What Is BNS Section 3?

Bharatiya Nyaya Sanhita, 2023 - Section 3: General Explanations

(1) Throughout this Sanhita, every definition of an offence, every penal provision, and every illustration of such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions," even if those exceptions are not repeated in the definition, penal provision, or illustration.

Illustrations

• (a) The sections in this Sanhita defining offences do not explicitly state that a child under seven years of age cannot commit such offences. However, the definitions are subject to the general exception that nothing is an offence if done by a child under seven years of age.
• (b) A, a police officer, apprehends Z without a warrant, who has committed murder. A is not guilty of wrongful confinement, as he was bound by law to apprehend Z. This case falls within the general exception that “nothing is an offence which is done by a person who is bound by law to do it.”

(2) Every term explained in any part of this Sanhita is used consistently throughout the Sanhita in accordance with the explanation.

(3) When property is possessed by a person's spouse, clerk, or servant on that person’s behalf, it is considered to be in that person's possession within the meaning of this Sanhita.

Explanation: A person employed temporarily or for a specific occasion as a clerk or servant is also considered a clerk or servant within the meaning of this subsection.

(4) In every part of this Sanhita, unless a contrary intention appears from the context, words referring to acts done also apply to illegal omissions.

(5) When a criminal act is carried out by multiple persons in furtherance of a common intention, each person is liable for that act as if it were done by him alone.

(6) When an act is criminal only due to the criminal knowledge or intention behind it and is done by several persons, each person who joins in the act with such knowledge or intention is liable for the act as if it were done by him alone with that knowledge or intention.

(7) When causing a certain effect or attempting to cause that effect by an act or omission is an offence, it is understood that causing that effect partly by an act and partly by an omission constitutes 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.

(8) When an offence is committed through several acts, anyone who intentionally cooperates in the commission of that offence by performing any one of those acts, either alone or with others, commits the offence.

Illustrations

• (a) A and B agree to murder Z by giving him small doses of poison at different times. Both administer the poison with intent to murder Z. Z dies from the combined effects of the poison. Both A and B are guilty of murder.
• (b) A and B, as joint jailors, have charge of Z, a prisoner, alternately. They both intend to cause Z’s death and fail to provide him with food, leading to his death. Both are guilty of murder.
• (c) A, a jailor, omits to provide Z with food, causing Z to become weak but not causing death. After A is dismissed, B, knowing the omission would likely lead to Z’s death, also omits to provide food. Z dies from hunger. B is guilty of murder, while A is guilty only of an attempt to commit murder.

(9) When several persons are involved in the commission of a criminal act, they may be guilty of different offences arising from that act.

Illustration

• A attacks Z under severe provocation such that killing Z would only be culpable homicide, not murder. B, with the intent to kill Z and without provocation, assists A in killing Z. Despite both causing Z’s death, B is guilty of murder, while A is only guilty of culpable homicide.

Brief Summary

Section 3 of the BNS Sanhita provides general explanations on how definitions and penal provisions should be interpreted. It emphasizes that:

• Definitions are subject to exceptions found in the "General Exceptions" chapter, even if these exceptions are not explicitly mentioned in the definitions or provisions.
• Terms are consistently used throughout the Sanhita as explained.
• Possession includes property held by a spouse, clerk, or servant.
• Acts and omissions are treated similarly unless specified otherwise.
• Multiple persons involved in a crime are held accountable according to their involvement and intent.

Questions and Answers

• What should be considered when interpreting definitions and penal provisions in the Sanhita?
  Interpretations must be subject to exceptions in the "General Exceptions" chapter, even if these exceptions are not explicitly mentioned in the definitions or provisions.
• How is possession defined in relation to property held by a spouse or servant?
  Property possessed by a spouse, clerk, or servant on behalf of a person is considered to be in that person’s possession.
• What is the liability of multiple persons involved in a criminal act?
  Each person involved in a criminal act with a common intention or criminal knowledge is liable as if they acted alone.
• How are acts and omissions treated under the Sanhita?
  Words referring to acts done also extend to illegal omissions unless the context indicates otherwise.
• What is the legal consequence of causing an effect partly by an act and partly by an omission?
  It is treated as the same offence.

Examples

• Example of Liability in Joint Action:
  A and B agree to murder Z. A gives Z poison on one day, and B gives another dose the next day. Both A and B are guilty of murder because they cooperated in the commission of the offence.
• Example of Different Offences:
  A, provoked, attacks Z but only commits culpable homicide. B, with intent to kill and without provocation, assists in the attack. B is guilty of murder, while A is only guilty of culpable homicide.

Summary

Section 3 of the BNS Sanhita clarifies the interpretation of definitions and penal provisions, addressing exceptions, possession, acts versus omissions, and liability in joint criminal actions. It ensures that terms are used consistently and that all participants in a crime are held accountable according to their involvement and intent.