Code: Section 3 BNS
Section 3 – General Explanations
(1) Throughout this Sanhita, every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled General Exceptions, though those exceptions are not repeated in such definition, penal provision, or illustration.
Illustrations
(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
(2) Every expression which is explained in any Part of this Sanhita is used in every Part of this Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk, or servant on account of that person, it is in that person’s possession within the meaning of this Sanhita.
Explanation: A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this sub-section.
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
Illustration: A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally
omits to supply Z with food; in consequence of which Z is much reduced in strength, but the
starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds
him. B, without collusion or cooperation with A, illegally omits to supply Z with food,
knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,
but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.
(9) Where several persons are engaged or concerned in the commission of a criminal
act, they may be guilty of different offences by means of that act.
Illustration.
A attacks Z under such circumstances of grave provocation that his killing of Z would
be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here,
though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty
only of culpable homicide.
Explanation of Section 3 BNS
Section 3 of Bharatiya Nyaya Sanhita (BNS) lays down fundamental legal principles to ensure uniform interpretation across the law. It provides clarifications, exceptions, and rules of liability that apply to offences.
- Clause (1): Establishes that all offence definitions and penalties must be read in conjunction with the General Exceptions.
- Clause (2): Ensures uniform interpretation of legal expressions across the Sanhita.
- Clause (3): Defines possession in legal terms, including property held by spouses, clerks, and servants.
- Clause (4): Expands the meaning of acts done to also include illegal omissions.
- Clause (5): States that all persons involved in a criminal act with common intention are equally liable.
- Clause (6): Holds multiple offenders accountable if they act with criminal intent.
- Clause (7): Clarifies that both acts and omissions can contribute to an offence.
- Clause (8-9): Explains criminal liability when multiple acts contribute to the same offence.
Illustration of Section 3 BNS
Example Case Study:
A and B agree to murder Z by poisoning him in small doses. Both administer the poison separately, leading to Z’s death. Under Section 3(8) BNS, both A and B are guilty of murder, even though their acts were separate.
Common Questions on Section 3 BNS
1. Why is Section 3 important in BNS?
Section 3 is crucial because it provides a legal framework for understanding offences and their exceptions. It ensures that laws are interpreted consistently.
2. Does Section 3 cover criminal liability for omissions?
Yes, as per Section 3(4) BNS, criminal liability extends to illegal omissions, meaning failing to act can also be an offence.
3. What is “Common Intention” under Section 3?
Common intention refers to a situation where multiple persons act together in furtherance of the same criminal act. Under Section 3(5) BNS, all participants are equally responsible.
4. How does Section 3 relate to “Possession” of Property?
According to Section 3(3) BNS, property held by a spouse, servant, or clerk on someone’s behalf is considered in their possession.
5. Can a person be guilty of murder through omission?
Yes. For example, if a jailor deliberately denies a prisoner food, resulting in death, he can be held guilty of murder under Section 3(7) BNS.
Conclusion
Section 3 of the Bharatiya Nyaya Sanhita (BNS) is a fundamental provision that ensures uniformity in legal interpretation. It clarifies key concepts like common intention, illegal omissions, and possession while ensuring that offences and penalties are understood with exceptions. This section plays a crucial role in criminal jurisprudence by setting clear legal principles for courts and legal professionals.
🔗 Read more about related sections:
- Section 3 BNS – General Explanations
- Section 4 BNS – Definitions of Offences
- Full BNS Bare Act
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