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Comparative Analysis of the Definitions under IPC & BNS
« »25-Oct-2024
Introduction
- Chapter I of the Bharatiya Nyaya Sanhita, 2023 (BNS) covers the provision of definition.
- Section 2 of BNS deals with the definitions.
- The following is a comparison between the definition clauses under the old and new penal laws.
Section/Sub-Section of BNS, 2023 |
Terminology
|
Section/Sub-Section of IPC,1860 |
Description |
2 |
Definitions |
|
Under IPC, no consolidation of definition was provided instead independent sections were given for the same. |
2(1) |
Act |
33 |
Under IPC, the definition of act and omission were given together while in BNS both are given separately. |
2(2) |
Animal |
47 |
Same as before |
2 (3) |
Child |
New |
It is defined as - any person below the age of eighteen years. |
2(4) |
Counterfeit |
28 |
Same as before |
2 (5) |
Court |
20 |
The only difference in the definition is BNS excludes the provision and uses “court” instead of “Court of Justice”. |
2(6) |
Death |
46 |
Same as IPC |
2(7) |
Dishonestly |
24 |
Words “whoever does” and “is said to do that thing dishonestly” are excluded under BNS. |
2(8) |
Document |
29 and 29A |
Words “and includes electronic and digital record” are added. BNS Section 2(8) incorporates both the sections 29 and 29A of IPC and adds digital records. |
2(9) |
Fraudulently |
25 |
Phraseology changed but essence is same in both IPC and BNS. |
2(10) |
Gender |
8 |
Word "transgender” is added apart from genders of "male" and "female" under BNS. |
2(11) |
Good faith |
52 |
Same as before |
2 (12) |
Government |
17 |
Words “Government of a State” are replaced by “State Government” under BNS. |
2 (13) |
Harbour |
52 |
Same as before |
2 (14) |
Injury |
44 |
Word “denotes” is replaced with “means” under BNS. |
2 (15) |
Illegal and legally bound to do |
43 |
Same as before |
2 (16) |
Judge |
19 |
Simplified the definition of Judge, paragraphs are given numbers (i) and (ii). Out of four illustrations, only (b) is kept, while (a), (c), and (d) are excluded under BNS. |
2 (17) |
Life |
45 |
Word “denotes” is replaced with “means” under BNS. |
2 (18) |
Local Law |
42 |
Same as before |
2 (19) |
Man |
10 |
The word “denotes” is replaced with “means” Unlike in IPC Section 10, “man” and "woman" are bifurcated into two subsections, 2(19) and 2(35) in BNS. |
2 (20) |
Month and Year |
49 |
“British calendar” is replaced by “Gregorian calendar” under BNS. |
2(21) |
Movable Property |
22 |
By removing the word “corporeal” the scope is expanded under BNS. |
2(22) |
Number |
9 |
Same as before |
2(23) |
Oath |
51 |
'Court of Justice' is changed to 'Court' under BNS. |
2 (24) |
Offence |
40 |
Word “denotes” is replaced by “means” under BNS. |
2(25) |
Omission |
33 |
Under IPC the definition of act and omission were given together while in BNS both are given separately.
|
2(26) |
Person |
11 |
Same as before |
2 (27) |
Public |
12 |
Same as before
|
2 (28) |
Public servant |
21 |
“Military, Naval” are replaced by “Army, and Navy” respectively. “Juryman” is excluded under BNS. |
2 (29) |
Reason to believe |
26 |
Same as before |
2 (30) |
Special Law |
41 |
The word ‘is' is replaced by 'means' under BNS. |
2(31) |
Valuable Security
|
30 |
Word “denotes” replaced by “means” under BNS |
2(32)
|
Vessel |
48 |
Word “denotes” replaced by “means” under BNS |
2(33)
|
Voluntarily |
39 |
Same as before |
2(34)
|
Will |
31 |
"A will" is replaced by "Will" under BNS. |
2(35)
|
Woman |
10 |
The corresponding section of the IPC contains definitions of man and woman both whereas the BNS deals with them in separate provisions 2(19) and 2(35), respectively. |
2(36)
|
Wrongful gain |
23 (1) |
Word "is" is replaced by "means" under BNS. |
2(37)
|
Wrongful loss |
23(2) |
Same as before |
2(38)
|
Gaining wrongfully, Losing wrongfully |
23(3) |
Same as before |
2(39)
|
Words and expressions used but not defined. |
29A |
The scope of Section 29A IPC is broadened. For words and expressions used in BNS but not defined in BNS but defined in IT Act, 2000 and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), they shall have the meanings respectively assigned to them in that Act and Sanhita |
Conclusion
The consolidation of definitions under the BNS represents a significant modernization of India's criminal law framework. By bringing together and updating various legal definitions in one place, the BNS makes the law more accessible and easier to understand for both legal professionals and ordinary citizens. This unified approach removes ambiguities that existed when definitions were scattered across different laws and precedents. The consolidated definitions also reflect contemporary realities by incorporating modern crimes, especially in areas like technology and organized crime. This helps law enforcement and courts deal more effectively with current criminal challenges. Moreover, having standardized definitions across the criminal justice system promotes more consistent application of the law and fairer outcomes in criminal cases. The consolidation effort also aligns with global best practices in criminal law while maintaining relevance to India's specific social and legal context.