Section 2 of the Bharatiya Nyaya Sanhita (BNS) provides the official definitions of key legal terms used throughout the law. These definitions clarify the interpretation of various legal provisions and ensure consistency in criminal law enforcement.
Key Definitions:
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Act – Refers to both a single act and a series of acts.
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Animal – Includes all living creatures except humans.
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Child – A person below the age of 18 years.
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Counterfeit – Making one thing resemble another to deceive or cause deception.
Even if the imitation is not exact, it is still counterfeiting.
If a person makes something look like another in a way that could deceive, it is presumed to be intentional deception unless proven otherwise.
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Court – A judge or a body of judges acting judicially.
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Death – Refers to the death of a human being, unless otherwise specified.
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Dishonestly – Doing an act with the intention of wrongful gain to one person or wrongful loss to another.
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Document – Any written, printed, or digital record that can be used as evidence.
Includes contracts, cheques, power of attorney, maps, and written instructions.
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Fraudulently – Doing an act with the intent to defraud.
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Gender – The term “he” applies to all genders, including transgender persons (as per the Transgender Persons (Protection of Rights) Act, 2019).
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Good Faith – Any action taken with due care and attention.
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Government – Refers to both the Central and State Governments.
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Harbour – Providing shelter, food, money, weapons, or other assistance to a person to help them evade arrest.
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Injury – Any harm to a person’s body, mind, reputation, or property.
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Illegal – Anything that is an offense, prohibited by law, or a ground for a civil lawsuit.
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Judge – A person authorized to give legal judgments.
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Life – Refers to the life of a human being.
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Local Law – A law that applies only to a specific part of India.
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Man – A male human being of any age.
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Month and Year – As per the Gregorian calendar.
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Movable Property – All property except land and things attached to the earth.
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Number – Singular includes plural, and plural includes singular, unless stated otherwise.
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Oath – Includes any legally recognized affirmation or declaration.
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Offense – Any act punishable under this law.
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Omission – Can refer to a single omission or multiple omissions.
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Person – Includes individuals, companies, and organizations.
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Public – Any community or group of people.
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Public Servant – Includes government officers, judges, police, tax officials, election officers, and those performing public duties.
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Reason to Believe – A person is said to have “reason to believe” something if they have sufficient cause to believe it is true.
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Special Law – A law that applies to a specific subject matter.
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Valuable Security – A document that creates, transfers, or acknowledges a legal right or obligation (e.g., a signed cheque).
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Vessel – Any watercraft used for transporting people or goods.
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Voluntarily – An act is voluntary if the person intended to cause the effect or knew it was likely to happen.
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Will – A testamentary document detailing a person’s wishes for their property after death.
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Woman – A female human being of any age.
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Wrongful Gain – Gaining property through unlawful means.
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Wrongful Loss – Losing property due to unlawful means.
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Gaining or Losing Wrongfully – A person gains wrongfully when they unlawfully acquire or retain property. A person loses wrongfully when they are unlawfully deprived of property.
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Words Not Defined Here – Terms not defined in this Sanhita but defined in the Information Technology Act, 2000, or the Bharatiya Nagarik Suraksha Sanhita, 2023, shall have the meanings assigned in those laws.
How It Protects:
This section ensures clarity and uniformity in the application of laws by defining legal terms precisely. It reduces misinterpretation and ensures fair justice.
Example:
If a person alters a cheque’s amount, it is counterfeiting even if the alteration is minor.
If a business commits fraud, the term “person” ensures that companies can be held accountable.
A digital contract is considered a document and can be used as evidence in court.
