Section 2 BNS। New criminal laws। All definition short easy trick। Judiciary, APO Exam, Law exam

Definition of Section 2 BNS
In this Sanhita, unless the context otherwise requires,––

(1) “act” denotes as well a series of acts as a single act;

(2) “animal” means any living creature, other than a human being;

(3) “child” means any person below the age of eighteen years;

(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.—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.

(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;

(10) “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;

(11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention;

(12) “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.

(34) “will” means any testamentary document;

(35) “woman” means a female human being of any age;

(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; and

(39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000