The Bharatiya Nyaya Sanhita, 2023
ARRANGEMENT OF SECTIONS
CHAPTER I: PRELIMINARY
Section 2: Definitions.
Part 1 of 2
Bare Act
- (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 practice deception, or knowing it to be likely that deception will thereby be practised.
- Explanation 1. - It is not essential to counterfeiting that the imitation should be exact.
- Explanation 2. - When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;
- (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;
- (6) "death" means the death of a human being unless the contrary appears from the context;
- (7) "dishonestly" means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person;
- (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.
- Explanation 1. - It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
- Illustrations.
- (a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
- (b) A cheque upon a banker is a document.
- (c) A power-of-attorney is a document.
- (d) A map or plan which is intended to be used or which may be used as evidence, is a document.
- (e) A writing containing directions or instructions is a document.
- Explanation 2. - Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
- Illustration.
- A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words "pay to the holder" or words to that effect had been written over the signature;
- (9) "fraudulently" means doing anything with the intention to defraud but not otherwise;
- (10) "gender". - The pronoun "he" and its derivatives are used of any person, whether male, female or transgender.
- Explanation. - "transgender" shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;
- (11) "good faith". - Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention;
- (12) "Government" means the Central Government or a State Government;
- (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;
- (14) "injury" means any harm whatever illegally caused to any person, in body, mind, reputation or property;
- (15) "illegal" and "legally bound to do". - 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;
- (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.
- Illustration.
- 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;
- Illustration.
- (17) "life" means the life of a human being, unless the contrary appears from the context;
- (18) "local law" means a law applicable only to a particular part of India;
- (19) "man" means male human being of any age;
- (20) "month" and "year". - 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;
- (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;
- (22) "number". - 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;
- (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;
- (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;
Simplified Act and examples below are previews.
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- (1) "act" means both a single action and a series of actions.
- (2) "animal" refers to any living creature except a human being.
- (3) "child" means anyone under the age of eighteen.
- (4) "counterfeit" - A person is said to "counterfeit" when they make one thing look like another to deceive someone or knowing it might deceive someone.
- Explanation 1 - The imitation doesn't have to be perfect to be considered counterfeiting.
- Explanation 2 - If someone makes one thing look like another and it could deceive someone, it is assumed they intended to deceive unless proven otherwise.
- (5) "Court" means a Judge or a group of Judges who are legally allowed to make judicial decisions.
- (6) "death" means t
Explanation using examples
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 pas
