Section 3 of BNS : Section 3: General explanations.

Explanation using Example

Example 1:

Scenario: A 6-year-old child accidentally breaks a neighbor's window while playing cricket.

Application: According to Section 3(1) of The Bharatiya Nyaya Sanhita 2023, the child cannot be held criminally responsible for the act because the general exceptions include that a child under seven years of age cannot commit an offence. Therefore, the child's action of breaking the window is not considered an offence under this Sanhita.

Example 2:

Scenario: A police officer, Officer Raj, without a warrant, apprehends Ravi, who has just committed a robbery.

Application: According to Section 3(1) of The Bharatiya Nyaya Sanhita 2023, Officer Raj is not guilty of wrongful confinement because he is bound by law to apprehend Ravi, who has committed a crime. This falls under the general exception that actions performed by a person who is bound by law to do so are not considered offences.

Example 3:

Scenario: Sunita, a shop owner, has her shop managed by her husband, Ramesh, while she is away.

Application: According to Section 3(3) of The Bharatiya Nyaya Sanhita 2023, the property (shop) is considered to be in Sunita's possession even though it is physically managed by her husband, Ramesh. This is because the property is in the possession of her spouse on account of her.

Example 4:

Scenario: A group of friends, Amit, Bharat, and Chetan, plan to steal a car. Amit breaks the car window, Bharat disables the alarm, and Chetan drives the car away.

Application: According to Section 3(5) of The Bharatiya Nyaya Sanhita 2023, all three friends are equally liable for the theft of the car because the criminal act was done in furtherance of their common intention. Each of them is liable for the act as if they had done it alone.

Example 5:

Scenario: Priya and Neha agree to poison their colleague, Rohan, by adding small doses of poison to his food over several days. Rohan dies as a result.

Application: According to Section 3(8) of The Bharatiya Nyaya Sanhita 2023, both Priya and Neha are guilty of murder because they intentionally cooperated in the commission of the offence by administering poison according to their agreement. Each of their acts contributed to Rohan's death, making them both guilty of the offence.

Example 6:

Scenario: A jailor, Suresh, intentionally omits to provide food to a prisoner, Vikram, intending to cause his death. Vikram becomes very weak but does not die. Suresh is replaced by another jailor, Ramesh, who also omits to provide food to Vikram, knowing it could cause his death. Vikram eventually dies of hunger.

Application: According to Section 3(8) of The Bharatiya Nyaya Sanhita 2023, Ramesh is guilty of murder because his omission to provide food led to Vikram's death. Suresh, who did not cooperate with Ramesh, is guilty of an attempt to commit murder because his actions contributed to Vikram's weakened state but did not directly cause his death.

Example 7:

Scenario: During a heated argument, Anil attacks Raj with a knife under grave provocation. Suresh, who has a personal grudge against Raj, joins Anil in the attack with the intention to kill Raj. Raj dies from the injuries.

Application: According to Section 3(9) of The Bharatiya Nyaya Sanhita 2023, Anil is guilty of culpable homicide not amounting to murder due to the grave provocation. Suresh, who was not provoked and had the intention to kill, is guilty of murder. Although both were involved in causing Raj's death, they are guilty of different offences.