Section 3 of the Bharatiya Nyaya Sanhita (BNS) establishes the fundamental rules for interpreting offenses, liability, and exceptions under this law. It ensures that criminal liability is determined based on intention, cooperation, and exceptions provided in the law.
Key Provisions:
1. Offenses Subject to General Exceptions
- Every offense, penal provision, and illustration in this law is subject to general exceptions, even if not explicitly mentioned in each section.
- Illustration: A child under seven years of age cannot commit an offense, even if the offense definition does not state this explicitly.
2. Consistent Interpretation of Terms
- Any expression defined in one part of the BNS applies throughout the entire law.
3. Possession Includes That of Spouse, Clerk, or Servant
- If a person’s spouse, clerk, or servant holds property on their behalf, the property is considered in their possession.
- Explanation: Even temporary or occasional employees acting as clerks or servants fall under this rule.
4. Illegal Omissions are Equivalent to Acts
- If the law refers to an act, it also includes an illegal omission, unless the context states otherwise.
5. Common Intention in a Crime
- If multiple people commit a criminal act with a shared intent, each is equally liable as if they committed the act alone.
- Illustration: If two people agree to murder someone by poisoning them at different times, both are guilty of murder.
6. Criminal Knowledge or Intention
- If a crime requires criminal intent or knowledge, then all those who participate with the same intent or knowledge are equally guilty.
- Illustration: If two jailors deliberately starve a prisoner, both are guilty of murder.
7. Combination of Act and Omission
- If a crime is committed partly by an act and partly by an omission, it is treated as the same crime.
- Illustration: If a person beats another and also denies them food, leading to death, it is considered murder.
8. Cooperation in a Crime
- If a crime requires multiple acts, then whoever intentionally does any one of those acts is guilty of the entire crime.
- Illustration: If two people poison a person separately, intending to kill them, both are guilty of murder.
9. Different Offenses in the Same Criminal Act
- If multiple people are involved in a crime, they may be guilty of different offenses depending on their intentions.
- Illustration: If A kills someone under grave provocation, he is guilty of culpable homicide, but if B intentionally assists without provocation, B is guilty of murder.
How It Protects:
This section clarifies criminal liability, ensuring fair justice by defining responsibility based on intent, cooperation, and circumstances. It also prevents wrongful punishment by considering legal exceptions.
Example:
- If a police officer arrests a murderer without a warrant, it is not wrongful confinement, as law permits the officer to act.
- If a group of people plans and commits a robbery, each is equally guilty, even if one of them only acted as a lookout.
