Redefining “Offence” in the BNS: A Shift in Scope and Applicability
There is recent significant changes to the definition of “offence” in the BNS,” expanding its scope and clarifying its applicability in specific contexts compared to the previous IPC.
Section 2(24): the definition of “offence” in the BNS with Exceptions
The BNS defines “offence” in Section 2(24), stating that “Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word ‘offence’ means a thing made punishable by this Sanhita”. This broad definition encompasses any act or omission that the BNS explicitly declares punishable.
However, sub-clauses (a) and (b) introduce exceptions, broadening the scope of “offence” in certain situations:
- Sub-clause (a): In Chapter III (General Exceptions) and several listed sections (8(2-5), 9, 49, 50, 52, 54-61, 119, 120, 123, 127(7-8), 222, 230, 231, 240, 248, 250, 251, 259-263, 308(6-7), 330(2)), the word “offence” expands to include acts punishable “under this Sanhita, or under any special law or local law”. This means that in these specific contexts, the concept of “offence” encompasses violations not only under the BNS but also under other relevant legal frameworks.
- Sub-clause (b): In sections 189(1), 211, 212, 238, 239, 249, 253, and 329(1), “offence” extends to acts punishable under special or local laws, but only if those acts are punishable with “imprisonment for a term of six months or more”. This provision sets a threshold for considering violations under other legal frameworks as “offences” within these particular sections.
These exceptions highlight that the definition of “offence” in the BNS is not strictly limited to acts explicitly criminalized within the BNS itself. It acknowledges that the concept of “offence” can encompass violations of other laws, particularly in contexts related to general exceptions, abetment, false evidence, and criminal trespass.
Extra-Territorial Applicability
Section 1(5) further clarifies that “The provisions of this Sanhita shall also apply to any offence committed by—”:
- Any citizen of India in any place without and beyond India. This establishes the BNS’s jurisdiction over offences committed by Indian citizens even outside of India.
- Any person on any ship or aircraft registered in India wherever it may be. This extends the BNS’s reach to offences committed on Indian-registered vessels or aircraft, regardless of their location.
- Any person in any place without and beyond India committing an offence targeting a computer resource located in India. This provision addresses cybercrime, ensuring that the BNS can be applied to offences committed outside India that target computer systems within the country.
The explanation to this section reinforces this extra-territorial application, stating that “the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita”.
These provisions demonstrate the BNS’s intention to assert jurisdiction over offences committed by Indian citizens abroad, on Indian-registered transportation, and through cybercrime targeting India. This signifies a broader scope of “offence” compared to the IPC, reflecting the BNS’s responsiveness to transnational crime and its impact on India.
Significance of the Changes in the definition of “offence”
The changes in the definition of “offence” in the BNS represent a significant shift in legal perspective. By:
- Expanding the definition to include violations of other laws in specific contexts,
- Extending its applicability to offences committed outside India by Indian citizens and on Indian-registered transportation, and
- Addressing cybercrime targeting India,
the BNS creates a more comprehensive and adaptable legal framework. This demonstrates a recognition of the evolving nature of criminal activity and the need for a more encompassing approach to addressing “offences” that may not be explicitly defined within the BNS itself.
READ MORE : Complaint and FIR Cr.P.C : Understanding their Significance in Criminal Procedure Code
Section 104 The burden of proof in the Bharatiya Sakshya Adhiniyam 2023
