Section 3 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 3 of the Bharatiya Nyaya Sanhita (BNS), 2023, which provides general explanations for interpreting the provisions of the law:
🧾 Section 3: General Explanations
(1) Application of General Exceptions:
Interpretation of Offenses: Every definition of an offense, penal provision, and illustration in the BNS is to be understood subject to the exceptions contained in the chapter entitled "General Exceptions," even if those exceptions are not explicitly stated in the definition, penal provision, or illustration.
Illustrations:
The sections defining offenses do not express that a child under seven years of age cannot commit such offenses; however, the definitions are to be understood subject to the general exception that provides that nothing is an offense which is done by a child under seven years of age.
A police officer, without a warrant, apprehends a person who has committed murder. Here, the police officer is not guilty of the offense of wrongful confinement, as he was bound by law to apprehend the person, and therefore, the case falls within the general exception that exempts acts done by a person who is bound by law to do them.
(2) Consistency of Definitions:
Uniform Application: Every expression explained in any part of the BNS is used consistently throughout the law in conformity with the explanation provided.
(3) Possession of Property:
Extended Definition of Possession: When property is in the possession of a person's spouse, clerk, or servant on account of that person, it is considered to be in that person's possession within the meaning of the BNS
Explanation: A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is considered a clerk or servant within the meaning of this sub-section.
(4) Acts and Omissions:
Inclusion of Omissions: In every part of the BNS, except where a contrary intention appears from the context, words referring to acts done extend also to illegal omissions
(5) Common Intention:
Joint Liability: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone
(6) Criminal Knowledge or Intention:
Liability Based on Knowledge or Intention: Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
(7) Acts and Omissions Combined:
Unified Offense: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offense, it is to be understood that the causing of that effect partly by an act and partly by an omission constitutes the same offense.
Illustration: A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
(8) Cooperation in Offenses:
Joint Commission of Offenses: When an offense is committed by means of several acts, whoever intentionally cooperates in the commission of that offense by doing any one of those acts, either singly or jointly with any other person, commits that offense.
Illustrations:
A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here, A and B intentionally cooperate in the commission of murder, and each is guilty of the offense, though their acts are separate.
A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z
(9) Different Offenses from Same Act:
Differentiated Liability: Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offenses arising from that act
Illustration: A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.
📌 Summary
Section 3 of the BNS, 2023 provides foundational principles for interpreting the law. It emphasizes the importance of considering general exceptions, maintaining consistency in definitions, and understanding the nuances of possession, acts, omissions, and joint liability. These explanations ensure a coherent application of the law across various provisions and scenarios.
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