BNS Section 2 – Essential Legal Definitions & Interpretations

Amit Kapoor04 mins

Section 2 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a critical part of the code, as it provides essential legal definitions and interpretations that form the foundation for understanding and applying the law. This section defines key terms used throughout the BNS, ensuring clarity and consistency in legal proceedings.

BNS Section 2: Essential Legal Definitions & Interpretations

Purpose of Section 2:

  • To define terms and phrases used in the BNS.
  • To provide clarity and avoid ambiguity in legal interpretations.
  • To ensure uniformity in the application of the law across different cases and jurisdictions.

Key Definitions in Section 2:

Below are some of the important terms typically defined in Section 2 (based on the structure of similar codes like the IPC):

  1. Person:
    • Refers to any individual, company, association, or body of persons, whether incorporated or not.
  2. Public Servant:
    • Defines who qualifies as a public servant, including government employees, officials, and individuals performing public duties.
  3. Property:
    • Includes both movable and immovable property, as well as intangible assets like intellectual property.
  4. Offense:
    • Any act or omission made punishable by the BNS.
  5. Good Faith:
    • An act done with due care and attention, without any intention to deceive or cause harm.
  6. Document:
    • Any written, printed, or electronic material that provides information or evidence.
  7. Injury:
    • Any harm caused illegally to a person’s body, mind, reputation, or property.
  8. Fraudulently:
    • Acting with intent to deceive or gain an unfair advantage.
  9. Voluntarily:
    • An action done with free will and intention, without coercion.
  10. Dishonestly:
    • Acting with the intention of causing wrongful gain or loss.

Examples of Definitions in Action:

  • Public Servant: If a government officer accepts a bribe, they can be prosecuted under the BNS because they fall under the definition of a “public servant.”
  • Fraudulently: If someone forges a document to claim property, they act “fraudulently” as defined in Section 2.

Importance of Section 2:

  1. Clarity in Legal Proceedings: By defining terms, Section 2 ensures that judges, lawyers, and law enforcement agencies interpret the law consistently.
  2. Avoids Ambiguity: Clear definitions reduce confusion and disputes over the meaning of terms.
  3. Foundation for Other Sections: The definitions in Section 2 are referenced throughout the BNS, making it a cornerstone of the code.

Example of a Definition:

Public Servant:

“A public servant includes any person in the service or pay of the government or remunerated by the government for the performance of any public duty.”

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