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.
Important Questions from Law of Crimes
Match the LIST-I with LIST-II
LIST-I LIST-II A. Deterrent Theory of Punishment I. To maintain social order and ensure absence of crime in the society B. Retributive Theory of Punishment II. To stop others from committing similar crimes C. Reformative Theory of Punishment III. To return the same quantum of harm inflicted by the convict D. Preventive Theory of Punishment IV. To improve the mindset of the convict and ensure rightful thinking
Choose the correct answer from the options given below:- Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :
Assertion (A) : Nullum Crimen is an injunction to the legislature not to implicate all the suspected persons to be prosecuted.
Reason (R) : To avoid impossibility and to settle the question, the legislature must have to use administrative ruling.
Codes : - Read Assertion (A) and Reason(R) and with the help of codes given below find the correct explanation :
Assertion (A) : Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary.
Reason (R) : Physical presence at the time of commission of crimes is not mandatory in all cases.
Codes : - Which of the mitigating factors do not justify the award of death penalty ?
- Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :
Assertion (A) : The gist of conspiracy lies in forming the scheme between two or more persons to perform the overt act.
Reason (R) : The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy.
Codes :
