Part 1 of 2 of BNS : Part 1 of 2

Explanation using Example

Example 1:

Scenario: Ramesh, a 17-year-old boy, is caught stealing a bicycle.

Application of the Act:

• According to the definition of "child" in the act, Ramesh is considered a child because he is below the age of eighteen years.
• The act of stealing the bicycle is an "offence" as it is punishable under the Bharatiya Nyaya Sanhita 2023.
• Since Ramesh is a child, the case may be handled under the Juvenile Justice Act, which provides for different procedures and penalties for children.

Example 2:

Scenario: Priya creates a fake passport that looks very similar to an original passport to deceive immigration officers.

Application of the Act:

• Priya's action falls under the definition of "counterfeit" as she caused one thing (the fake passport) to resemble another thing (the original passport) with the intention to practice deception.
• Explanation 1 clarifies that the imitation does not need to be exact, which applies to Priya's case.
• Explanation 2 presumes that Priya intended to deceive unless proven otherwise, given the resemblance of the fake passport to the original.

Example 3:

Scenario: A company issues a cheque to its supplier.

Application of the Act:

• The cheque is considered a "document" as it is a matter expressed upon a substance (paper) by means of letters and figures, intended to be used as evidence of payment.
• Illustration (b) under the definition of "document" explicitly states that a cheque upon a banker is a document.

Example 4:

Scenario: A person provides shelter and food to a fugitive to help him evade arrest.

Application of the Act:

• The person is "harbouring" the fugitive as per the definition in the act, which includes supplying shelter, food, and other means to evade apprehension.

Example 5:

Scenario: A judge in a local court sentences a person to imprisonment for theft.

Application of the Act:

• The judge is acting as a "Court" as defined in the act, which includes a judge empowered by law to act judicially.
• The judge is also a "Judge" as per the definition, as he is officially designated and empowered to give a definitive judgment in a legal proceeding.

Example 6:

Scenario: A person writes his name on the back of a bill of exchange payable to his order.

Application of the Act:

• The endorsement on the bill of exchange is considered a "document" as per Explanation 2 and the accompanying illustration, which states that the endorsement signifies that the bill is to be paid to the holder.

Example 7:

Scenario: A person intentionally provides false information to gain money from another person.

Application of the Act:

• The person's action is "fraudulent" as it is done with the intention to defraud, fitting the definition provided in the act.

Example 8:

Scenario: A transgender person is referred to as "he" in a legal document.

Application of the Act:

• The pronoun "he" is used for any person, including transgender individuals, as per the definition of "gender" in the act.
• The term "transgender" is defined as per the Transgender Persons (Protection of Rights) Act, 2019.

Example 9:

Scenario: A person believes a rumor without verifying its truth and spreads it, causing harm to another's reputation.

Application of the Act:

• The person did not act in "good faith" as the action was done without due care and attention, fitting the definition provided in the act.

Example 10:

Scenario: A person is injured in a car accident caused by another's reckless driving.

Application of the Act:

• The harm caused to the person's body is an "injury" as it was illegally caused, fitting the definition provided in the act.