Section 2 BNS: Definitions
Bharatiya Nyaya Sanhita, 2023
Section 2 BNS at a Glance
Section 2 BNS deals with definitions. It replaced Sections 33, 10, 47, 28, 20, 46, 24, 29, 25, 8, 52, 17, 52A, 44, 43, 19, 45, 42, 49, 22, 9, 51, 40, 11, 12, 21, 26, 41, 30, 48, 39 and 31 IPC on 1 July 2024.
None. Sections 2(1) and 2(25) BNS create no offence.
Section 2 BNS Bare Act Text
(1) “act” denotes as well a series of acts as a single act;
(25) “omission” denotes as well as a series of omissions as a single omission;
(19) “man” means male human being of any age;
(35) “woman” means a female human being of any age;
(2) “animal” means any living creature, other than a human being;
(4) “counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1.It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;
(6) “death” means the death of a human being unless the contrary appears from the context;
(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person;
(8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.Illustration.Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature;
(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;
“gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.
Explanation.– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;
“Government” means the Central Government or a State Government;
(13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension;
(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property;
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit;
(16) “Judge” means a person who is officially designated as a Judge and includes a person,—
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
Illustration.A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(17) “life” means the life of a human being, unless the contrary appears from the context;
(18) “local law” means a law applicable only to a particular part of India;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
“number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
(25) “omission” denotes as well as a series of omissions as a single omission.
“person” includes any company or association or body of persons, whether incorporated or not;
(27) “public” includes any class of the public or any community.
(28) “public servant” means a person falling under any of the descriptions, namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
Explanation.(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant;
(c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under any law for the time being in force.
Illustration.A Municipal Commissioner is a public servant;
(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise;
(30) “special law” means a law applicable to a particular subject;
(31) “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration.A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”;
(32) “vessel” means anything made for the conveyance by water of human beings or of property;
(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration.A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;
(34) “will” means any testamentary document;
(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property;
(39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Source: Section 2, Bharatiya Nyaya Sanhita, 2023
Section 2 BNS in the IPC (Previous Law)
FAQs on Section 2 BNS
What do "act" and "omission" mean under Sections 2(1) and 2(25) of the Bharatiya Nyaya Sanhita?▼
Under Section 2(1) BNS, "act" denotes a series of acts as well as a single act. Under Section 2(25) BNS, "omission" denotes a series of omissions as well as a single omission.
Under Sections 2(1) and 2(25) BNS, are repeated connected acts or failures to act treated together?▼
Yes. Sections 2(1) and 2(25) BNS make clear that a series of acts counts as an act and a series of omissions counts as an omission, unless the context requires otherwise.
Under Sections 2(1) and 2(25) BNS, why does the Bharatiya Nyaya Sanhita define "act" and "omission" in two separate clauses?▼
Section 2 BNS arranges definitions in alphabetical order, so "act" is placed in Section 2(1) BNS and "omission" is placed in Section 2(25) BNS. Both apply throughout the Sanhita unless the context requires otherwise.
Do Sections 2(1) and 2(25) BNS prescribe any punishment?▼
No. Sections 2(1) and 2(25) BNS are definition clauses and do not prescribe any punishment. Punishment depends on the specific offence section where the word "act" or "omission" is used.
What do Section 2(19) and Section 2(35) of the Bharatiya Nyaya Sanhita define?▼
Section 2(19) BNS defines 'man' as a male human being of any age, and Section 2(35) BNS defines 'woman' as a female human being of any age. These clauses provide definitions only and do not create any offence by themselves.
Under Sections 2(19) and 2(35) BNS, do the words 'man' and 'woman' in the BNS include children below eighteen years of age?▼
Yes. Because both definitions explicitly apply to a male or female human being 'of any age', a boy is covered by the word 'man' under Section 2(19) BNS and a girl or infant is covered by the word 'woman' under Section 2(35) BNS unless the specific offence provision states otherwise.
Why are the definitions in Section 2(19) and Section 2(35) BNS important in criminal cases?▼
Many offences in the BNS use the words 'man' or 'woman' without specifying an age. These definitions make clear that the protection or liability under such provisions applies regardless of whether the person is an adult or a minor.
Do Section 2(19) and Section 2(35) BNS themselves prescribe any punishment?▼
No. Section 2(19) and Section 2(35) BNS are definition provisions and do not prescribe any punishment. Punishment depends on the specific offence section where these terms are used.
Does Section 2(2) BNS punish cruelty to animals?▼
No. Section 2(2) BNS only defines the word "animal" for the BNS. The actual offences and penalties come from other provisions of law, such as mischief or cruelty-related provisions under the BNS or special statutes.
Why is the definition in Section 2(2) BNS useful in criminal cases?▼
It gives a uniform legal meaning to the word "animal" wherever it is used in the BNS, unless the context requires otherwise. This helps courts and police apply offences involving animals consistently.
Under Section 2(2) BNS, does "animal" include birds, fish, or pets?▼
Yes, if they are living creatures and not human beings, they fall within this broad definition. The term is meant to be wide, so it is not limited to pets or farm animals.
Is there any punishment under Section 2(2) BNS?▼
No. This section is only a definition clause. Punishment, bail, and cognisability depend on the specific offence charged under another provision.
Does Section 2(4) BNS punish counterfeiting by itself?▼
No. Section 2(4) BNS only defines what counterfeit means. The actual punishment comes from the specific offence provision that uses this definition, such as provisions relating to counterfeit currency, coins, stamps, seals, or property marks.
Under Section 2(4) BNS, is every copy or imitation treated as counterfeit?▼
No, not every copy is counterfeit. The key requirement is intending by means of the resemblance to practise deception, or knowing that deception is likely to be practised. A harmless resemblance without intention or likelihood of deception is not enough.
Why is the definition in Section 2(4) BNS important under the BNS?▼
Because several offences in the BNS turn on the word counterfeit, and Section 2(4) BNS supplies both the legal meaning and the presumption that apply to those offences.
How does Section 2(4) BNS affect court cases?▼
Courts use this definition to decide whether the accused’s conduct meets the legal meaning of counterfeit. If that basic definition is not satisfied, related charges may fail as well.
What does "Court" mean under Section 2(5) of the Bharatiya Nyaya Sanhita?▼
Under Section 2(5) BNS, "Court" means a Judge who is legally empowered to act judicially alone, or a body of Judges empowered by law to act judicially as a body, when they are acting judicially. So the definition focuses on legal power and the fact that the Judge or Judges must be acting in a judicial capacity.
Does every judge or authority count as a "Court" under Section 2(5) BNS?▼
No. Section 2(5) BNS says it is a Court only when the Judge or body of Judges is empowered by law to act judicially, and is actually acting judicially. So the definition does not automatically cover every authority or officer.
What punishment is given in Section 2(5) of the Bharatiya Nyaya Sanhita?▼
Section 2(5) BNS does not prescribe any punishment. It only gives the legal definition of the word "Court" for use in the Sanhita.
Why does the definition of "Court" in Section 2(5) BNS matter in a criminal case?▼
It matters because many provisions in the Bharatiya Nyaya Sanhita use legal terms that must be read in the defined sense. Section 2(5) BNS helps decide whether a Judge or body of Judges is being treated as a "Court" when acting judicially.
Does Section 2(6) BNS create a criminal offence?▼
No. It only defines the word "death" for use in the BNS. By itself, it does not punish anyone.
Why is the definition in Section 2(6) BNS important in criminal cases?▼
Courts use it while reading offences that mention death. It helps decide whether a particular act falls within a penal provision and how the charge should be framed.
How does Section 2(6) BNS apply under the Bharatiya Nyaya Sanhita?▼
Section 2(6) BNS states that the word "death" means the death of a human being, unless the contrary appears from the context. This meaning applies wherever the word "death" is used across the Bharatiya Nyaya Sanhita, 2023.
Can Section 2(6) BNS be used in cases involving unborn children?▼
Not directly. Its wording speaks of the death of a human being, so the exact legal issue depends on the specific offence and the context of the provision being applied.
Does Section 2(7) BNS itself punish anyone?▼
No. Section 2(7) BNS only defines what dishonest conduct means in law. Punishment comes from the specific offence that uses this definition, such as theft, cheating, or criminal breach of trust.
Under Section 2(7) BNS, how do courts decide if someone acted dishonestly?▼
Courts look at the intention behind the act and the surrounding facts. If the person meant to cause wrongful gain or wrongful loss, dishonesty can be proved even if the act looked innocent on the surface.
Under Section 2(7) BNS, is a simple mistake treated as dishonesty?▼
Usually not. A genuine mistake, confusion over ownership, or an honest claim of right may defeat the allegation of dishonesty. The prosecution must show a wrongful intention, not just a bad outcome.
Why is the definition in Section 2(7) BNS so widely used?▼
Because many property and fraud-related offences under the BNS depend on dishonest intention. Without this definition, it would be harder to apply those offences in a consistent way.
What counts as a document under Section 2(8) of the BNS?▼
Section 2(8) BNS says a document means any matter expressed or described on any substance by letters, figures or marks, meant to be used, or capable of being used, as evidence of that matter. It does not matter how it is made, on what material it appears, or whether it is meant for use in a Court. The illustrations specifically include a contract writing, cheque, power of attorney, map or plan, and written directions or instructions.
Under Section 2(8) BNS, is a cheque, map, signed endorsement or written instructions treated as a document in law?▼
Yes. The bare text itself gives examples that a cheque, a map or plan used as evidence, and a writing containing directions or instructions are documents. It also says an endorsement on the back of a bill of exchange is a document if, by mercantile usage, it carries a meaning such as payment to the holder.
What has to be shown to say something is a document under Section 2(8) BNS?▼
The main thing is that some matter must be expressed or described by letters, figures or marks on a substance, and it must be intended to be used, or be capable of being used, as evidence of that matter. The section also says the exact method or material does not matter. Even a meaning understood by trade or other usage can count as being expressed under this definition.
Does Section 2(8) BNS give any punishment for a false or disputed document?▼
No. Section 2(8) BNS only gives the definition of "document" and does not prescribe any punishment. If there is an allegation about a false, forged, or disputed document, punishment would depend on the specific offence provision applied, not this definition section.
Does Section 2(9) BNS punish fraud?▼
No. Section 2(9) BNS only defines the word "fraudulently". It helps courts decide whether a person acted with fraudulent intention under other offence provisions. The punishment, if any, comes from the main offence section.
Under Section 2(9) BNS, what is the difference between dishonest and fraudulent?▼
Both involve wrongful intention, but fraudulent conduct requires the intention to defraud. Dishonesty under Section 2(7) BNS focuses on intention to cause wrongful gain or wrongful loss, while fraud centres on deceit.
Under Section 2(9) BNS, do I need actual loss for an act to be fraudulent?▼
Not always. If the person acted with the intention to defraud, the law may treat the act as fraudulent even if the other side did not suffer an actual loss. The court will look closely at intention and conduct.
Why is the definition in Section 2(9) BNS important under the BNS?▼
Because many criminal offences in the BNS depend on the meaning of fraudulent conduct. Courts and lawyers use Section 2(9) BNS when analysing cheating, forgery, and related offences.
What does Section 2(10) of the Bharatiya Nyaya Sanhita say about gender and the word "he"?▼
Section 2(10) BNS states that the pronoun "he" and its derivatives are used of any person, whether male, female, or transgender. Its Explanation adds that "transgender" has the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
Does Section 2(10) of the Bharatiya Nyaya Sanhita only define a term, or does it also give punishment?▼
Section 2 BNS is a definitions section. Section 2(10) BNS only explains how the pronoun "he" and its derivatives apply across the Sanhita, and prescribes no punishment.
