Section 3 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 3 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "General Explanations," provides foundational principles for interpreting the provisions within the Sanhita. It ensures consistency and clarity in the application of criminal law across various sections.
Key Provisions of Section 3
Interpretation Subject to General Exceptions
Every definition of an offense, penal provision, and illustration within the Sanhita is to be understood in light of the exceptions outlined in the "General Exceptions" chapter, even if these exceptions are not explicitly mentioned in each provision. For instance, while the definitions of offenses do not specify that a child under seven years of age cannot commit such offenses, this is implied by the general exception that exempts children under seven from criminal liability.
Uniform Application of Definitions
Any expression explained in one part of the Sanhita is to be used consistently throughout the entire legislation, unless the context requires otherwise.
Possession by Spouse, Clerk, or Servant
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 Sanhita. This includes individuals employed temporarily or on a particular occasion in the capacity of a clerk or servant.
Acts Include Illegal Omissions
Unless the context indicates otherwise, words referring to acts include illegal omissions. This provision ensures that failure to act, when legally required, is treated as an offense.
Liability for Acts Done in Furtherance of Common Intention
When a criminal act is done by several persons in furtherance of the common intention of all, each person is liable for that act as if it were done by them alone. This principle emphasizes collective responsibility in criminal activities.
Liability for Acts Done with Criminal Knowledge or Intention
Whenever an act is criminal only due to the criminal knowledge or intention behind it, each person who joins in the act with such knowledge or intention is liable for the act as if it were done by them alone with that knowledge or intention.
Effect Caused Partly by Act and Partly by Omission
If 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 causing that effect partly by an act and partly by an omission constitutes the same offense. For example, if a person causes another's death partly by illegally omitting to provide food and partly by beating, it is considered the same offense.
Cooperation in the Commission of an Offense
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. This provision underscores the importance of intentional cooperation in criminal activities.
Different Offenses by Different Persons in a Criminal Act
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. For instance, if one person kills another under provocation, constituting culpable homicide, and another assists in the killing with intent to murder, the former may be guilty of culpable homicide and the latter of murder.
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