Understanding “Voluntarily” in the BNS
The BNS define “voluntarily” in Section 2(33), stating:
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.
This definition aligns with the corresponding definition in the IPC (Section 39).
Explanation:
The definition establishes two key elements for an act to be considered “voluntary”:
- Intention: The person acted with the specific purpose of bringing about the effect in question.
- Knowledge or Reasonable Belief: Even if the person did not intend to cause the specific effect, they knew or had reasonable grounds to believe that their actions were likely to cause it.
Illustration:
The Bharatiya Nyaya Sanhita provides an illustration to clarify the concept:
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.
In this scenario, even though A’s primary intention was robbery, not murder, the act of setting fire to an inhabited house at night demonstrates a clear understanding of the potential for causing death. Therefore, the resulting death is considered “voluntary” under the BNS, even without explicit intent to kill.
Key Points:
- The definition of “voluntarily” focuses on the mental state of the person committing the act. It considers both their intention and their knowledge or belief about the likely consequences of their actions.
- The Bharatiya Nyaya Sanhita maintains consistency with the IPC in defining “voluntarily.” This suggests that established legal precedents and interpretations regarding this concept will likely continue to apply under the BNS.
The concept of “voluntarily” is crucial in criminal law, as it helps determine the level of culpability and the appropriate punishment for an offence. By understanding this definition, one can better grasp the legal implications of actions and the circumstances under which they can be deemed criminal offences under the BNS.
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