BNS Section 2 - Definition

Section 2 of the Bharatiya Nyaya Sanhita (BNS) lays the base for the entire code by officially defining essential terms frequently used in the statute. This section serves as a legal glossary, thereby securing clear-cut and consistent interpretations of the law. Basically, it is just a dictionary that tells us the meanings of the words for BNS. Section 2 of the BNS will perform the same role in the BNS that Section 2 of the IPC performed in the Indian Penal Code, providing the essential definitions upon which the rest of the code is built.

Simplified Explanation Of BNS Section 2

BNS Section 2 provides definitions for various terms that are used throughout the BNS. This section is essential because it removes ambiguity and ensures that everyone understands the law in the same way. Key components include definitions related to:

• Act: This can mean a single action or a series of actions, depending on the situation.
• Animal: Any living creature that is not a human being.
• Counterfeit: Making something look like something else with the intention to deceive. It doesn't have to be an exact copy.
• Court: A judge or a group of judges who have the power to make legal decisions.
• Death: The death of a human being, unless it says otherwise.
• Dishonestly: Doing something with the intention of causing an unfair gain for one person or an unfair loss for another person.
• Document: Anything with letters, figures, or marks on it that can be used as evidence. This includes things like contracts, checks, and maps.
• Fraudulently: Doing something with the intention to deceive someone for personal gain.
• Gender: The pronoun "he" can refer to any person, regardless of their gender identity.
• Good faith: Doing something with honesty and due care.
• Government: Either the Central Government or a State Government.
• Harbour: Providing someone with shelter, food, money, or other things to help them avoid being caught.
• Injury: Any harm caused to a person's body, mind, reputation, or property.
• Illegal: Anything that is against the law or that could lead to a lawsuit.
• Judge: A person who has the official power to make legal decisions.
• Life: The life of a human being, unless it says otherwise.
• Local law: A law that applies only to a specific part of India.
• Man: A male human being of any age.
• Mental illness: Has the same definition as in the Mental Healthcare Act, 2017.
• Month and Year: Calculated according to the Gregorian calendar.
• Movable property: Any property that is not land or attached to the land.
• Number: Words that are singular can also include the plural, and vice versa, depending on the context.
• Oath: Includes a solemn affirmation or any declaration made under oath.
• Offence: An act that is punishable by the BNS or any other law.
• Omission: Failing to do something that is required by law.
• Person: Includes individuals, companies, and other groups of people.
• Public: Any group of people or a community.
• Public servant: A wide range of people working for the government, including officers, judges, and anyone with government authority.
• Reason to believe: Having enough evidence to believe something is true.
• Special law: A law that applies to a specific topic.
• Valuable security: A document that creates or transfers a legal right.
• Vessel: Anything made for transporting people or things by water.
• Voluntarily: Doing something intentionally or with the knowledge that it might cause a certain result.
• Will: A legal document that says what will happen to a person's property after they die.
• Woman: A female human being of any age.
• Wrongful gain: Gaining property illegally.
• Wrongful loss: Losing property illegally.

Critical Components Of BNS Section 2

Practical Examples Illustrating BNS Section 2

A few examples on BNS Section 2 are:

• When a magistrate presides over a criminal trial, their authority to make legal judgments is defined by the "Judge" and "Court" definitions.
• When a government employee takes a bribe, their accountability falls under the definition of "public servant."

Key Improvements and Changes: IPC Section 2 To BNS Section 2

The fundamental reason for the definition of terms remains unchanged, while the BNS will incorporate new definitions to reflect the current legal interpretation and social developments. There will be, for example, an enlargement of the scope of what constitutes a public servant, as well as modernization and refinement of language within the definitions. It aims to enhance clarity, looking to strike out obsolete wording. A complete comparative analysis of each definition in the IPC and BNS will have to occur in order to note all changes.

Conclusion

Section 2 of the BNS, which contains clear and precise definitions of vital legal terms, serves as the backbone of the Bharatiya Nyaya Sanhita. This section, like IPC Section 2, posits a common understanding of legal terminology, thus leading to a fairly equitable and transparent system of criminal justice. By defining the meaning of all terms frequently used in the law, this section ensures definite equal and certain interpretation and application of its essence.

FAQs

A few FAQs on BNS Section 2 are:

Q1. Why was IPC Section 2 revised and replaced with BNS Section 2?

The revision aims to modernize the legal framework, adapting it to current societal needs and legal interpretations. It seeks to provide clearer and more relevant definitions.

Q2. What are the main differences between IPC Section 2 and BNS Section 2?

Differences may include updated language, expanded definitions to encompass modern concepts, and adjustments to reflect current legal practices. A full comparison of each definition is needed to list all differences.

Q3. Is BNS Section 2 a bailable or non-bailable offense?

BNS Section 2 is not an offense; it is a section defining terms. Therefore, it is neither bailable nor non-bailable.

Q4. What is the punishment for [offense] under BNS Section 2?

BNS Section 2 does not prescribe punishments. It provides definitions. Punishments are specified in other sections of the BNS based on the specific offense committed.

Q5. What is the fine imposed under BNS Section 2?

BNS Section 2 does not impose fines. Fines are imposed under other sections of the BNS for specific offenses.

Q6. Is the offense under BNS Section 2 cognizable or non-cognizable?

BNS Section 2 does not define offenses; it defines terms. Therefore, it is neither cognizable nor non-cognizable.

Q7. What is the BNS Section 2 equivalent of IPC Section 2?

BNS Section 2 serves the same function as IPC Section 2, providing fundamental definitions for the legal code.