Part 2 of 2 of BNS : Part 2 of 2

Explanation using Example

Example 1:

Scenario: A Municipal Commissioner is accused of accepting a bribe to approve a construction project.

Application of the Act:

• According to Section 2(28)(j), a Municipal Commissioner is considered a public servant.
• As a public servant, the Municipal Commissioner is subject to laws that prevent corruption and bribery.
• If found guilty, the Municipal Commissioner could face legal consequences under anti-corruption laws.

Example 2:

Scenario: A company director signs a contract transferring ownership of company assets to another entity.

Application of the Act:

• According to Section 2(26), the term "person" includes any company or association.
• The signed contract is a "valuable security" as defined in Section 2(31) because it creates a legal right to transfer ownership.
• If the transfer is done unlawfully, it could result in "wrongful loss" to the company and "wrongful gain" to the other entity as per Sections 2(36) and 2(37).

Example 3:

Scenario: An Army officer is tasked with preventing illegal logging in a protected forest area.

Application of the Act:

• According to Section 2(28)(a), the Army officer is a public servant.
• The officer's duty to prevent illegal activities falls under Section 2(28)(g), which includes preventing offenses and protecting public resources.
• Failure to perform this duty could result in legal action against the officer for dereliction of duty.

Example 4:

Scenario: A judge is appointed to resolve a property dispute between two parties.

Application of the Act:

• According to Section 2(28)(b), the judge is a public servant.
• The judge's role in adjudicating the dispute is covered under Section 2(28)(b) and (e), which include persons empowered to discharge adjudicatory functions and arbitrators.
• Any bias or misconduct by the judge could lead to legal consequences under judicial conduct regulations.

Example 5:

Scenario: A person sets fire to a warehouse to claim insurance money but unintentionally causes the death of a security guard.

Application of the Act:

• According to Section 2(33), the person caused the effect "voluntarily" if they knew their actions were likely to cause such an effect.
• Even if the person did not intend to cause death, they are still responsible for the death because they knew the fire could lead to such an outcome.
• The person could face charges for causing death voluntarily under relevant criminal laws.

Example 6:

Scenario: A village headman is responsible for maintaining land records and collecting taxes.

Application of the Act:

• According to Section 2(28)(i), the village headman is a public servant.
• The headman's duties include keeping documents and levying taxes, which are covered under Section 2(28)(i).
• Any misuse of power or misappropriation of funds by the headman could result in legal action for breach of duty.

Example 7:

Scenario: A person endorses a cheque by signing on its back, transferring the right to the cheque to another person.

Application of the Act:

• According to Section 2(31), the endorsement of the cheque is a "valuable security."
• The endorsement transfers the legal right to the cheque to the new holder.
• If the endorsement is done fraudulently, it could lead to legal consequences for forgery or fraud.

Example 8:

Scenario: A software company is accused of data theft under the Information Technology Act, 2000.

Application of the Act:

• According to Section 2(39), terms not defined in the Bharatiya Nyaya Sanhita but defined in the Information Technology Act, 2000, will have the same meanings.
• The definitions and provisions of the Information Technology Act, 2000, will apply to the case.
• The company could face penalties under the Information Technology Act for data theft.

Example 9:

Scenario: A person is found in possession of a fake property deed.

Application of the Act:

• According to Section 2(31), a property deed is a "valuable security" as it creates a legal right.
• Possession of a fake deed could result in charges of forgery and fraud.
• The person could face legal consequences for attempting to create or transfer a false legal right.

Example 10:

Scenario: A government officer is responsible for conducting a local election.

Application of the Act:

• According to Section 2(28)(j), the officer conducting the election is a public servant.
• The officer's duties include preparing and maintaining electoral rolls and ensuring the election is conducted fairly.
• Any misconduct or tampering with the election process could lead to legal action for violating election laws.