How does Section 2(10) BNS define "transgender"?▼
The Explanation to Section 2(10) BNS states that "transgender" has the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
Under Section 2(10) BNS, if a provision mentions "he" in the Bharatiya Nyaya Sanhita, does it apply only to men?▼
No. Under Section 2(10) BNS, wherever a provision in the Bharatiya Nyaya Sanhita uses the pronoun "he" or its derivatives, it applies to any person, whether male, female, or transgender, unless the context requires otherwise.
Under Section 2(11) BNS, does good faith mean only honest intention?▼
No. Honest intention alone is not enough under this section. The person must also act with due care and attention.
Why is Section 2(11) BNS important in court cases?▼
It helps the court decide whether a person’s conduct was genuinely careful or merely claimed to be honest. This can affect liability, defences, and the interpretation of other legal provisions.
Under Section 2(11) BNS, can a careless act ever be treated as done in good faith?▼
Usually not. If there was no proper care or attention, the law will not treat the act as done in good faith, even if the person says they meant well.
Is Section 2(11) BNS itself an offence?▼
No, it is not an offence. It is a definition used to understand other parts of the law where good faith matters.
Does Section 2(12) BNS punish anyone?▼
No. Section 2(12) BNS only explains what the word 'Government' means in the BNS. It does not create a crime and does not carry any punishment.
Why is the definition in Section 2(12) BNS important in criminal cases?▼
Many BNS offences refer to the Government in some way. This definition helps decide whether the Central Government or a State Government is meant in a particular case.
What does 'Government' cover under Section 2(12) BNS?▼
Yes. Section 2(12) of the Bharatiya Nyaya Sanhita (BNS), 2023 is in force and defines 'Government' to mean the Central Government or a State Government throughout the Sanhita.
Under Section 2(12) BNS, can a case fail if the wrong Government is mentioned?▼
It can affect the case if the wrong authority is identified and that mistake changes the legal basis of the allegation. Courts usually look at the substance of the facts and the exact provision involved.
What does Section 2(13) of the Bharatiya Nyaya Sanhita cover?▼
Section 2(13) BNS defines the word 'harbour' for the Sanhita. It includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or a means of conveyance, or assisting a person by any means to evade apprehension.
Is 'harbour' under Section 2(13) BNS limited only to giving shelter or food?▼
No. Apart from the listed items such as shelter, food, drink, money, clothes, arms, ammunition, and means of conveyance, the definition covers assisting a person by any means, whether of the same kind as those listed or not, to evade apprehension.
When does helping someone count as 'harbour' under Section 2(13) BNS?▼
Supplying items or assistance counts as harbouring under Section 2(13) BNS when it is done to help a person evade apprehension.
Does Section 2(13) BNS itself prescribe any punishment for harbouring?▼
No. Section 2(13) BNS is a definitions provision and does not prescribe any punishment by itself. Punishment depends on the specific offence section where the word 'harbour' is used, such as Section 249 BNS.
Is Section 2(14) BNS a punishment section?▼
No. It does not punish anyone by itself. It only explains what counts as injury in criminal law, so other sections can be applied correctly.
Under Section 2(14) BNS, does injury mean only bodily harm?▼
No. The definition is wider than physical hurt. It also includes harm to mind, reputation, and property if the harm is caused illegally.
Why is the definition in Section 2(14) BNS used so often in criminal cases?▼
Because many offences depend on whether a person has suffered legally recognised harm. Courts use this meaning while reading sections on assault, threats, defamation, and property offences.
What is the definition of injury under Section 2(14) BNS?▼
Under Section 2(14) of the Bharatiya Nyaya Sanhita (BNS), 2023, injury means any harm whatever illegally caused to any person in body, mind, reputation, or property.
Does Section 2(15) BNS create any offence by itself?▼
No. It is a definition clause, not a penal provision. It explains what is illegal and when a person is under a legal duty, and those meanings are used in other sections of the BNS.
What does "legally bound to do" mean under Section 2(15) BNS?▼
A person is legally bound to do whatever it is illegal in him to omit. Under Section 2(15) BNS, 'illegal' applies to everything that is an offence, is prohibited by law, or furnishes ground for a civil action.
Why is Section 2(15) BNS still relevant in criminal cases?▼
Many offences depend on whether an act was illegal or whether a person had a legal duty to act. This section helps courts decide that question clearly, especially where omission or non-compliance is alleged.
Has Section 2(15) BNS changed under the new criminal law?▼
The wording and substance have been carried forward into Section 2(15) BNS as a definition provision. The legal meaning remains the same, though the numbering has changed.
What does Section 2(16) of the Bharatiya Nyaya Sanhita actually cover?▼
Section 2(16) BNS defines who is a 'Judge' for the purposes of the Sanhita. It covers anyone officially designated as a Judge as well as any person, or member of a body of persons, empowered by law to give a definitive judgment in a civil or criminal legal proceeding.
Can someone not officially called a Judge still be a 'Judge' under Section 2(16) BNS?▼
Yes, if that person is empowered by law in a civil or criminal proceeding to give a definitive judgment, or a judgment that is definitive unless appealed against or when confirmed by another authority, or is part of a body empowered to give such a judgment.
Is a Magistrate treated as a 'Judge' under Section 2(16) BNS?▼
Yes. As the illustration to Section 2(16) BNS states, a Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.
Does Section 2(16) BNS itself give any punishment?▼
No. Section 2(16) BNS only defines the term 'Judge' and does not itself prescribe any punishment.
Does Section 2(17) BNS punish anyone?▼
No. Section 2(17) BNS is only a definition clause. It explains what the word "life" means when used in the BNS, unless the context requires a different meaning.
Why is the definition in Section 2(17) BNS needed in criminal law?▼
Words in criminal statutes must be read carefully. This section avoids doubt and helps courts apply other provisions that use the term "life" in a clear and uniform way.
What is the present law position of Section 2(17) BNS?▼
Under Section 2(17) of the Bharatiya Nyaya Sanhita (BNS), 2023, the word "life" means the life of a human being, unless the contrary appears from the context.
Can Section 2(17) BNS affect a criminal case directly?▼
Yes, but only through interpretation. It does not itself form the basis of an FIR or charge, but it can help decide how another provision should be understood.
Is Section 2(18) BNS an offence?▼
No. Section 2(18) BNS is only a definition provision. It explains the meaning of "local law" for use in other parts of the BNS.
Why does the definition in Section 2(18) BNS matter in practice?▼
Courts use it to decide whether a particular law applicable to a specific part of India fits within the BNS's wording. This can affect how other offences or exceptions are applied in a case.
Does Section 2(18) BNS have any punishment?▼
No punishment is attached to this section. Since it is not an offence section, there is no imprisonment, fine, or trial classification for it.
What counts as a local law under Section 2(18) BNS?▼
Under Section 2(18) of the Bharatiya Nyaya Sanhita (BNS), 2023, a "local law" means a law applicable only to a particular part of India.
Does Section 2(20) BNS punish anyone?▼
No. Section 2(20) BNS is not an offence section. It only defines how the words "month" and "year" are to be reckoned in the Sanhita.
Why is Section 2(20) BNS useful in criminal cases?▼
It helps courts and lawyers calculate time correctly. This can affect sentence periods, limitation issues, notice periods, and other deadlines measured in months or years.
Does a month mean 30 days under Section 2(20) BNS?▼
No. A month means a calendar month according to the Gregorian calendar, not a fixed 30-day period. The exact length depends on the calendar month involved.
Has Section 2(20) BNS changed under the new criminal law?▼
Section 2(20) of the Bharatiya Nyaya Sanhita (BNS), 2023 carries the rule forward and specifies that a month or a year is to be reckoned according to the Gregorian calendar.
What does movable property mean under Section 2(21) BNS?▼
It means property of every description, except land and anything attached to the earth, or permanently fastened to something attached to the earth. So, a car is movable property, but a building is not.
Why is the definition in Section 2(21) BNS legally important?▼
Many offences under criminal law involve movable property. Courts use this definition to decide whether an item can be the subject of theft, misappropriation, or similar offences. Without this classification, the wrong offence may be applied.
Does Section 2(21) BNS punish anyone?▼
No. Section 2(21) BNS is only a definition section. It does not prescribe imprisonment, fine, or any criminal liability by itself.
What replaced Section 22 IPC in the BNS?▼
The definition appears in Section 2(21) BNS of the Bharatiya Nyaya Sanhita, 2023, and covers property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth.
Does Section 2(22) BNS create any offence?▼
No. Section 2(22) BNS does not create an offence or prescribe any punishment. It only tells us how to read words in the BNS when a singular or plural term is used.
Why is Section 2(22) BNS useful in criminal cases?▼
It prevents arguments based only on grammar. If a provision uses a singular word, the court can still read it as covering more than one person or thing when the context allows it.
Can Section 2(22) BNS be used in every BNS provision?▼
It can be applied wherever the wording and context support it. If a provision clearly means only one person or one act, the section will not override that meaning.
What replaced Section 9 IPC in the BNS?▼
This interpretative rule is set out in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 2(22) BNS. The substance remains the same, so the established understanding of this rule continues to apply when reading the Sanhita.
Does Section 2(23) BNS create any offence?▼
No. It only defines what the word "oath" means in the Code. It is used to interpret other provisions, not to punish anyone.
Under Section 2(23) BNS, is a solemn affirmation the same as an oath?▼
Yes, for legal purposes where the law allows affirmation instead of oath. The law treats both as valid forms of making a solemn legal statement.
Why was the definition in Section 2(23) BNS needed?▼
Because not all persons are required to swear religiously. Some may make a solemn affirmation based on law or personal belief, and the legal system must recognise that equally.
What declarations are covered under Section 2(23) BNS?▼
Along with a solemn affirmation substituted by law for an oath, Section 2(23) BNS covers any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not.
Does Section 2(24) BNS create a criminal offence?▼
No. Section 2(24) BNS only explains what the word “offence” means in the BNS. It is a definition section, so it does not by itself punish anyone.
Why is Section 2(24) BNS important in criminal cases?▼
It helps courts and lawyers decide whether a particular act falls within the criminal law framework. This is useful when reading other BNS sections that use the word offence.
Can Section 2(24) BNS be used to get a person arrested?▼
No, not by itself. Arrest, if any, depends on the actual offence alleged under a substantive law and the relevant procedure.
When does 'offence' under Section 2(24) BNS include acts under special or local laws?▼
Under sub-clause (a) of Section 2(24) BNS, the word “offence” includes things punishable under any special or local law in Chapter III and in a listed set of BNS sections. Under sub-clause (b), it includes acts under a special or local law in another listed set of sections when those acts are punishable with imprisonment for six months or more.
What does Section 2(25) BNS define?▼
Section 2(25) BNS defines the word 'omission' for the Bharatiya Nyaya Sanhita, 2023. It states that 'omission' denotes a series of omissions as well as a single omission, unless the context requires otherwise.
Under Section 2(25) BNS, why does the law treat a series of omissions in the same way as a single omission?▼
In many cases, harm or a breach of legal duty happens through repeated failures to act over time, such as failing to feed a dependent day after day, rather than a single failure. Section 2(25) BNS allows courts to treat the whole series of failures as an omission.
How is Section 2(25) BNS related to the definition of 'act' in Section 2(1) BNS?▼
Section 2(1) BNS defines 'act' to include a series of acts as well as a single act, while Section 2(25) BNS gives the matching rule for 'omission' so that it includes a series of omissions as well as a single omission.
Does Section 2(25) BNS create an offence or prescribe any punishment?▼
No. Section 2(25) BNS is only a definition clause. Whether an omission is punishable depends on the specific offence provision in the Sanhita and whether there was an illegal omission of a legal duty.
