BNS Section 3 - General Explanations

The Bharatiya Nyaya Sanhita (BNS) that replaces the Indian Penal Code (IPC) seeks to modernize and rationalize India's criminal law. Section 3 of the BNS is central in outlining the basic principles on which the meanings of definitions of offences, penal provisions, and illustrations are to be understood and applied across the Sanhita. By and large, it formulates the rules of interpretation, promoting consistency and clarity in how criminal liability is determined. In plain language, this section is like a rulebook to the rest of the BNS, instructing us how to read and interpret the laws contained therein. It is the IPC Section 3 equivalent of BNS Section 3, and it performs the same function.

The importance of this section is that it can avoid misunderstandings and provide for even application of the law. Without a section like this, definitions and provisions might be applied unevenly, and thus unjustly.

Simplified Explanation Of BNS Section 3

Section 3 of the BNS states:

General Exceptions Apply

Every definition of an offence, every penal provision, and every illustration in the BNS is subject to the "General Exceptions" chapter, even if those exceptions are not explicitly mentioned. This means that defenses like infancy, insanity, or acts done under legal compulsion can still apply, even if the specific offence doesn't mention them.

Example: If a section defines "theft" without mentioning a child under seven, it doesn't mean a child that age can be convicted. The "General Exceptions" chapter, which states that a child under seven cannot commit an offence, will still apply.

Consistent Definitions

The definition of terms in any section of the BNS should be applied consistently in the Sanhita.

Possession

Possession means property held by a spouse, clerk, or servant for a person should be considered belonging to that person.

Acts and Omissions

Words referring to "acts" always include "illegal omissions" except where the opposite clearly applies. For instance, failing to give food when one ought to do, is to be counted as an "act" of causing damage.

Common Intention

Every person has to be liable for the criminal act done in common with some others. Failure of any of the common intention will not absolve the criminality of the act.

Criminal Knowledge Or Intention

If that act is punishable only due to the criminal knowledge or intention underlying it, all concerned will then, unless shown to the contrary, share equal liability.

Partial Acts And Omissions

To cause an effect partly by an act and partly by an omission is to commit the same offence as to cause it wholly by an act or omission.
Example: Purposely causing death through withholding food and physical injury is murder.

Aiding offences

Whoever with the intent to commit an offence assists in any way, either by acting alone or together with others, in the doing of the act is guilty of the offence.
Example: Two people agree to poison someone, administering doses at different times. Both are guilty of murder.

Various offences From A Single Act

Various individuals taking part in a criminal act can be guilty of different offences based on the nature of their respective intentions and actions.
Example: A person, in the face of grave provocation, commits culpable homicide, while another individual, with malicious intent, commits murder, although they both committed the same offence.

Section 3 Of BNS: Key Details

Practical Examples Illustrating BNS Section 3

Example 1 (General Exceptions)

An individual suffering from a serious mental illness, as described in the "General Exceptions" chapter, does something that would otherwise be theft. Although the definition of theft does not include mental illness, the individual cannot be convicted due to the general exception.

Example 2 (Common Intention)

A team of individuals decide to rob a bank. Even though each individual does a different act during the robbery, they are all liable equally for the robbery as they shared a common intention.

Key Improvements And Changes: IPC Section 3 To BNS Section 3

Although the fundamental principle of Section 3 remains the same for both the IPC and BNS, the BNS prefers more lucid language and improved structure. The BNS tries to bring about more clarity by its revised definitions. The guiding principles are identical.

• Modernization of Language: The BNS tries to employ more modern and clear language, so the law is more understandable.
• Enhanced Structure: The general structure of the BNS, including Section 3, is made more logical and easier to use.

Conclusion

BNS Section 3 is an important provision that gives us the guidelines on interpreting and applying criminal law. It maintains consistency, equality, and clarity in the administration of justice. If we have knowledge of the principles in this section, we are able to understand the nuances of criminal liability and the legal regime surrounding it.

FAQs

A few FAQs based on Section 3 of BNS are:

Q1. Why was IPC Section 3 revised and replaced with BNS Section 3?

The IPC was a colonial-era law, and the BNS aims to modernize and indigenize the criminal justice system. The revision seeks to address contemporary challenges, simplify language, and improve clarity.

Q2. What are the main differences between IPC Section 3 and BNS Section 3?

The core principles remain the same. The primary difference lies in the updated language and potentially improved structuring for greater clarity.

Q3. Is BNS Section 3 a bailable or non-bailable offence?

BNS Section 3 itself does not define an offence. It is a definitional section. Therefore, it is neither bailable nor non-bailable. The bailability of an offence is determined by the specific offence defined in other sections of the BNS.

Q4. What is the punishment for [offence] under BNS Section 3?

BNS Section 3 does not prescribe punishments. It provides the rules for interpreting offences and punishments defined in other sections. To find the punishment for a specific offence, you must refer to the relevant section that defines that offence.

Q5. What is the fine imposed under BNS Section 3?

Similar to punishment, fines are prescribed in the specific sections defining offences, not in Section 3.

Q6. Is the offence under BNS Section 3 cognizable or non-cognizable?

BNS Section 3 does not define an offence. The cognizable or non-cognizable nature of an offence is determined by the specific offence defined in other sections of the BNS.

Q7. What is the BNS Section 3 equivalent of IPC Section 3?

BNS section 3 is the direct equivalent of IPC section 3. They both serve the same function of defining the principles of interpretation for the respective codes.