Section 2 of the “Bharatiya Nyaya Sanhita, 2023” introduces a set of definitions and explanations that closely align with certain concepts outlined in Sections 6 to 52 of the Indian Penal Code (IPC). These definitions are designed to facilitate a comprehensive understanding of legal terms and concepts within the context of the new Sanhita. Several definitions from the IPC, such as those related to “act,” “animal,” and “death,” are echoed in the Sanhita’s text. Moreover, the Sanhita’s inclusion of terms like “dishonestly,” “fraudulently,” and “good faith” is consistent with the principles elucidated in the IPC.
While the specific numbering and structure differ between the two legal documents, the provided text of the Sanhita serves a similar purpose to Sections 6 to 52 of the IPC. The Sanhita elucidates key concepts such as “counterfeit,” “voluntarily,” and “wrongful gain,” aligning with the corresponding ideas in the IPC. Notably, the Sanhita elaborates on definitions like “public servant,” “gender,” and “document,” incorporating modern concepts and their legal interpretations.
It’s worth highlighting that while some terms and concepts present in the IPC might not find direct correspondence in the provided text, the Sanhita strives to capture the essence of legal definitions and explanations that are essential for legal proceedings. Overall, the “Bharatiya Nyaya Sanhita, 2023” seeks to establish a foundation of legal understanding by providing a comprehensive framework of definitions and explanations, mirroring the intent behind Sections 6 to 52 of the IPC.
Sections of IPC | Bharatiya Nyaya Sanhita |
Section 6: Definitions | (1) “act” as well a series of acts as a single act; |
(2) “animal” means any living creature, other than a human being; | |
(3) “counterfeit”.––A person is said to “counterfeit” who causes… | |
(8) “fraudulently”.—A person is said to do a thing fraudulently… | |
(9) “gender”.—the pronoun “he” and its derivatives are used… | |
(10) “good faith”.—Nothing is said to be done or believed… | |
(11) “Government” means the Central Government or a State… | |
(12) “harbour”.—except as otherwise provided in this Sanhita… | |
(13) “injury” means any harm whatever illegally caused… | |
(14) “illegal”- “legally bound to do”. —The word “illegal”… | |
(15) “Judge” means a person who is officially designated… | |
(16) “life” means the life of a human being, unless the… | |
(17) “local law” means a law applicable only to a particular part… | |
(18) “man” means male human being of any age; | |
(19) “mental illness” shall have the meaning assigned… | |
(20) “month” and “year”.—Wherever the word “month” or the word… | |
(21) “movable property” includes property of every description… | |
(22) “number”.—Unless the contrary appears from the context… | |
(23) “oath” includes a solemn affirmation substituted by law… | |
(24) “offence”.—Except in the Chapters and sections mentioned… | |
Section 7: Sense of expression once explained | – |
Section 8: Gender | (9) “gender”.—the pronoun “he” and its derivatives are used… |
Explanation.–– “transgender” shall have the meaning assigned… | |
Section 9: Number | (22) “number”.—Unless the contrary appears from the context… |
Section 10: “Man, Woman” | – |
Section 11: “Person” | (26) “person” includes any company or association or body… |
Section 12: “Public” | (27) “public” includes any class of the public or any community; |
Section 13: “Queen” | Not included in the provided text. |
Section 14: “Servant of Government” | Not included in the provided text. |
Section 15: “British India” | Not included in the provided text. |
Section 16: “Government of India” | Not included in the provided text. |
Section 17: “Government” | (11) “Government” means the Central Government or a State… |
Section 18: “India” | Not included in the provided text. |
Section 19: “Judge” | (14) “Judge” means a person who is officially designated… |
Section 20: “Court of Justice” | Not included in the provided text. |
Section 21: “Public servant” | (28) “public servant” means a person falling under any of… |
Section 22: “Movable property” | (21) “movable property” includes property of every description… |
Section 23: “Wrongful gain” | (36) “wrongful gain” means gain by unlawful means of property… |
Section 24: Dishonestly | (6) “dishonestly” means doing of an act with the intention… |
Section 25: Fraudulently | (8) “fraudulently”.—A person is said to do a thing fraudulently… |
Section 26: Reason to believe | (29) “reason to believe”.—A person is said to have “reason… |
Section 27: Property in possession of wife… | – |
Section 28: Counterfeit | (3) “counterfeit”.––A person is said to “counterfeit” who… |
Section 29: Document | (7) “document” means any matter expressed or described… |
Explanation 1.—It is immaterial by what means or upon what… | |
Explanation 2.—Whatever is expressed by means of letters… | |
Section 30: Valuable security | (31) “valuable security” means a document which is, or purports… |
Section 31: A will | (6) “dishonestly” means doing of an act with the intention… |
Section 32: Illegal Omission | (36) “wrongful gain” means gain by unlawful means of property… |
Section 33: Act, Omission | Not included in the provided text. |
Section 34: Acts done by several persons in furtherance of common intention | (44) “common intention” means when two or more persons join… |
Section 35: When such an act is criminal by reason of its being done with a criminal knowledge or intention | – |
Section 36: Effect caused partly by act and partly by omission | – |
Section 37: Co-operation by doing one of several acts constituting an offence | – |
Section 38: Persons concerned in criminal act may be guilty of different offences | – |
Section 39: “Voluntarily” | (33) “voluntarily”A person is said to cause an effect… |
Section 40: Offence | (24) “offence”.—Except in the Chapters and sections mentioned… |
Section 41: “Special law” | (30) “special law” means a law applicable to a particular subject; |
Section 42: “Local law” | (29) words and expressions used but not defined in this Sanhita… |
Section 43: “Illegal” | (14) “illegal”- “legally bound to do”. —The word “illegal”… |
Section 44: “Injury” | (13) “injury” means any harm whatever illegally caused… |
Section 45: “Life” | (16) “life” means the life of a human being, unless the… |
Section 46: “Death” | (5) “death” means the death of a human being unless the… |
Section 47: “Animal” | (2) “animal” means any living creature, other than a human being; |
Section 48: “Vessel” | (32) “vessel” means anything made for the conveyance by… |
Section 49: “Year, Month” | Not included in the provided text. |
Section 50: “Section” | Not included in the provided text. |
Section 51: “Oath” | (23) “oath” includes a solemn affirmation substituted by law… |
Section 52: “Good faith” | (10) “good faith”.—Nothing is said to be done or believed… |