Does Section 2(26) BNS punish anyone?▼
No. Section 2(26) BNS is only a definition section. It explains who can be treated as a "person" for the purposes of the BNS, but it does not create any offence or punishment.
Can a company be a person under Section 2(26) BNS?▼
Yes. A company can be treated as a person under Section 2(26) BNS. The same applies to associations and bodies of persons, even if they are not formally incorporated.
Why is the definition in Section 2(26) BNS important in criminal cases?▼
It helps courts decide whether a complaint or charge can be made against an individual or an organisation. This is especially useful in cases involving company-level wrongdoing or offences committed through a business entity.
How is the definition in Section 2(26) BNS set out in the Bharatiya Nyaya Sanhita, 2023?▼
The definition appears in Section 2(26) BNS of the Bharatiya Nyaya Sanhita (BNS), 2023. It provides that the word "person" includes any company or association or body of persons, whether incorporated or not.
What does Section 2(27) of the Bharatiya Nyaya Sanhita define?▼
Section 2(27) BNS defines the word 'public' for the Bharatiya Nyaya Sanhita, 2023. It states that 'public' includes any class of the public or any community.
Does 'public' under Section 2(27) BNS cover a particular community or locality?▼
Yes. Because Section 2(27) BNS states that 'public' includes any class of the public or any community, an act need not affect the entire population of a city or country to count as affecting the public.
How is Section 2(27) BNS used when reading other provisions of the Sanhita?▼
Courts use Section 2(27) BNS when interpreting offences that involve harm, annoyance, danger, or mischief directed at the public, so that groups such as residents of a neighbourhood or members of a community are protected.
Does Section 2(27) BNS itself prescribe any punishment?▼
No. Section 2(27) BNS is only a definition clause. Any punishment depends on the substantive offence provision in the Sanhita that uses the word 'public'.
Does Section 2(28) BNS punish a public servant?▼
No. Section 2(28) BNS only defines who is a public servant for the purpose of the BNS. Punishment comes from other sections that use this definition, such as offences relating to corruption, disobedience of law, or misuse of office.
Under Section 2(28) BNS, why does the definition of public servant matter in a criminal case?▼
It matters because many offences depend on the accused or the victim having that legal status. Courts also rely on it for issues like sanction for prosecution and deciding whether special duties were involved.
Under Section 2(28) BNS, is every government employee a public servant?▼
Yes. Under clause (k) of Section 2(28) BNS, every person in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty by the Government, is a public servant. It also covers every person in the service or pay of a local authority, a corporation established by or under a Central or State Act, or a Government company, and Explanation (a) makes clear that persons falling under the clause are public servants whether appointed by the Government or not.
What is the current law for Section 2(28) BNS?▼
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the definition is set out in Section 2(28) BNS, which lists the categories of public servants in clauses (a) to (k) along with an Explanation and Illustration.
Does Section 2(29) BNS itself punish anyone?▼
No. Section 2(29) BNS is only a definition section. It explains the meaning of the phrase "reason to believe" when that phrase is used in other offences or legal provisions.
Under Section 2(29) BNS, is 'reason to believe' the same as actual knowledge?▼
Not exactly. Actual knowledge is stronger, while reason to believe means there were enough facts or circumstances for a reasonable person to believe the fact in question. Courts often treat it as a middle ground between suspicion and certainty.
Why is the definition in Section 2(29) BNS important in criminal cases?▼
Many offences depend on what the accused knew or ought reasonably to have believed. This section helps courts decide whether the accused had the required mental state based on surrounding facts, conduct, and circumstances.
Has Section 2(29) BNS changed under the new criminal law?▼
The concept remains the same, and it now appears in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 2(29) BNS. The wording of the definition has been carried forward without change.
What does special law mean in Section 2(30) BNS?▼
It means a law applicable to a particular subject, instead of the general criminal law. For example, laws dealing with narcotics, corruption, or child protection are special laws. Courts use this definition when deciding which law applies.
Does Section 2(30) BNS punish anyone?▼
No. Section 2(30) BNS is only a definition clause. It does not create an offence, and it does not prescribe any sentence, fine, or procedure.
Why is the definition in Section 2(30) BNS useful in real cases?▼
It helps determine whether a special statute will override the general criminal law. This can affect investigation powers, bail, trial procedure, and the final punishment. In practice, that can change the entire case strategy.
Has Section 2(30) BNS been replaced?▼
No. Section 2(30) BNS is the current provision in the Bharatiya Nyaya Sanhita (BNS), 2023. It carries the definition of a special law into the definitions section of the Sanhita with the same legal meaning.
What is meant by valuable security under BNS 2(31)?▼
It means a document that affects legal rights, liabilities, or claims. The document may create a right, transfer it, limit it, end it, or record such a transaction. This definition is often used in forgery and fraud cases.
Under Section 2(31) BNS, is every signed document a valuable security?▼
No. A document becomes a valuable security only if it has legal effect on rights, claims, or liabilities. A simple receipt or informal note may not qualify unless it changes legal relations in a meaningful way.
Why does the definition in Section 2(31) BNS matter in criminal cases?▼
Because offences involving forged valuable security are treated more seriously than ordinary document forgery. Courts first check whether the document fits this definition before deciding the exact charge. That can affect investigation, bail, and punishment exposure.
Does Section 2(31) BNS itself punish anyone?▼
No. Section 2(31) BNS only defines the term. The punishment comes from other sections that deal with forgery, cheating, or related offences involving such documents.
Does Section 2(32) BNS punish anyone?▼
No. Section 2(32) BNS is only a definition clause. It explains what counts as a vessel when the BNS uses that word in other provisions.
What kinds of watercraft are covered under Section 2(32) BNS?▼
It covers anything made for the conveyance by water of human beings or of property, including ships, boats, and similar watercraft.
Why is the definition in Section 2(32) BNS legally useful?▼
It helps avoid arguments about whether a boat or ship falls within the criminal law. That matters when an offence is committed on water or involves a watercraft.
Has Section 2(32) BNS changed under the BNS?▼
The definition now appears in Section 2(32) of the Bharatiya Nyaya Sanhita (BNS), 2023. The substance remains the same, defining a vessel as anything made for the conveyance by water of human beings or of property.
Does Section 2(33) BNS punish anyone?▼
No. Section 2(33) BNS is a definition clause, so it does not create an offence or prescribe punishment. It is used by courts to understand whether a person acted with intention, knowledge, or reason to believe.
Why is Section 2(33) BNS used in criminal cases?▼
It helps courts decide whether a person’s act was blameworthy in law. Many offences depend on whether the accused intended the result or knew or had reason to believe it was likely.
Can an accidental act be treated as voluntary under Section 2(33) BNS?▼
Usually no, if there was neither intention nor knowledge nor reason to believe the outcome was likely. But if the person knew or had reason to believe the outcome was likely and still acted, the effect is treated as caused voluntarily.
Has the definition of voluntarily changed in Section 2(33) BNS?▼
Section 2(33) BNS carries forward the definition of voluntarily and its illustration in the same words as part of the definitions section of the Bharatiya Nyaya Sanhita (BNS), 2023.
Is a will a criminal offence under Section 2(34) BNS?▼
No. Section 2(34) BNS only defines what a will is. It does not punish anyone and does not create any crime.
Why is the definition in Section 2(34) BNS important in legal cases?▼
It helps decide whether a document should be treated as a will or something else. That matters in criminal cases under the Sanhita involving the forgery, destruction, or concealment of a will.
What counts as a will under Section 2(34) BNS?▼
Under Section 2(34) BNS, the word "will" means any testamentary document. If a document is not testamentary in nature, or if the wish was only spoken and not put into a document, it does not fall within this definition.
Has this definition changed under Section 2(34) BNS?▼
Section 2(34) BNS carries the definition forward in the Bharatiya Nyaya Sanhita, 2023. It defines the word "will" to mean any testamentary document.
What does Section 2(36) of the Bharatiya Nyaya Sanhita define?▼
Section 2(36) BNS defines the term wrongful gain. It means gain by unlawful means of property to which the person gaining is not legally entitled. This is a definition clause, so it explains the term rather than creating a punishment by itself.
What counts as wrongful gain under Section 2(36) BNS?▼
A gain counts as wrongful gain if the person obtaining the property is not legally entitled to it and obtains it by unlawful means. Both unlawful means and the lack of legal entitlement must be present under Section 2(36) BNS.
How is Section 2(36) BNS connected to acting dishonestly?▼
Under Section 2(7) BNS, a person acts dishonestly when they do anything with the intention of causing wrongful gain to one person or wrongful loss to another person. Many property offences in the Sanhita rely on this definition.
Does Section 2(36) BNS itself give punishment for making a wrongful gain?▼
No. Section 2(36) BNS only defines the term wrongful gain and does not itself prescribe punishment under this section. Punishment depends on the specific offence section, such as theft, cheating, or criminal misappropriation, where that term applies.
What does Section 2(37) of the Bharatiya Nyaya Sanhita define?▼
Section 2(37) BNS defines the term wrongful loss. It means the loss by unlawful means of property to which the person losing it is legally entitled. It is a definition clause that helps explain property offences rather than creating punishment by itself.
What counts as wrongful loss under Section 2(37) BNS?▼
Wrongful loss means losing property by unlawful means when the person losing it is legally entitled to that property. If the loss happens through lawful action, or if the person had no legal entitlement to the property, it is not wrongful loss under Section 2(37) BNS.
How is wrongful loss under Section 2(37) BNS connected to acting dishonestly?▼
Under Section 2(7) BNS, a person acts dishonestly when they do anything with the intention of causing wrongful gain to one person or wrongful loss to another person. Courts apply Section 2(37) BNS whenever an offence requires proof of intended wrongful loss.
Does Section 2(37) BNS itself give punishment for causing wrongful loss?▼
No. Section 2(37) BNS is a definitions provision and does not prescribe any punishment. Punishment, if any, depends on the specific offence section, such as theft, mischief, or cheating, that uses these terms.
What does Section 2(38) of the Bharatiya Nyaya Sanhita define?▼
Section 2(38) BNS defines the expressions gaining wrongfully and losing wrongfully. It states that a person gains wrongfully when they retain wrongfully as well as when they acquire wrongfully, and a person loses wrongfully when they are wrongfully kept out of any property as well as when they are wrongfully deprived of property.
Can a person gain wrongfully under Section 2(38) BNS by keeping property they received lawfully?▼
Yes. Section 2(38) BNS explicitly says that a person gains wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. Even if a person received property lawfully at first, keeping it unlawfully afterwards counts as gaining wrongfully.
When does a person lose wrongfully under Section 2(38) BNS?▼
A person loses wrongfully both when they are wrongfully deprived of property and when they are wrongfully kept out of any property to which they are legally entitled.
Does Section 2(38) BNS itself give punishment for gaining or losing wrongfully?▼
No. Section 2(38) BNS is a definitions provision that explains what gaining wrongfully and losing wrongfully mean, and it does not itself prescribe punishment. Punishment depends on the specific offence section where those concepts apply.
What does Section 2(39) of the Bharatiya Nyaya Sanhita define?▼
Section 2(39) BNS provides that words and expressions used but not defined in the Bharatiya Nyaya Sanhita, and defined in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023, shall have the meanings respectively assigned to them in that Act and Sanhita.
When do definitions from the Information Technology Act, 2000 or the BNSS apply under Section 2(39) BNS?▼
A definition from the Information Technology Act, 2000 or the Bharatiya Nagarik Suraksha Sanhita, 2023 applies under Section 2(39) BNS when the word or expression is used in the BNS, is not defined in the BNS itself, and is defined in that Act or Sanhita, unless the context requires otherwise.
