BNS Section 2 - Definitions.

In this Sanhita, unless the context otherwise requires:

(1) “act” includes a single act as well as a series of acts.

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

(3) “counterfeit” means a person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.
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 intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.

(4) “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.

(5) “death” means the death of a human being unless the contrary appears from the context.

(6) “dishonestly” means doing an act with the intention of causing wrongful gain to one person or wrongful loss to another person.

(7) “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, 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.
Illustrations:
(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.
Illustration: A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature.

(8) “fraudulently” means a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

(9) “gender” means 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.

(10) “good faith” means nothing is said to be done or believed in good faith which is done or believed without due care and attention.

(11) “Government” means the Central Government or a State Government.

(12) “harbour” includes the supplying of a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or assisting a person by any means to evade apprehension.

(13) “injury” means any harm illegally caused to any person, in body, mind, reputation, or property.

(14) “illegal” and “legally bound to do” mean:
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.

(15) “Judge” means a person who is officially designated as a Judge and includes:
(i) a person empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment;
(ii) a person who is one of a body of persons empowered by law to give such a judgment.
Illustration: A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(16) “life” means the life of a human being, unless the contrary appears from the context.

(17) “local law” means a law applicable only to a particular part of India.

(18) “man” means a male human being of any age.

(19) “mental illness” shall have the meaning assigned to it in clause (a) of section 2 of the Mental Healthcare Act, 2017.

(20) “month” and “year” mean:
Wherever the word “month” or the word “year” is used, it is to be reckoned according to the Gregorian calendar.

(21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything attached to the earth.

(22) “number” means:
Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

(23) “oath” includes:
A solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not.

(24) “offence” means an act made punishable by this Sanhita, but:
(a) in certain chapters and sections, it also includes acts punishable under special or local laws;
(b) the word has additional meanings in specific sections mentioned.

(25) “omission” includes a single omission as well as a series of omissions.

(26) “person” includes any company or association or body of persons, whether incorporated or not.

(27) “public” includes any class of the public or any community.

(28) “public servant” refers to individuals listed in various capacities, such as commissioned officers, judges, government officials, and others performing public duties as defined by the law.

(29) “reason to believe” means a person is said to have reason to believe a thing if he has sufficient cause to believe that thing but not otherwise.

(30) “special law” means a law applicable to a particular subject.

(31) “valuable security” means a document that creates or acknowledges a legal right or liability.

(32) “vessel” means anything made for the conveyance by water of human beings or property.

(33) “voluntarily” means causing an effect knowingly or intending it, or by means likely to cause it.

(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) “special or local law” includes provisions which modify or supplement general laws in their application to particular cases or classes of cases.

(39) “writing” includes any mode of representing or reproducing words in a visible form.