Part 1 of 2 of BNS : Part 1 of 2
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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 do...
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