Why is Section 2(39) BNS important for interpreting the Sanhita?▼
It allows courts and readers to use established definitions of technical and procedural terms from the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 whenever those terms appear undefined in the BNS.
Does Section 2(39) BNS itself create an offence or give punishment?▼
No. Section 2(39) BNS is an interpretation provision and does not prescribe any punishment by itself. Punishment, if any, depends on the substantive offence section where the relevant word or expression is used.
Section 2 BNS: Sub-sections Explained
Section 2(1) and 2(25) BNS: “Act”. “Omission”
▶
Bare Act Text
(1) “act” denotes as well a series of acts as a single act;
(25) “omission” denotes as well as a series of omissions as a single omission;
Explained in Simple Words
Sections 2(1) and 2(25) of the Bharatiya Nyaya Sanhita (BNS) define the words "act" and "omission" separately. Under Section 2(1) BNS, an "act" denotes a series of acts as well as a single act. Under Section 2(25) BNS, an "omission" denotes a series of omissions as well as a single omission. Whenever an offence in the BNS refers to an act or an omission, a connected run of acts or failures to act is treated in the same way as a single act or omission.
Key Ingredients
- The word act denotes a single act
- The word act also denotes a series of acts
- The word omission denotes a single omission
- The word omission also denotes a series of omissions
Punishment
🔒 None. Sections 2(1) and 2(25) BNS create no offence.
💰 None.
Sections 2(1) and 2(25) BNS are definitions. They have no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A question of punishment, arrest, bail or trial, since these clauses only define two words
- A failure that is not illegal, which Section 3(4) BNS and Section 2(15) BNS deal with
- The meaning of document or counterfeit, which Section 2(8) BNS and Section 2(4) BNS define
Previous Law
IPC 33 → Section 2(1) and 2(25) BNS
The BNS defines the two words in two separate clauses. Act is Section 2(1) BNS and omission is Section 2(25) BNS, so they no longer sit together in one provision. Each clause says that the word denotes a series as well as a single one.
Section 2(19) and 2(35) BNS: “Man”. “Woman”
▶
Bare Act Text
(19) “man” means male human being of any age;
(35) “woman” means a female human being of any age;
Explained in Simple Words
Section 2(19) and Section 2(35) of the Bharatiya Nyaya Sanhita (BNS) define the words "man" and "woman" for the Sanhita. Under Section 2(19) BNS, "man" means a male human being of any age. Under Section 2(35) BNS, "woman" means a female human being of any age. Neither clause creates an offence. They ensure that whenever a provision of the BNS uses the word "man" or "woman" without setting a specific age requirement, it covers a male or female human being of any age, including a child or infant.
Key Ingredients
- Under Section 2(19) BNS the term man means male human being of any age
- Under Section 2(35) BNS the term woman means a female human being of any age
Punishment
🔒 None. Section 2(19) and Section 2(35) BNS create no offence.
💰 None. Section 2(19) and Section 2(35) BNS create no offence.
Section 2(19) and Section 2(35) BNS define man and woman and create no offence. They have no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A penal provision that explicitly specifies a distinct chronological age threshold instead of relying on the general terms man or woman
- A term appearing in a special enactment providing its own separate definition of adult, child, man, or woman
- An offence or a punishment of its own, since Section 2(19) and Section 2(35) BNS create no offence
Previous Law
IPC 10 → Section 2(19) and 2(35) BNS
Section 10 IPC corresponds to Section 2(19) BNS and Section 2(35) BNS. The single IPC section is divided into two separate alphabetical clauses within Section 2(19) and 2(35) BNS, where man is defined in clause nineteen and woman in clause thirty-five. In both provisions the operative word denotes is replaced by means, while preserving the foundational rule that each term encompasses a human being of any age.
Section 2(2) BNS: “Animal”
▶
Bare Act Text
(2) “animal” means any living creature, other than a human being;
Explained in Simple Words
Section 2(2) of the Bharatiya Nyaya Sanhita (BNS) defines the word "animal" for the purposes of the Sanhita. It says that the term means any living creature, other than a human being. This definition is used wherever the BNS refers to animals in offences involving cruelty, mischief, theft-related issues, or other conduct where the law protects living creatures.
This section does not create a separate offence or punishment. Its practical role is to remove doubt about the meaning of the word in criminal cases. Courts, police, and lawyers rely on it when they have to decide whether a particular living creature falls within the scope of an offence under the BNS.
Under Section 2(2) BNS, this definition applies across the Bharatiya Nyaya Sanhita, 2023 unless the context requires otherwise. In day-to-day practice, it helps ensure that the law is applied consistently to animals of all kinds, not only domestic ones.
Key Ingredients
- The word animal
- Means any living creature
- Other than a human being
Punishment
🔒 None. Section 2(2) BNS creates no offence.
💰 None.
Section 2(2) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A human being, which the section excludes
- A thing that is not a living creature, such as a toy dog or a stuffed bird
Previous Law
IPC 47 → Section 2(2) BNS
Section 2(2) BNS keeps the definition and changes one word. Animal means any living creature, other than a human being, where the IPC said denotes. It is now clause 2 of the definitions section, with the word in lower case, in place of a section of its own.
Section 2(4) BNS: “Counterfeit”
▶
Bare Act Text
(4) “counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation 1.It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised;
1.—It is not essential to counterfeiting that the imitation should be exact.
Explained in Simple Words
Section 2(4) of the Bharatiya Nyaya Sanhita (BNS) defines the word "counterfeit". It says that a person counterfeits when they cause one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. Explanation 1 states that the imitation does not need to be exact.
Explanation 2 adds that when a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived by it, the law presumes, until the contrary is proved, that the person intended to practise deception or knew that deception would likely be practised. This definition matters because many offences in the BNS use the word "counterfeit".
It applies to coins, currency notes, bank notes, stamps, seals, property marks, and other items where genuineness is legally significant. In practice, this section helps police, prosecutors, and courts separate an imitation made for deception from an innocent similarity.
Key Ingredients
- Causing one thing to resemble another thing
- Intending, by means of that resemblance, to practise deception, or knowing it to be likely that deception will thereby be practised
- The imitation need not be exact
- Where the resemblance is such that a person might be deceived, the intention or knowledge is presumed until the contrary is proved
Punishment
🔒 None. Section 2(4) BNS creates no offence.
💰 None.
Section 2(4) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A look-alike sold openly under its own name, where no one is deceived and none is meant to be
- A stage prop made to look like a real object, with no intention to deceive and no likelihood of deception
- A resemblance that arises by accident, with no intention to deceive and no knowledge that deception is likely
Previous Law
IPC 28 → Section 2(4) BNS
Section 2(4) BNS carries the definition word for word, both Explanations included. It is now a clause of the definitions section, headed counterfeit, in place of a section of its own. No word is added or removed.
Section 2(5) BNS: “Court of Justice”
▶
Bare Act Text
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;
Explained in Simple Words
Section 2(5) of the Bharatiya Nyaya Sanhita (BNS) defines the word "Court". It means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. A Judge or bench is treated as a Court under this provision only while acting in a judicial capacity, and not while performing administrative work.
Key Ingredients
- A Judge who is empowered by law to act judicially alone
- Or a body of Judges which is empowered by law to act judicially as a body
- That Judge or body of Judges is acting judicially at the time
Punishment
🔒 None. Section 2(5) BNS creates no offence.
💰 None.
Section 2(5) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A Judge doing administrative work, such as fixing a staff roster, and not acting judicially
- A body with no power in law to act judicially, such as a housing society committee settling a dispute between members
Previous Law
IPC 20 → Section 2(5) BNS
Section 2(5) BNS keeps the words of the definition but names the defined term Court, not Court of Justice, and says means where the IPC said denote. The illustration on a Panchayat under the Madras Code is dropped.
Section 2(6) BNS: “Death”
▶
Bare Act Text
(6) “death” means the death of a human being unless the contrary appears from the context;
Explained in Simple Words
Section 2(6) of the Bharatiya Nyaya Sanhita (BNS) gives the legal meaning of "death" for criminal law purposes. It says that death means the death of a human being, unless the contrary appears from the context. This is a definition section, not a punishment section. It helps courts, police, and lawyers read other offences correctly.
This provision applies whenever the Sanhita uses the word "death" and no contrary meaning appears from the context. It matters because many offences, such as murder, culpable homicide, and causing death by negligence, depend on a correct understanding of the term. In practice, the section avoids confusion and ensures that the law is applied to the death of a human being unless the context indicates otherwise.
Key Ingredients
- The word death
- Means the death of a human being
- Unless the contrary appears from the context
Punishment
🔒 None. Section 2(6) BNS creates no offence.
💰 None.
Section 2(6) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The death of an animal, unless the contrary appears from the context
- A use of the word in which the context shows that it does not mean the death of a human being
Previous Law
IPC 46 → Section 2(6) BNS
Section 2(6) BNS keeps the definition and changes one word. Death means the death of a human being unless the contrary appears from the context, where the IPC said denotes. It is now clause 6 of the definitions section, with the word in lower case, in place of a section of its own.
Section 2(7) BNS: “Dishonestly”
▶
Bare Act Text
(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person;
Explained in Simple Words
Section 2(7) of the Bharatiya Nyaya Sanhita (BNS) defines when a person acts dishonestly. It states that dishonestly means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. This definition is used across several offences where intention matters more than the act alone.
This section applies whenever the law has to decide whether conduct was dishonest, such as in theft, cheating, criminal breach of trust, or misappropriation-related matters. The real issue is the state of mind at the time of the act. If a person honestly believed they had a right to the property or benefit, the charge of dishonesty may fail.
In practice, this definition helps courts separate a civil dispute or mistake from criminal conduct.
Key Ingredients
- An act done by the person
- An intention, when doing it, of causing wrongful gain to one person
- Or an intention, when doing it, of causing wrongful loss to another person
Punishment
🔒 None. Section 2(7) BNS creates no offence.
💰 None.
Section 2(7) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- An honest mistake in the accounts, made with no intention of causing wrongful gain or wrongful loss
- A loss caused by carelessness alone, without that intention
- Taking back one’s own property from a person who has no legal right to keep it
Previous Law
IPC 24 → Section 2(7) BNS
Section 2(7) BNS states the definition as dishonestly means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. The IPC framed it around the doer, saying whoever does anything with that intention is said to do that thing dishonestly. The intention required is word for word the same.
Section 2(8) BNS: “Document”
▶
Bare Act Text
(8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.Illustration.Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature;
1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
Explained in Simple Words
Section 2(8) of the Bharatiya Nyaya Sanhita (BNS) defines a "document" as any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, and includes an electronic and digital record, intended to be used, or which may be used, as evidence of that matter. Explanation 1 states that it is immaterial by what means or upon what substance the letters, figures, or marks are formed, or whether the evidence is intended for, or may be used in, a Court or not. Explanation 2 provides that whatever is expressed by letters, figures, or marks as explained by mercantile or other usage is deemed to be expressed within this section.
Key Ingredients
- Matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means
- Includes an electronic and digital record
- Intended to be used, or which may be used, as evidence of that matter
- Under Explanation 1, the means and the substance do not matter, and neither does whether the evidence is meant for a Court or not
- Under Explanation 2, what the letters, figures or marks express by mercantile or other usage is treated as expressed by them
Punishment
🔒 None. Section 2(8) BNS creates no offence.
💰 None.
