BNS and then also highlights the differences in comparison to the ‘General Explanations’ given under IPC −

Term	Bharatiya Nyaya Sanhita	Indian Penal Code
Act	Sec. 2(1) − “act” denotes as well a series of acts as a single act. Note − the term omission is deleted from here, and separately defined under Sec. 2(25).	Sec. 33 − The word “act” denotes as well as series of acts as a single act − the word “omission” denotes as well a series of omissions as a single omission.
Animal	Sec. 2(2) − “animal” means any living creature, other than a human being	Section 47 − no change
Child	Sec. 2(3) − “child” means any person below the age of eighteen years.New entry	Not defined under IPC
Counterfeit	Sec. 2(4) − 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 practiced.	Section 28 − No Change
Court	Sec. 2(5) − “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. Note − “of justice” deleted.	Section 20 − The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially
Death	Sec. 2(6) − “death” means the death of a human being unless the contrary appears from the context.	Section 46 − No change.
Dishonestly	Sec. 2(7) − “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. Note − only change in language.	Sec. 24 − Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
Document	Sec. 2(8) − “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter.	Section 29 − No change.
Fraudulently	Sec. 2(9) − “fraudulently” means doing anything with the intention to defraud but not otherwise. Note − Change in language only	Sec. 25: A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Gender	Sec. 2(10) − The pronoun “he” and its derivatives are used of any person, whether male, female or transgender. Exp. − “transgender” shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.	Sec. 8 − The pronoun “he” and its derivatives are used of any person, whether male or female.
Good Faith	Sec. 2(11) − Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;	Section 52 − No change
Government	Sec. 2(12) − ) “Government” means the Central Government or a State Government	Section 17 − No change
Harbour	Sec. 2(13) − “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension. Note − Initials deleted	Sec. 52A − Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.]
Injury	Sec. 2(14) − “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property.	Section 44 − No change
“Illegal” and “legally bound to do”	Sec. 2(15) − The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit;	Section 43 − No change
Judge	Sec. 2(16) − “Judge” means a person who is officially designated as a Judge and includes a person,– (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge; Note − Changes only in presentation.	Sec. 19 − The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person. who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment. Illustrations (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appear, is a Judge.
Life	Sec. 2 (17) − “life” means the life of a human being, unless the contrary appears from the context;	Section 45 − No change.
Local Law	Sec. 2(18) − “local law” means a law applicable only to a particular part of India;	Section 42 − No change
Man	Sec. 2(19): “man” means male human being of any age. Note − “woman’ deleted from here.	Sec. 10 − The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
“Month” and “Year”	Sec. 2(20): Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar. Note − the term ‘month’ and ‘year’ reversed and instead of ‘British Calendar, ‘Gregorian Calendar’ used.	Sec. 49 − Wherever the word “year” or the word “month” is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.
Movable Property	Sec. 2(21) − “Movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;	Sec. 22 − The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
Number	Sec. 2(22) − Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;	Section 9 − No change.
Oath	Sec. 2 (23) − “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not	Section 51 − No change.
Offence	Sec. 2(24) − “offence”—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but– (a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and (b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;	Section 40 − No change.
Omission	Sec. 2(25) − “Omission” denotes as well as a series of omissions as a single omission.	Section 33 − It is defined with “Act.”
Person	Sec. 2(26) − “Person” includes any company or association or body of persons, whether incorporated or not;	Section 11 − No change.
Public	Sec. 2(27) − “Public” includes any class of the public or any community	Section 12 − No change.
Public Servant	Sec. 2(28) − “Public servant” means a person falling under any of the descriptions, as described… Note − This provision is comprehensively defined.	Section 14 − Here, Servant of Government used.
Reason to Believe	Sec. 2(29) − A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise;	Section 26 − No change.
Special Law	Sec. 2(30) − “Special law” means a law applicable to a particular subject;	Section 41 − No change.
Valuable Security	Sec. 2(31) − “Valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.	Section 30 − No change.
Vessel	Sec. 2(32) − “Vessel” means anything made for the conveyance by water of human beings or of property;	Section 48 − No change.
Voluntarily	Sec. 2(33) − A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.	Section 39 − No change.
Will	Sec. 2(34) − “Will” means any testamentary document.	Section 31 − Here, it is ‘A will.’
Woman	Sec. 2(35) − “Woman” means a female human being of any age.	Section 10 − It is defined with “man.”
Wrongful Gain	Sec. 2(36) − “Wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled;	Section 23 − Wrongful gain and wrongful loss and Gaining Wrongfully And Losing Wrongfully all terms defined in this section.
Wrongful Loss	Sec. 2(37) − “Wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;	Section 23 −
Gaining Wrongfully And Losing Wrongfully	Sec. 2(38) − A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.	Section 23 −
	Sec. 2(39) − Words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.	New Provision
Deleted Terms		Section 18 − India; Section 27 − “Property in possession of wife, clerk or servant; Section 29A − “Electronic record; Section 50 − The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.
Shift	Words referring to acts include illegal omissions: Placed in Section 3(4)	Section 32 − Words referring to acts include illegal omissions.
Shift	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.Placed in Section 3(5).	Section 34 − Acts done by several persons in furtherance of common intention.
Shift	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. Placed in Section 3(6).	Section 35 − When such an act is criminal by reason of its being done with a criminal knowledge or intention.
Shift	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.Placed in Section 3(7).	Section 36 − Effect caused partly by act and partly by omission
Shift	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.Placed in Section 3(8).	Section 37 − Co-operation by doing one of several acts constituting an offence.
Shift	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.Placed in Section 3(9).	Section 38 − Persons concerned in criminal act may be guilty of different offences

Conclusion

As discussed above, most of the key terms of Chapter II (General Explanations) of Indian Penal Code are defined under Section 2 of Chapter I of Bharatiya Nyaya Sanhita. Besides, in the BNS, some of the sections of IPC, such as Sections 18, 27, 29A, etc. are not included; at the same time, some sections such as Section 34, 35, 36, etc. are moved in different sub-clauses of Section 3.

Frequently Asked Questions

Q1. What does the section 2 of Bharatiya Nyaya Sanhita defines and how it is different from Indian Penal Code?

Ans. Section 2 of Bharatiya Nyaya Sanhita defines all the key terminologies that frequently used all over the document. The same key terms are defined under different sections of Chapter II of Indian Penal Code. Secondly, some of the terms, such as “India,’ etc., deleted or in other words, not included in BNS.

Q2. What are the terms of Chapter II (General Explanations) of Indian Penal Code deleted?

Ans. Following sections/terms are deleted and not included in Bharatiya Nyaya Sanhita −

Section 18 − India;
Section 27 − “Property in possession of wife, clerk or servant;
Section 29A − “Electronic record;
Section 50 − The word “section” denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

Q3. What is substantial difference between IPC’ Chapter II (General Explanations) and Bharatiya Nyaya Sanhita’s definitions?

Ans. Primarily, chapter II (i.e. General Explanations) of IPC described in chapter I (i.e. Preliminary) of BNS. Secondly, chapter General Explanations (of IPC) classified into two parts in BNS as −

Section 2 − Definitions &
Section 3 − General Explanations

Mukesh Kumar

Updated on: 11-Jan-2024

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