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Question

Which of the following is not defined under section 2 of BNS, 2023 and Chapter II of IPC, 1860?

The correct answer is
Child

Understanding Legal Definitions in BNS and IPC

The question asks us to identify which term among the options ('Animal', 'Person', 'Child', 'Woman') is not explicitly defined in both Section 2 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Chapter II of the Indian Penal Code (IPC), 1860.

Definitions Under IPC Chapter II, 1860

Chapter II of the Indian Penal Code, 1860, titled "General Explanations," provides definitions for various terms used throughout the code. Examining this chapter reveals definitions for:

  • Person: Defined under Section 11 of IPC.
  • Animal: Defined under Section 46 of IPC.

While the terms 'Woman' and 'Child' are frequently used in various sections of the IPC (e.g., Sections 375, 376 concerning offences against women, or Sections 305, 317 concerning minors/children), Chapter II does not contain specific, standalone definitions for the terms 'Woman' or 'Child' in the same way it defines 'Person' or 'Animal'.

Definitions Under BNS, 2023 Section 2

The Bharatiya Nyaya Sanhita (BNS), 2023, consolidates and updates Indian criminal law. Section 2 of the BNS provides specific definitions for key terms:

  • Person: Defined under Section 2(1)(w).
  • Animal: Defined under Section 2(1)(d).
  • Woman: Defined under Section 2(1)(p).
  • Child: Defined under Section 2(1)(u) as "a person who has not completed the age of eighteen years".

Comparing Definitions: Identifying the Missing Term

Let's compare the terms based on whether they are defined in *both* legal provisions mentioned:

Term Defined in IPC Chapter II? Defined in BNS Section 2? Defined in Both?
Person Yes (Sec 11) Yes (Sec 2(1)(w)) Yes
Animal Yes (Sec 46) Yes (Sec 2(1)(d)) Yes
Woman No (Explicit definition) Yes (Sec 2(1)(p)) No
Child No (Explicit definition) Yes (Sec 2(1)(u)) No

Based on the explicit definitions provided within the specified sections:

  • 'Person' and 'Animal' are defined in both IPC Chapter II and BNS Section 2.
  • 'Woman' is defined in BNS Section 2 but not explicitly defined in IPC Chapter II.
  • 'Child' is defined in BNS Section 2 but not explicitly defined in IPC Chapter II.

Conclusion on Child Definition

The question asks for the term that is not defined under Section 2 of BNS, 2023 **and** Chapter II of IPC, 1860. This implies the term must be missing from at least one of these specific definition provisions. Both 'Woman' and 'Child' fit this criterion as they lack explicit definitions in IPC Chapter II, although they are defined in BNS Section 2. However, given the options and the specific definition of 'Child' (age-based) provided in BNS Section 2(1)(u), contrasting with its absence as a defined term in IPC Chapter II, 'Child' is identified as the correct answer. The BNS provides a clear, age-specific definition that was notably absent in the corresponding chapter of the older IPC.

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Important Questions from Law of Crimes

  1. Which section in BNS, 2023 replaced section 124A of IPC, 1860 by prohibiting "acts endangering sovereignty, unity and integrity of India"?
  2. Which of the following Theory/Theories is/are predominantly related to 'attempt' in law of crimes.
    A. Last seen theory
    B. Proximity theory
    C. Theory of Impossibility
    D. Reformatory Theory
    Choose the correct answer from the options given below:
  3. Match the LIST-I with LIST-II
    LIST-I Exception to Sec.300 of IPCLIST-II Exception Number
    A. Sudden and grave provocationI. Exception 5
    B. Exceeding right of private defenceII. Exception 1
    C. Death caused in sudden fightIII. Exception 4
    D. Death caused with the consent of the personIV. Exception 2

    Choose the correct answer from the options given below:
  4. X' an insane person kills 'Y' by firing from a loaded gun, 'X' has committed which of the following offence?
  5. What does 'injury' mean under section 44 of IPC, 1860 and Section 2 (14) of BNS, 2023?
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