Section 2(8) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A spoken promise, with nothing expressed upon any substance by letters, figures or marks
- Random marks on paper that are not intended to be used, and cannot be used, as evidence of any matter
- A gesture or hand signal, which is not expressed upon any substance
- A physical object by itself, with no matter expressed or described upon it
Previous Law
IPC 29 → Section 2(8) BNS
Section 2(8) BNS keeps the definition and makes three changes. It says a document includes electronic and digital record. Explanation 1 now ends with a Court or not, in place of a Court of Justice, or not. The endorsement illustration says shall be construed, where the IPC said must be construed. The five illustrations are kept and lettered a to e. It is now a clause of the definitions section, headed document, in place of a section of its own.
Section 2(9) BNS: “Fraudulently”
▶
Bare Act Text
(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;
Explained in Simple Words
Section 2(9) of the Bharatiya Nyaya Sanhita (BNS) defines the word "fraudulently". It does not create a separate offence by itself. Instead, it explains the mental state needed in many criminal provisions where the law punishes acts done with fraud.
Under Section 2(9) BNS, fraudulently means doing anything with the intention to defraud but not otherwise. This definition matters in cases involving cheating, forgery, false documents, and other offences where the prosecution must show a fraudulent purpose. Courts look at the person’s intention at the time of the act.
If the act was done with the intention to defraud, the conduct falls within this definition. In practice, the focus is on intention, surrounding conduct, and the documents or statements used to carry out the deception.
Key Ingredients
- An act done by the person
- With the intention to defraud when doing it
- And not otherwise
Punishment
🔒 None. Section 2(9) BNS creates no offence.
💰 None.
Section 2(9) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- An act done without intention to defraud, such as an honest mistake about what is being sold
- An act done to cause wrongful gain or wrongful loss with no intention to defraud, which is doing it dishonestly under Section 2(7) BNS
Previous Law
IPC 25 → Section 2(9) BNS
Section 2(9) BNS states the definition as fraudulently means doing anything with the intention to defraud but not otherwise. The IPC said a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. Intent becomes intention; the test is the same, and the closing words but not otherwise are kept.
Section 2(10) BNS: Gender
▶
Bare Act Text
“gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.
Explanation.– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);
Explained in Simple Words
Section 2(10) of the Bharatiya Nyaya Sanhita (BNS) defines "gender" for the purposes of the Sanhita. It states that the pronoun "he" and its derivatives are used of any person, whether male, female, or transgender. Under its Explanation, the word "transgender" has the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
Key Ingredients
- Reference using the pronoun he and its grammatical derivatives
- Application to any person, whether male, female or transgender
- Adoption of the meaning of transgender from the Transgender Persons (Protection of Rights) Act, 2019
Punishment
🔒 None. Section 2(10) BNS creates no offence.
💰 None. Section 2(10) BNS creates no offence.
Section 2(10) BNS defines gender and creates no offence. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A penal provision that explicitly restricts liability to a man or a woman by express statutory words
- A term appearing in a statute that specifies its own distinct definition of gender
- An offence or a punishment of its own, since Section 2(10) BNS creates no offence
Previous Law
IPC 8 → Section 2(10) BNS
Section 8 IPC corresponds to Section 2(10) BNS. Section 2(10) BNS expands the definition of gender by adding transgender persons to the clause, specifying that the pronoun he and its derivatives apply to any person, whether male, female or transgender. An Explanation explicitly incorporates the definition of transgender assigned in clause k of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.
Section 2(11) BNS: “Good faith”
▶
Bare Act Text
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;
Explained in Simple Words
Section 2(11) of the Bharatiya Nyaya Sanhita (BNS) defines when an act or belief is said to be in good faith. It says that nothing is said to be done or believed in good faith which is done or believed without due care and attention. This definition matters because many provisions in the Sanhita use the idea of good faith to judge whether a person acted honestly and responsibly.
In simple terms, a person cannot claim good faith just by saying they believed something was right. The law expects a belief or action backed by due care and attention. Courts look at the facts, the surrounding conduct, and whether the person took proper care before acting.
This section applies across many situations, such as official acts, private decisions, and general exceptions where good faith is relevant. Its practical value is high because it separates a genuine mistake made with care from careless conduct dressed up as honesty.
Key Ingredients
- The words good faith
- Something done or believed
- Done or believed without due care and attention
- Which the section says is not done or believed in good faith
Punishment
🔒 None. Section 2(11) BNS creates no offence.
💰 None.
Section 2(11) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A thing done or believed with due care and attention, which this section does not say is lacking in good faith
- A question about a punishment, since the section creates no offence
Previous Law
IPC 52 → Section 2(11) BNS
Section 2(11) BNS carries the definition forward word for word. It is now clause 11 of the definitions section, headed good faith, in place of a section of its own.
Section 2(12) BNS: “Government”
▶
Bare Act Text
“Government” means the Central Government or a State Government;
Explained in Simple Words
Section 2(12) of the Bharatiya Nyaya Sanhita (BNS) does not create an offence. It gives the legal meaning of the word "Government" for the BNS. This definition matters because many offences in the BNS refer to acts done against the Government, by the Government, or in relation to Government property, officers, or authority.
In practical terms, the section tells courts and lawyers whether a reference is to the Central Government or a State Government, depending on the context. This is important in cases involving public servants, official records, government property, taxation, public administration, and offences like disobedience, obstruction, or cheating involving State machinery. Without this definition, many BNS provisions would be unclear or applied inconsistently.
For a client, the key point is simple: this section helps identify which authority is legally involved. It is a definition clause, but it has real impact on how police, prosecutors, and courts frame a case and decide who can act, complain, or be treated as the injured authority.
Key Ingredients
- Under Section 2(12) BNS the term Government means the Central Government
- Under Section 2(12) BNS the term Government means a State Government
Punishment
🔒 None. Section 2(12) BNS creates no offence.
💰 None. Section 2(12) BNS creates no offence.
Section 2(12) BNS defines Government and creates no offence. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A local authority, statutory board, or municipal corporation possessing distinct legal identity from the Central or State Government
- A foreign government or international agency operating outside Indian sovereign administration
- An offence or a punishment of its own, since Section 2(12) BNS creates no offence
Previous Law
IPC 17 → Section 2(12) BNS
Section 17 IPC corresponds to Section 2(12) BNS. Section 2(12) BNS provides that Government means the Central Government or a State Government. The operative word denotes is replaced by means, and the Government of a State is phrased as a State Government. The provision sits as clause twelve within the alphabetical definitions of Section 2(12) BNS without altering legal substance.
Section 2(13) BNS: Definitions
▶
Bare Act Text
(13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension;
Explained in Simple Words
Section 2(13) of the Bharatiya Nyaya Sanhita (BNS) defines the word "harbour" for use across the Sanhita, unless the context requires otherwise. Under this clause, harbouring includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or a means of conveyance, as well as assisting a person by any means to evade apprehension.
This provision applies whenever another section of the Sanhita deals with harbouring a person. Because Section 2(13) BNS is purely a definition clause, it prescribes no punishment of its own. Any punishment for harbouring is governed by the specific offence provision where the term appears.
Two points in the enacted wording are important for readers. First, the listed items from shelter and food to arms, ammunition, and means of conveyance are not exhaustive, because the clause also covers assisting a person by any means, whether of the same kind as those enumerated or not. Second, the supply or assistance must be for helping a person evade apprehension.
Key Ingredients
- A person supplies another person with shelter, food, drink, money, clothes, arms, ammunition, or a means of conveyance, or assists them by any other means
- The assistance may be of the same kind as the listed items or of any other kind
- The supply or assistance is given to help the person evade apprehension
- The definition applies across the Sanhita unless the context requires otherwise
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "harbour" as supplying listed items or assisting a person by any means to evade apprehension, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- Shelter, food, money, or transport is provided to a person without assisting them to evade apprehension
- A person gives ordinary help or hospitality to someone who is not trying to evade arrest or apprehension
- An offence or a punishment by itself, because Section 2(13) BNS only defines the word harbour for use in substantive offence provisions
Previous Law
IPC 52A → Section 2(13) BNS
Section 2(13) BNS corresponds to Section 52A IPC, which defined harbour. Section 2(13) BNS retains the same list of items and the catch-all for assisting a person by any means to evade apprehension, but omits the opening exception in Section 52A IPC that had referred to Section 157 IPC and spousal harbouring under Section 130 IPC.
Section 2(14) BNS: “Injury”
▶
Bare Act Text
(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property;
Explained in Simple Words
Section 2(14) of the Bharatiya Nyaya Sanhita (BNS) gives the legal meaning of the word "injury". It is not a punishment section. It explains that injury means any harm whatever illegally caused to any person, in body, mind, reputation, or property. This definition is used across many criminal provisions, so its reach is wider than physical harm alone.
In practice, this section helps courts decide whether a person has suffered legally recognised harm. It can apply in cases involving assault, threats, defamation, property damage, and other offences where harm is caused unlawfully. The section matters because many offences and remedies depend on whether an "injury" in law has been made out. Under the Bharatiya Nyaya Sanhita, 2023, this definition is found in Section 2(14) BNS.
Key Ingredients
- Harm of any kind whatever
- Illegally caused
- To any person
- In body, mind, reputation or property
Punishment
🔒 None. Section 2(14) BNS creates no offence.
💰 None.
Section 2(14) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- Harm that is not caused illegally
- Harm that is not to a person in body, mind, reputation or property
Previous Law
IPC 44 → Section 2(14) BNS
Section 2(14) BNS keeps the definition and changes one word. Injury means any harm whatever illegally caused to any person, in body, mind, reputation or property, where the IPC said denotes. It is now clause 14 of the definitions section, with the word in lower case, in place of a section of its own.
Section 2(15) BNS: “Illegal”. “Legally bound to do”
▶
Bare Act Text
(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit;
Explained in Simple Words
Section 2(15) of the Bharatiya Nyaya Sanhita (BNS) defines both "illegal" and when a person is said to be "legally bound to do" something. The word "illegal" applies to everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action. A person is "legally bound to do" whatever it is illegal in him to omit. In simple terms, if omitting an act would be an offence, prohibited by law, or ground for a civil suit, failing to do it can have legal consequences under the offence provisions that use these terms.
This section does not itself create a punishment. Instead, it explains the meaning of "illegal" and a legal duty for the purpose of the BNS. Courts and lawyers use it to decide whether a person had a real obligation to act, such as giving information, producing documents, or performing a duty imposed by law.
Its practical value is in fixing responsibility. If a person was legally bound to act and chose not to comply, that fact can support liability under other penal provisions that depend on this definition.
Key Ingredients
- The word illegal applies to everything which is an offence
- Or which is prohibited by law
- Or which furnishes ground for a civil action
- A person is legally bound to do whatever it is illegal in him to omit
Punishment
🔒 None. Section 2(15) BNS creates no offence.
💰 None.
Section 2(15) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A thing that is not an offence, is not prohibited by law and furnishes no ground for a civil action
- A purely moral duty, whose omission is not illegal in the person
Previous Law
IPC 43 → Section 2(15) BNS
Section 2(15) BNS carries both definitions in the same words. It is now clause 15 of the definitions section, with the two terms in lower case, in place of a section of its own.
Section 2(16) BNS: “Judge”
▶
Bare Act Text
(16) “Judge” means a person who is officially designated as a Judge and includes a person,—
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
Illustration.A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
Explained in Simple Words
Section 2(16) of the Bharatiya Nyaya Sanhita (BNS) defines the word "Judge". It does not create an offence. Under this clause, "Judge" means a person who is officially designated as a Judge and also includes any person who is empowered by law, in any civil or criminal legal proceeding, to give a definitive judgment (including a judgment that becomes definitive if not appealed against, or if confirmed by another authority), or who is one of a body of persons empowered by law to give such a judgment. As the illustration to the clause explains, a Magistrate exercising jurisdiction over a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.
