SECTION – 3 (GENERAL EXPLANATIONS AND EXPRESSIONS) OF BNS 2023 ACT

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This article has been written by Astitva Kumar Rao, second year of the BALLB (HONS.) at Dr. B. R. Ambedkar National Law University, Sonipat, Haryana.

Table of Contents

Section 3 of BNS 2023 ACT

CHAPTER – I

PRELIMINARY

“GENERAL EXPLANATIONS AND EXPRESSIONS”

Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration.

Illustrations

The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
A, a police officer, without a warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.
When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita.

Explanation — A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section.

In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
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.
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.
Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

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 as each of them does an act by which the death is caused, they are both guilty of the offence 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.
A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence, Z is much reduced in strength, but starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of 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.

BNS Sections/ Subsections	Subject	IPC Sections	Comparison
3 (1)	General explanations.	6	The section is included as a sub-section in the BNS heading
3 (2)	Sense of the expression once explained.	7	Same
3 (3)	Property in possession of wife, clerk or servant	27	The section is included as a sub-section in the BNS heading. “Wife” is replaced by “Spouse”.
3 (4)	“Words referring to acts include illegal omissions”.	32	The section is included as a sub-section in the BNS heading.
3 (5)	Acts done by several persons in furtherance of common intention.	34	The section is included as a sub-section in the BNS heading. No other change
3 (6)	When such an act is criminal because it is being done with criminal knowledge or intention,	35	Same
3 (7)	The effect is caused partly by act and partly by omission.	36	Same
3 (8)	Co-operation by doing one of several acts constituting an offence.	37	Same
3 (9)	Persons concerned with Criminal acts may be guilty of different offences.	38	Same

OVERVIEW

One major change to India’s legal system is Section 3 of the Bharatiya Nyaya Sanhita (BNS) 2023. Many legal definitions and concepts that are essential for understanding and applying the law are to be clarified and redefined in this part. Section 3 is expected to impact the administration of justice and court processes in various ways due to its all-encompassing approach. The interpretation of the various terminology used in the BNS is explained in general terms in Section 3. No significant modifications were performed while adding the relevant IPC provisions to the BNS. In Section 3, various procedural topics that are essential to the administration of justice are covered. Fair trial protocols, admissibility criteria for evidence, and legal interpretation guidelines are some of these methods.

INTRODUCTION

The BNS offers a thorough explanation of important legal concepts and terminologies. It includes general explanations and definitions that are necessary for understanding the BNS’s more expansive provisions. For legal practitioners and everyone with an interest in the law, this section is essential since it forms the basis for other legal laws and regulations.

IMPORTANCE

Section 3, as it establishes the foundation for all other parts, is crucial to the BNS in its larger context. For the law to be applied consistently, it guarantees clarity and uniformity in legal language. Section 3 makes it easier to comprehend and apply the legal provisions found in the BNS by outlining fundamental ideas and principles. Ensuring that justice is delivered in every situation is vital. Having clear protocols in place helps avoid arbitrary choices and guarantees equitable treatment for all stakeholders. In addition to guaranteeing consistency and dependability in legal outcomes, these procedures offer a framework that attorneys can adhere to.

OBJECTIVES

To guarantee that legal terms and ideas are understood by all parties involved including the public, law enforcement, and legal professionals in a uniform and unambiguous manner. This section seeks to remove the legal system’s longstanding uncertainties and inconsistencies. It does this to advance efficiency, justice, and fairness in court procedures.

SIGNIFICANCE

The general public and legal professionals must comprehend Section 3. It gives legal professionals the groundwork they need to effectively understand and apply the law. It helps the public recognise and uphold their rights and duties and raises legal awareness. It attempts to close the knowledge gap between technical legal jargon and everyday comprehension, making sure that everyone understands the importance of Section 3.

SCOPE AND EXTENT

Section 3 covers a broad variety of legal concepts and ideas that are essential to understanding and implementing the BNS. This part is essential to maintaining consistency and clarity in the law because it applies to all court cases and interpretations within the BNS’s jurisdiction. Its provisions are made to be globally applicable, guaranteeing that everyone involved understands fundamental legal ideas.

EXAMPLES –

It outlines how criminal liability is shared among individuals involved in a crime. This clarity helps in determining the extent of culpability and appropriate legal consequences for each participant.
Definitions related to criminal omissions specify what constitutes a failure to act that can be deemed a criminal offence. This is vital for cases where inaction leads to legal consequences.

CORE PRINCIPLES

The section delineates multiple fundamental tenets that steer the comprehension and implementation of the legislation. Presumption of innocence, mens rea (criminal intent) required for the majority of acts, and individual rights protection are some of these principles. Ensuring justice and fairness in court processes is the goal of these concepts.

SPECIAL CONSIDERATIONS

MENTAL HEALTH, JUVENILE JUSTICE, AND VICTIM PROTECTION

Special provisions about victim protection, juvenile justice, and mental health are included in this section. These clauses guarantee that disadvantaged populations get the assistance and safeguards they require. The section delineates certain procedures for managing matters about individuals with mental health concerns, guaranteeing that they have suitable attention and support.

VULNERABLE GROUPS AND MARGINALIZED COMMUNITIES

The Section has particular safeguards meant to safeguard marginalized populations and vulnerable groups. These clauses guarantee that everyone, irrespective of background, can seek justice and receive equitable treatment under the law. Section 3 advances a fairer legal system by addressing the particular difficulties these groups experience.

CONCLUSION

To ensure that the legislation is applied consistently, Section 3 of the Bharatiya Nyaya Sanhita (BNS) 2023 introduces underlying concepts and precise definitions. Section 3 provides greater legal clarity and equity by updating legal terminology and harmonizing it with international norms. Section 3 provides for fair results in a variety of situations, including property disputes involving agents and evaluating co-perpetrator liability in criminal instances. Encouraging accountability, openness, and equity in the judicial system, improves India’s legal structure.

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