Key Ingredients
- A person officially designated as a Judge
- Or a person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal
- A judgment that would be definitive if not appealed against, or if confirmed by some other authority, counts
- Or a member of a body of persons which the law empowers to give such a judgment
Punishment
🔒 None. Section 2(16) BNS creates no offence.
💰 None.
Section 2(16) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A Magistrate who has power only to commit an accused for trial to another Court
- A police officer investigating a case, who is not empowered by law to give a judgment
- A village elder settling a quarrel, where no law empowers him to give a judgment
Previous Law
IPC 19 → Section 2(16) BNS
Section 2(16) BNS keeps both limbs of the definition, worded as means and includes, and numbers them as two clauses. Of the four IPC illustrations, only the second is kept: the Magistrate who has power to sentence to fine or imprisonment is a Judge.
Section 2(17) BNS: “Life”
▶
Bare Act Text
(17) “life” means the life of a human being, unless the contrary appears from the context;
Explained in Simple Words
Section 2(17) of the Bharatiya Nyaya Sanhita (BNS) defines the word "life". It says that unless the contrary appears from the context, "life" means the life of a human being. This is a definitional provision, not an offence.
It helps courts, lawyers, and police read other criminal provisions correctly where the word "life" is used. This section applies whenever a provision of the Sanhita uses the term "life" and the context does not show a different meaning. Its practical value is simple but significant.
It prevents confusion and ensures that the law is applied in a consistent way. In criminal cases, clear definitions matter because they affect interpretation, charging, and sentencing. Under the present law, this definition is set out in Section 2(17) of the Bharatiya Nyaya Sanhita, 2023.
Key Ingredients
- The word life
- Means the life of a human being
- Unless the contrary appears from the context
Punishment
🔒 None. Section 2(17) BNS creates no offence.
💰 None.
Section 2(17) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The life of an animal, unless the contrary appears from the context
- A use of the word in which the context shows that it does not mean the life of a human being
Previous Law
IPC 45 → Section 2(17) BNS
Section 2(17) BNS keeps the definition and changes one word. Life means the life of a human being, unless the contrary appears from the context, where the IPC said denotes. It is now clause 17 of the definitions section, with the word in lower case, in place of a section of its own.
Section 2(18) BNS: “Local law”
▶
Bare Act Text
(18) “local law” means a law applicable only to a particular part of India;
Explained in Simple Words
Section 2(18) of the Bharatiya Nyaya Sanhita (BNS) is a definition clause. It explains what is meant by the term "local law" when that expression is used anywhere in the BNS. In simple terms, it covers a law that applies only to a particular part of India, and not to the whole country. This matters because many BNS provisions refer to local law for deciding whether an act is lawful, prohibited, or punishable. The definition helps courts and lawyers identify whether a law operating in a particular State or area can be treated as a local law for the purpose of the BNS. It is not an offence section by itself. Instead, it gives meaning to other sections and avoids confusion when different laws operate in different places.
Key Ingredients
- A law
- Applicable only to a particular part of India
- Unless the context otherwise requires
Punishment
🔒 None. Section 2(18) BNS creates no offence.
💰 None.
Section 2(18) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A law that applies throughout India and not only to a particular part of it
- The Bharatiya Nyaya Sanhita itself, which Section 2(24) BNS treats apart from any special law or local law
- A rule that is not a law, such as an office or company policy
Previous Law
IPC 42 → Section 2(18) BNS
Section 2(18) BNS keeps the definition and changes one word. A local law means a law applicable only to a particular part of India, where the IPC said is. It is now clause 18 of the definitions section, with the term in lower case, in place of a section of its own.
Section 2(20) BNS: “Year”. “Month”
▶
Bare Act Text
(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
Explained in Simple Words
Section 2(20) of the Bharatiya Nyaya Sanhita (BNS) does not create any offence. It gives a legal rule for how the words "month" and "year" are to be understood when they appear in the Sanhita. Under this rule, a month means a month according to the Gregorian calendar, and a year means a year according to that calendar. This matters in everyday legal work because many offences, limitation periods, sentence terms, and compliance deadlines are expressed in months or years.
If a provision says "six months" or "one year", this section tells the court and the parties how to count that period. It helps avoid confusion between calendar time and other systems of counting time. In practice, lawyers, police, courts, and jail authorities rely on this rule when calculating bail conditions, sentence expiry, notice periods, and filing deadlines.
Key Ingredients
- The word month or the word year is used in the Sanhita
- The month or the year is to be understood
- As reckoned according to the Gregorian calendar
Punishment
🔒 None. Section 2(20) BNS creates no offence.
💰 None.
Section 2(20) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A period named in days or hours, which uses neither word
- A question about the punishment for an offence, since the section creates none
Previous Law
IPC 49 → Section 2(20) BNS
Section 2(20) BNS keeps the rule and changes the name of the calendar. The month or the year is reckoned according to the Gregorian calendar, where the IPC said the British calendar. The BNS also lists month before year. It is now clause 20 of the definitions section, in place of a section of its own.
Section 2(21) BNS: “Movable property”
▶
Bare Act Text
(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
Explained in Simple Words
Section 2(21) of the Bharatiya Nyaya Sanhita (BNS) defines movable property. In simple terms, it means property of every description except land and things attached to the earth, or permanently fastened to anything attached to the earth. This includes items that can be physically moved from one place to another, such as vehicles, jewellery, furniture, cash, stock, machinery not permanently fixed, and similar assets.
This definition matters because many offences under criminal law depend on whether the property involved is movable. Theft, criminal misappropriation, robbery, and related offences usually concern movable property. If the item cannot be treated as movable property, the prosecution may face difficulty in bringing the facts within the correct offence.
For lawyers, police, and courts, this section acts as a basic classification rule. It helps decide how the law should be applied in cases involving taking, moving, concealing, or dishonestly dealing with property.
Key Ingredients
- Property of every description
- It is not land
- It is not attached to the earth
- It is not permanently fastened to anything which is attached to the earth
Punishment
🔒 None. Section 2(21) BNS creates no offence.
💰 None.
Section 2(21) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- Land itself, such as an agricultural plot
- A tree still rooted in the ground, or a crop still growing, because it is attached to the earth
- An iron gate permanently fastened to a wall which is built into the ground
Previous Law
IPC 22 → Section 2(21) BNS
Section 2(21) BNS drops the words are intended to include corporeal and says movable property includes property of every description. The IPC limited the definition to corporeal property; the BNS text carries no such limit, so the definition is wider. The three exclusions for land, things attached to the earth, and things permanently fastened to anything attached to the earth are word for word the same.
Section 2(22) BNS: Number
▶
Bare Act Text
“number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
Explained in Simple Words
Section 2(22) of the Bharatiya Nyaya Sanhita (BNS) is a definitional provision. It explains that the word “number” includes both singular and plural, unless the context clearly shows a different meaning. In simple terms, if a law uses a word in the singular, it can also cover more than one person or thing when the wording and context support that reading.
This section applies across the BNS wherever the language of a provision may otherwise create doubt about whether it covers one or many. It helps courts, lawyers, police, and prosecutors read the statute sensibly instead of treating every singular word as limited to one only. In practice, this avoids technical objections and supports a practical reading of criminal law.
Its value is interpretive, not punitive. It does not create an offence or prescribe punishment. It simply guides how the rest of the Code is understood.
Key Ingredients
- Under Section 2(22) BNS, words importing the singular number include the plural number
- Under Section 2(22) BNS, words importing the plural number include the singular number
- Both rules yield where the contrary appears from the context
Punishment
🔒 None. Section 2(22) BNS creates no offence.
💰 None. Section 2(22) BNS creates no offence.
Section 2(22) BNS establishes that singular includes plural and plural includes singular. It defines no offence and has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A penal provision where the statutory context clearly restricts the rule to a singular entity or a specific plural number
- A term in an independent statute containing its own definition of grammatical number
- An offence or a punishment of its own, since Section 2(22) BNS creates no offence
Previous Law
IPC 9 → Section 2(22) BNS
Section 9 IPC corresponds to Section 2(22) BNS. Section 2(22) BNS preserves the rule of construction on grammatical number verbatim, concluding with a semicolon as part of the consolidated definitions section. Words in the singular continue to include the plural and vice versa unless excluded by statutory context.
Section 2(23) BNS: “Oath”
▶
Bare Act Text
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
Explained in Simple Words
Section 2(23) of the Bharatiya Nyaya Sanhita (BNS) gives the legal meaning of the word "oath" for the purposes of the Code. It does not create a separate offence or punishment. Instead, it explains that an oath includes a solemn affirmation substituted by law for an oath, as well as any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not.
This definition matters wherever the BNS uses the word "oath" in relation to evidence, statements, or legal duties. In practical terms, this section applies to anyone who is required by law to swear or affirm before a court, authority, or authorised officer. The law recognises that not everyone takes a religious oath, so a solemn affirmation is treated the same way where the law permits it.
This ensures fairness and uniformity in legal proceedings, especially for witnesses, deponents, and persons making declarations under law. Since it is only a definition section, there is no punishment attached to it.
Key Ingredients
- Includes a solemn affirmation substituted by law for an oath
- Includes any declaration required or authorised by law to be made before a public servant
- Includes any declaration required or authorised by law to be used for the purpose of proof
- Whether in a Court or not
Punishment
🔒 None. Section 2(23) BNS creates no offence.
💰 None.
Section 2(23) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A promise or assurance that the law neither requires nor authorises, such as a casual promise made at home
- A private written statement that is not required or authorised by law and is neither made before a public servant nor used for the purpose of proof
Previous Law
IPC 51 → Section 2(23) BNS
Section 2(23) BNS keeps the definition and changes one phrase. It ends whether in a Court or not, where the IPC said whether in a Court of Justice or not. Section 2(5) BNS now defines Court, in place of the IPC definition of Court of Justice. It is now clause 23 of the definitions section, in place of a section of its own.
Section 2(24) BNS: “Offence”
▶
Bare Act Text
(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
Explained in Simple Words
Section 2(24) of the Bharatiya Nyaya Sanhita (BNS) does not define a separate crime. It explains the meaning of the word “offence” for the purpose of the Code. In simple terms, when the BNS uses the word offence, it generally means a thing made punishable by the Code.
It also covers acts punishable under other laws, if the BNS says so in that context. This definition matters because many BNS provisions use the term offence in deciding liability, procedure, and punishment. Lawyers, police officers, and courts rely on it to understand whether a particular act falls within the criminal framework of the BNS.
For a person facing a criminal complaint, this section helps determine whether the allegation is actually a punishable offence under the Code or under a connected law. Its practical value is in interpretation, not in punishment.
Key Ingredients
- Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word offence means a thing made punishable by the Sanhita
- Under sub-clause (a), in Chapter III and in the sections listed there, the word offence means a thing punishable under the Sanhita, or under any special law or local law
- Under sub-clause (b), in sub-section (1) of Section 189, Sections 211, 212, 238, 239, 249, 253 and sub-section (1) of Section 329 BNS, an act punishable under a special law or local law counts when punishable under such law with imprisonment for a term of six months or more, whether with or without fine
Punishment
🔒 None. Section 2(24) BNS creates no offence.
💰 None.
Section 2(24) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A thing punishable only under a special or local law, in a section that neither sub-clause (a) nor sub-clause (b) of Section 2(24) BNS names
- In sub-section (1) of Section 189, Sections 211, 212, 238, 239, 249, 253, and sub-section (1) of Section 329 BNS, an act punishable under a special or local law with imprisonment for less than six months
- A thing that neither the Sanhita nor any special or local law makes punishable
Previous Law
IPC 40 → Section 2(24) BNS
Section 2(24) BNS keeps the three-part scheme and writes it as a general rule followed by two sub-clauses, a and b, in place of three paragraphs. It says means in place of denotes and Sanhita in place of Code. Sub-clause a names Chapter III and a list of sections, and gives the wider meaning that includes a special law or local law. Sub-clause b names sub-section 1 of section 189 and sections 211, 212, 238, 239, 249 and 253 and sub-section 1 of section 329, and keeps the six months test, now worded six months or more and an act punishable in place of a thing punishable. The section numbers are the BNS ones, and there is no reference to a Chapter VA. It is now clause 24 of the definitions section, in place of a section of its own.
Section 2(25) BNS: Definitions
▶
Bare Act Text
(25) “omission” denotes as well as a series of omissions as a single omission.
Explained in Simple Words
Section 2(25) of the Bharatiya Nyaya Sanhita (BNS) defines the word "omission" for the purposes of the Sanhita, unless the context requires otherwise. It provides that the word "omission" denotes a series of omissions as well as a single omission.
This rule applies to any person whose failure to act is examined under a provision of the Sanhita that refers to an omission. Because Section 2(25) BNS is a definition clause rather than a substantive offence provision, it prescribes no punishment of its own. Any punishment depends on the specific offence section under which an omission is made punishable.
For readers, two points clarify how this clause works alongside the rest of Section 2 BNS. First, when a person repeatedly fails to do something, that series of omissions is covered by the singular word "omission" unless the context requires otherwise. Second, Section 2(25) BNS mirrors Section 2(1) BNS, which states that the word "act" denotes a series of acts as well as a single act.
Key Ingredients
- A provision of the Sanhita uses the word "omission"
- The conduct consists of either a single omission or a series of omissions
- The context of the provision does not require the word "omission" to be read otherwise
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "omission" to include both a series of omissions and a single omission, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A positive physical action or series of actions, which falls under the definition of "act" in Section 2(1) BNS rather than "omission" in Section 2(25) BNS
- A failure to do something that is not illegal under Section 2(15) BNS, because the person was not legally bound to do it
- A provision where the context clearly restricts the reference to a single specific omission rather than a series of omissions
- An offence or punishment of its own, since Section 2(25) BNS is only a definition clause
Section 2(26) BNS: “Person”
▶
Bare Act Text
“person” includes any company or association or body of persons, whether incorporated or not;
Explained in Simple Words
Section 2(26) of the Bharatiya Nyaya Sanhita (BNS) gives the legal meaning of the word "person". It is not a punishment section. It is a definition section that tells us who can be treated as a person under the criminal law.
In simple terms, it includes not only natural human beings, but also companies, associations, and bodies of persons, whether incorporated or not. This definition matters because many offences and legal duties in the BNS apply to a "person". So, when the law says that a person may be punished, prosecuted, or held liable, this section helps decide whether a company, firm, society, or individual falls within that wording.
In practice, it is used in cases involving corporate liability, complaints against organisations, and interpretation of criminal provisions. Without this section, courts would have to keep asking who exactly the law is talking about in each provision.
Key Ingredients
- Under Section 2(26) BNS person includes any company
- Under Section 2(26) BNS person includes any association or body of persons
- The inclusion applies whether incorporated or not
Punishment
🔒 None. Section 2(26) BNS creates no offence.
💰 None. Section 2(26) BNS creates no offence.
Section 2(26) BNS defines person and creates no offence. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A penal provision whose statutory context or language demonstrates that only a natural human being can commit or suffer the act
- A special or local law that gives the word person its own meaning
- An offence or a punishment of its own, since Section 2(26) BNS creates no offence
Previous Law
IPC 11 → Section 2(26) BNS
Section 11 IPC corresponds to Section 2(26) BNS. Section 2(26) BNS retains the substantive definition verbatim, providing that person includes any company or association or body of persons, whether incorporated or not. The words company and association appear in lower case in the Bharatiya Nyaya Sanhita, 2023, and the provision sits as clause twenty-six of the alphabetical definitions in Section 2(26) BNS.
Section 2(27) BNS: Definitions
▶
Bare Act Text
(27) “public” includes any class of the public or any community.
Explained in Simple Words
Section 2(27) of the Bharatiya Nyaya Sanhita (BNS) defines the word "public" for the Sanhita, unless the context requires otherwise. Under this clause, the word "public" includes any class of the public or any community.
This provision applies across the Sanhita whenever a section refers to the public, whether in describing who is affected by conduct or in defining an offence. Because Section 2(27) BNS is only a definition clause, it prescribes no punishment of its own. Any punishment is governed by the substantive offence provision in the Sanhita where the word "public" is used.
Two points in the enacted text help readers understand its reach. First, the definition uses the word "includes", making clear that a reference to the public is not restricted to the population at large, but also covers any particular class of the public or any community. Second, like all definitions in Section 2 BNS, this meaning applies throughout the Sanhita unless the context of a specific provision requires otherwise.
Key Ingredients
- A provision of the Sanhita uses the word "public"
- The group concerned is the public generally, any class of the public, or any community
- The definition applies unless the context otherwise requires
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "public" to include any class of the public or any community, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A private dispute or harm that affects only a specific individual and does not affect any class of the public or any community
- A separate statute that provides its own distinct definition of the word public
- An offence or punishment by itself, as Section 2(27) BNS only defines the term public
Previous Law
IPC 12 → Section 2(27) BNS
Section 2(27) BNS corresponds to Section 12 IPC. It retains the definition verbatim, stating that the word "public" includes any class of the public or any community, and places it as clause (27) of the consolidated definitions in Section 2(27) BNS instead of a separate section.
Section 2(28) BNS: “Public servant”
▶
Bare Act Text
(28) “public servant” means a person falling under any of the descriptions, namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).
Explanation.(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant;
(c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under any law for the time being in force.
Illustration.A Municipal Commissioner is a public servant;
(a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not;
Explained in Simple Words
Section 2(28) of the Bharatiya Nyaya Sanhita (BNS) gives the legal meaning of a public servant. It does not create a separate offence. Instead, it identifies the wide range of people who are treated as public servants for criminal law purposes.
This includes government officers, judges, police officers, military personnel in certain roles, and many other persons holding office or performing public duties under law. This definition matters because many offences under the BNS apply only when the accused is a public servant, or when the victim or authority involved is one. It also affects rules on sanction for prosecution, abuse of official position, bribery-related offences, and misconduct in office.
In practice, the section helps courts decide whether a person had the legal status that brings special duties, accountability, and higher criminal exposure. The exact category has to be checked carefully, since the label depends on the statutory definition, not just on popular understanding of the job title.
Key Ingredients
- The person falls under at least one of the descriptions in clauses (a) to (k) of Section 2(28) BNS
- Appointment by the Government is not needed, by clause (a) of the Explanation
- A person in actual possession of the situation of a public servant counts, whatever legal defect there may be in the right to hold that situation, by clause (b) of the Explanation
Punishment
🔒 None. Section 2(28) BNS creates no offence.
💰 None.
Section 2(28) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- An accountant of a private company handling company money
- A private security guard who detains a trespasser, holding no office that empowers him to keep a person in confinement
- A neighbour who settles a family quarrel, with no power in law to discharge adjudicatory functions
Previous Law
IPC 21 → Section 2(28) BNS
Section 2(28) BNS keeps the list, lettered a to k, with these changes. The juryman is dropped. Commissioned officers are of the Army, Navy or Air Force, and the words of India are gone. A Court of Justice becomes a Court. A local authority is one defined in the General Clauses Act, 1897, a Government company is one defined in the Companies Act, 2013, and the corporation limb no longer names a Provincial Act. The three Explanations become one, and an election is one held under any law for the time being in force. The Municipal Commissioner illustration is kept.
Section 2(29) BNS: “Reason to believe”
▶
Bare Act Text
(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise;
Explained in Simple Words
Section 2(29) of the Bharatiya Nyaya Sanhita (BNS) explains what the law means by a "reason to believe". A person is said to have reason to believe a thing if they have sufficient cause to believe that thing, and not otherwise. This matters because many criminal provisions depend on what a person knew, believed, or had reason to believe at the relevant time. This definition applies across the BNS whenever that phrase appears.
Courts use it to judge whether a person acted with the level of awareness required by law. It is more than a vague suspicion, but less than complete certainty. In practice, this helps police, prosecutors, and courts decide whether a person can be held liable when direct evidence of actual knowledge is missing, yet the surrounding facts clearly point to awareness.
Key Ingredients
- A thing which the person is said to have reason to believe
- Sufficient cause to believe that thing
- Not otherwise than on such sufficient cause
Punishment
🔒 None. Section 2(29) BNS creates no offence.
💰 None.
Section 2(29) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A bare suspicion or doubt with no sufficient cause behind it
- A guess that later turns out to be right, made without sufficient cause
- A belief resting on rumour alone, with no facts to support it
Previous Law
IPC 26 → Section 2(29) BNS
Section 2(29) BNS carries the definition word for word. It is now a clause of the definitions section, headed reason to believe, in place of a section of its own. No word of the test is added or removed.
Section 2(30) BNS: “Special law”
▶
Bare Act Text
(30) “special law” means a law applicable to a particular subject;
Explained in Simple Words
Section 2(30) of the Bharatiya Nyaya Sanhita (BNS) deals with the term “special law”. It means a law applicable to a particular subject, rather than the general criminal law. This definition matters because many offences and procedures in India are governed by special statutes such as the NDPS Act, the Prevention of Corruption Act, the POCSO Act, and other targeted laws.
In practical terms, this section helps courts and lawyers decide whether a specific statute will override or operate alongside the general criminal law. If a matter is covered by a special law, the special law usually prevails to the extent of inconsistency. For a client, this can affect the charge, procedure, bail position, punishment, and even which court will hear the case.
Section 2(30) BNS itself does not create an offence. It is a definition clause, but an important one because it shapes how the rest of the criminal law is applied.
Key Ingredients
- The expression special law is used in the Sanhita
- A law
- Applicable to a particular subject
Punishment
🔒 None. Section 2(30) BNS creates no offence.
💰 None.
Section 2(30) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A rule that is not a law, such as an office or company policy
- The Bharatiya Nyaya Sanhita itself, which Section 2(24) BNS treats apart from any special or local law
- An order made in a single case, which is not a law applicable to a particular subject
Previous Law
IPC 41 → Section 2(30) BNS
Section 2(30) BNS keeps the definition and changes one word. A special law means a law applicable to a particular subject, where the IPC said is. It is now clause 30 of the definitions section, with the term in lower case, in place of a section of its own.
Section 2(31) BNS: “Valuable security”
▶
Bare Act Text
(31) “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration.A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”;
Explained in Simple Words
Section 2(31) of the Bharatiya Nyaya Sanhita (BNS) explains what counts as a valuable security. In simple terms, it covers a document that is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that they lie under legal liability or do not have a certain legal right. This includes papers that can affect ownership, payment obligations, or other enforceable rights.
This definition matters because many offences under the BNS, especially forgery and cheating-related offences, depend on whether the document in question is a valuable security. The section applies to anyone dealing with such documents, whether in business, property matters, banking, or other legal transactions. If a document falls within this category, tampering with it can lead to serious criminal consequences.
For practical purposes, this section helps courts decide the seriousness of a document-related offence. A forged ordinary paper and a forged valuable security are not treated the same. The latter is viewed more seriously because it can directly change legal rights or financial liabilities.
Key Ingredients
- A document which is, or purports to be, a document
- Whereby any legal right is created, extended, transferred, restricted, extinguished or released
- Or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right
Punishment
🔒 None. Section 2(31) BNS creates no offence.
💰 None.
Section 2(31) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- An oral promise, since the section speaks of a document
- A document that only records facts and neither deals with a legal right nor acknowledges a liability or the lack of a right
- A map, plan or instruction sheet that does not affect any legal right
Previous Law
IPC 30 → Section 2(31) BNS
Section 2(31) BNS carries the definition with two wording changes. It says means where the IPC said denote, and it drops the opening words The words. The illustration is kept. It is now a clause of the definitions section, headed valuable security, in place of a section of its own.
Section 2(32) BNS: “Vessel”
▶
Bare Act Text
(32) “vessel” means anything made for the conveyance by water of human beings or of property;
Explained in Simple Words
Section 2(32) of the Bharatiya Nyaya Sanhita (BNS) defines the word “vessel”. It says that the term means anything made for the conveyance by water of human beings or of property. In simple terms, the law gives the word a wide meaning so that offences involving water transport are not left uncertain because of a narrow definition.
This provision applies wherever the BNS uses the word “vessel” in any offence or legal context. That can matter in cases involving theft, mischief, trespass, robbery, or other offences connected with boats and ships. Its practical value is that it prevents disputes over whether a particular watercraft is covered.
If a craft is made for carrying people or property by water, the law treats it as a vessel. This helps courts, police, and lawyers apply the criminal law consistently to maritime and inland water transport situations.
Key Ingredients
- The word vessel
- Means anything
- Made for the conveyance by water
- Of human beings or of property
Punishment
🔒 None. Section 2(32) BNS creates no offence.
💰 None.
Section 2(32) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A handcart used on a road to carry goods, which is not made for conveyance by water
- A motor car carrying passengers beside a river but travelling on land
Previous Law
IPC 48 → Section 2(32) BNS
Section 2(32) BNS keeps the definition and changes one word. Vessel means anything made for the conveyance by water of human beings or of property, where the IPC said denotes. It is now clause 32 of the definitions section, with the word in lower case, in place of a section of its own.
Section 2(33) BNS: “Voluntarily”
▶
Bare Act Text
(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
Illustration.A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;
Explained in Simple Words
Section 2(33) of the Bharatiya Nyaya Sanhita (BNS) does not create any offence. It defines when an effect is said to be caused voluntarily. In simple terms, a person causes an effect voluntarily when they cause it by means whereby they intended to cause it, or by means which, at the time of employing those means, they knew or had reason to believe to be likely to cause it.
This definition matters across many offences in criminal law. Courts use it to decide whether a person had the required mental state for an act, especially where intention, knowledge, or reason to believe is part of the offence. It applies to anyone whose conduct is in question, whether the issue is direct liability, abetment, or participation in a crime.
In practice, Section 2(33) BNS helps separate accidental conduct from blameworthy conduct. A person may not escape liability just because they did not desire the exact result, if they knew or had reason to believe the result was likely. At the same time, mere accident is not enough to make an act voluntary under this definition.
Key Ingredients
- An effect caused by the person
- Caused by means whereby he intended to cause it
- Or caused by means which, at the time of employing them, he knew or had reason to believe to be likely to cause it
Punishment
🔒 None. Section 2(33) BNS creates no offence.
💰 None.
Section 2(33) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- An effect that comes from some cause other than the means the person used
- Means that the person neither intended to cause the effect nor knew or had reason to believe, at the time of employing them, to be likely to cause it
- A death caused by a rash or negligent act not amounting to culpable homicide, which Section 106 BNS deals with
Previous Law
IPC 39 → Section 2(33) BNS
Section 2(33) BNS carries the definition and its illustration in the same words. It is now clause 33 of the definitions section, with the word printed in lower case, in place of a section of its own.
Section 2(34) BNS: “A will”
▶
Bare Act Text
(34) “will” means any testamentary document;
Explained in Simple Words
Section 2(34) of the Bharatiya Nyaya Sanhita (BNS) defines a “will”. It states that a will means any testamentary document, which in simple terms is a written legal declaration by a person about how their property should be dealt with after their death. It is not a criminal offence provision.
It is a definition clause that helps courts, lawyers, and families understand testamentary documents. This section applies when a person leaves written instructions for distribution of property after death. It is relevant where criminal offences involve tampering with or concealing testamentary documents.
The practical value of this definition is that it separates a will from other kinds of documents, such as gifts made during lifetime or agreements that take effect immediately. If a document is to operate as a testamentary disposition after death, this section identifies it as a will under the BNS.
Key Ingredients
- The word will is used in the Sanhita
- It refers to a document
- The document is a testamentary document
Punishment
🔒 None. Section 2(34) BNS creates no offence.
💰 None.
Section 2(34) BNS is a definition. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A sale deed that transfers a house during the maker’s lifetime, since it is not a testamentary document
- A power-of-attorney authorising someone to act on the maker’s behalf, since it is not a testamentary document
- A spoken wish about what should happen after death, since the section speaks of a document
Previous Law
IPC 31 → Section 2(34) BNS
Section 2(34) BNS carries the definition with small wording changes. It defines the word will in place of the words a will, says means where the IPC said denote, and drops the opening words The words. It is now a clause of the definitions section in place of a section of its own.
Section 2(36) BNS: Definitions
▶
Bare Act Text
(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled;
Explained in Simple Words
Section 2(36) of the Bharatiya Nyaya Sanhita (BNS) defines the expression "wrongful gain" for the Sanhita, unless the context requires otherwise. It states that "wrongful gain" means gain by unlawful means of property to which the person gaining is not legally entitled.
This definition applies to any person whose gain of property is examined under a provision of the Sanhita that refers to wrongful gain, including the definition of "dishonestly" in Section 2(7) BNS. Because Section 2(36) BNS is a definition clause, it prescribes no punishment of its own. Any punishment is governed by the specific offence provision under which the conduct falls.
Two points in the enacted wording are essential for readers. First, both elements must be present for a gain of property to be wrongful: the person gaining must not be legally entitled to the property, and the gain must be by unlawful means. Second, Section 2(36) BNS reads alongside Section 2(38) BNS, which explains that gaining wrongfully covers retaining wrongfully as well as acquiring wrongfully.
Key Ingredients
- A person makes a gain of property
- The person gaining is not legally entitled to that property
- The gain is made by unlawful means
- The definition applies unless the context requires otherwise
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "wrongful gain" as gain by unlawful means of property to which the person gaining is not legally entitled, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A person acquires property through a valid purchase or gift to which they are legally entitled
- A person receives money or goods by lawful means, such as enforcing a valid contract or court order
- A business makes a profit through fair competition without using any unlawful means
- A person takes back their own property to which they already have a lawful entitlement
Section 2(37) BNS: Definitions
▶
Bare Act Text
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled;
Explained in Simple Words
Section 2(37) of the Bharatiya Nyaya Sanhita (BNS) defines the expression "wrongful loss" for the Sanhita, unless the context requires otherwise. It states that "wrongful loss" means the loss by unlawful means of property to which the person losing it is legally entitled.
This provision applies whenever a section of the Sanhita refers to wrongful loss, including the definition of "dishonestly" under Section 2(7) BNS, which covers doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. Because Section 2(37) BNS is a definition clause, it prescribes no punishment of its own. Any punishment depends on the specific offence section under which the conduct is prosecuted.
Two points in the enacted text are important for readers. First, a loss of property counts as wrongful loss only when two conditions meet: the person losing the property is legally entitled to it, and the loss is caused by unlawful means. Second, Section 2(37) BNS reads alongside Section 2(38) BNS, which explains that losing wrongfully includes both being wrongfully kept out of property and being wrongfully deprived of property.
Key Ingredients
- A person suffers a loss of property
- The person losing the property is legally entitled to it
- The loss is caused by unlawful means
- The definition applies unless the context requires otherwise
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "wrongful loss" as the loss by unlawful means of property to which the person losing it is legally entitled, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A loss of property caused by lawful means, such as seizure or sale under a valid court order
- A loss suffered by a person who was not legally entitled to the property in the first place
- Ordinary business losses or a drop in market value where no unlawful means are used
- A voluntary transfer of property by the lawful owner under a valid agreement
Section 2(38) BNS: Definitions
▶
Bare Act Text
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property;
Explained in Simple Words
Section 2(38) of the Bharatiya Nyaya Sanhita (BNS) explains the expressions "gaining wrongfully" and "losing wrongfully" for the Sanhita, unless the context requires otherwise. Under this clause, a person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. Likewise, a person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
This provision applies to any person whose conduct or loss involving property is assessed under the Sanhita, and it works alongside the definitions of "wrongful gain" in Section 2(36) BNS and "wrongful loss" in Section 2(37) BNS. Because Section 2(38) BNS is a definition clause, it prescribes no punishment of its own. Any punishment is governed by the substantive offence section that applies to the facts.
Two points in the enacted wording are important for readers. First, gaining wrongfully is not limited to taking property unlawfully at the start, because wrongful retention also counts. Second, losing wrongfully covers not only being wrongfully deprived of property, but also being wrongfully kept out of any property.
Key Ingredients
- For gaining wrongfully, a person either acquires property wrongfully or retains property wrongfully
- For losing wrongfully, a person is either wrongfully deprived of property or wrongfully kept out of any property
- The definition applies across the Sanhita unless the context requires otherwise
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Defines "gaining wrongfully" to include wrongful retention as well as wrongful acquisition, and "losing wrongfully" to include being wrongfully kept out of property as well as being wrongfully deprived of property, prescribing no punishment of its own.
Real-World Example
When This Does Not Apply
- A person retains property under a valid contract, lawful lien, or court authority
- An owner is kept out of property by a lawful court order or legal attachment
- A person holds or uses property with the continuing consent of the lawful owner
- No property is wrongfully acquired or retained, and no one is wrongfully deprived of or kept out of property
Section 2(39) BNS: Definitions
▶
Bare Act Text
(39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.
Explained in Simple Words
Section 2(39) of the Bharatiya Nyaya Sanhita (BNS) is a general interpretation clause at the end of Section 2 BNS. It provides that, unless the context requires otherwise, words and expressions used but not defined in the BNS, and defined in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023, shall have the meanings respectively assigned to them in that Act and Sanhita.
This provision applies whenever a section of the BNS uses an undefined word or expression that is defined in either of those two laws. Because Section 2(39) BNS is an interpretation clause rather than an offence provision, it prescribes no punishment of its own. Any punishment is governed by the substantive BNS section in which the word or expression appears.
Two points in the enacted text are important for readers. First, a meaning is imported under Section 2(39) BNS only when the word or expression is used in the BNS but not defined in the BNS itself. Second, only definitions from the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 are imported by this clause, unless the context requires otherwise.
Key Ingredients
- A word or expression is used in the Bharatiya Nyaya Sanhita
- That word or expression is not defined in the Bharatiya Nyaya Sanhita itself
- The word or expression is defined in the Information Technology Act, 2000 or the Bharatiya Nagarik Suraksha Sanhita, 2023
- The context of the BNS provision does not require a different meaning
Punishment
🔒 None prescribed by this clause.
💰 None prescribed by this clause.
Adopts the meanings assigned in the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023 for words and expressions used but not defined in the BNS, and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- A word or expression is already defined in the Bharatiya Nyaya Sanhita itself, so the Sanhita’s own definition applies
- The context of a section requires a different meaning, since Section 2 applies unless the context otherwise requires
- A word or expression is not defined in the Bharatiya Nyaya Sanhita, the Information Technology Act, 2000, or the Bharatiya Nagarik Suraksha Sanhita, 2023
- A term is defined only in another statute that is neither the Information Technology Act, 2000 nor the Bharatiya Nagarik Suraksha Sanhita, 2023
Have questions about Section 2 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·