Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Definitions > Definitions Related to Human Beings in BNS
Human beings are distinguished from other species not just by their capacity for criminality, but by the complexity and variety of crimes they commit and the systems they have developed to address criminal behaviour. Criminality in humans arises from an intricate combination of biological, psychological, social, and environmental factors. While criminal behaviour can be influenced by inherent traits and life circumstances, the criminal justice system serves to manage, punish, and rehabilitate individuals who break societal norms. Understanding criminality requires a nuanced approach that considers the many dimensions of human nature and societal functioning. In this article, let us discuss definitions related to human beings in the Bharatiya Nyaya Sanhita, 2023.
Animal
According to Section 2(2) of the Bharatiya Nyaya Sanhita, 2023 โanimalโ means any living creature, other than a human being.
Animals themselves cannot be held criminally liable because they lack the capacity for criminal intent or understanding of the law. In criminal law, liability generally requires a guilty mind (mens rea) and a guilty act (actus reus), which animals cannot possess. Therefore, animals cannot be charged with crimes, as they do not have the cognitive ability to commit criminal acts intentionally. However, there are some exceptions in certain legal contexts that may indirectly involve animals:
- Dangerous Animals and Liability: While animals themselves cannot be criminally charged, owners of dangerous animals may be held criminally or civilly liable for incidents involving their animals. For instance, if a person owns a dog that attacks someone and the owner failed to control the animal, the owner could face charges, such as reckless endangerment or assault, depending on the circumstances. In some jurisdictions, owners of vicious or dangerous animals can be required to ensure that their pets do not pose a danger to the public. If the animal attacks someone, the owner can be held criminally liable for negligence or failure to control the animal.
- Animal Cruelty by Owners: If an animal causes harm due to mistreatment or neglect, the owner can face criminal charges. For example, if an animal is used for criminal activities like dog fighting or if an owner abuses or neglects an animal to the point of causing it harm or death, the human owner can face charges of animal cruelty.
- Animals in Legal Cases (e.g., Property Destruction): In rare cases, an animalโs actions may be part of a civil case (not criminal). For example, if a pet causes destruction to someoneโs property (e.g., tearing up furniture or attacking another animal), the petโs owner could be liable for damages. In some extreme cases, if an animal is deemed to be a continuous threat, courts can issue an order for the animal to be put down or removed from the ownerโs care to prevent further harm.
- Animals in the Context of Criminal Behaviour: There are instances where animals might be involved in crimes as part of a larger criminal scheme. For example, an animal may be trained to assist in illegal activities, such as carrying drugs, smuggling contraband, or participating in attacks. In these cases, itโs the humans involved in these activities who are held criminally responsible, not the animals themselves.
- Cases of Animals as Instruments of Crime: In some cases, animals may be used as tools or instruments to commit crimes, such as using a dog for burglary or theft (e.g., as part of a criminal group that trains dogs to steal). The law would punish the humans involved, not the animal.
Child
According to Section 2(3) of the Bharatiya Nyaya Sanhita, 2023 โchildโ means any person below the age of eighteen years.
Children can be criminally liable in certain circumstances, but the way in which they are held accountable for criminal behaviour differs significantly from adults. In most legal systems, there are special rules and considerations when it comes to the criminal liability of minors. These rules typically take into account the childโs age, mental state, and capacity to understand the consequences of their actions.
Age of Criminal Responsibility:
Different countries and regions have minimum ages of criminal responsibility (often referred to as the โage of criminal responsibilityโ). This is the age below which a child cannot be held criminally responsible for their actions, as it is assumed they are not capable of understanding right from wrong.
For example, in India, Section 20 BNS exempts a child below 7 years of age from criminal liability. While Section 21 BNS provides that nothing is an offence which is done by a child above seven years of age and under 12, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conductย on that occasion. In a childโs life the period between 7 and 12 years of age is rather the twilightย period of transition to a minimalย workable level of understanding of things in the firmament of a worldly affairs. And that is why, both the Bharatiya Nyaya Sanhita, 2023 and the Oaths Act have made special provisions for children below 12 years in respect of matters dependent on a minimal power of understanding.
The proof of attainment of sufficient maturity can be derived at by a court on the consideration of all the circumstances of the case. It can be inferred from the nature of the act and his subsequent conduct and other allied factors such as his demeanour and appearance in the court. It need not be proved by the prosecution by positive evidence.
Inย Ulla Mahapatra v. The King, AIR 1950 Ori 261case, where a boy eleven and below twelve picked up his knife and advanced towards another. He threatened the other by saying that he would cut him into bits and did actually what he said. It was held that he was having sufficient maturity of understanding, because he did what he intended.
Inย Abdul Satar v. The Crown, AIR 1949 Lah 51ย case, where two accused both under the age of twelve, broke through the locks of two stores and walked inside with the purpose to steal. They used the defence of a lack of maturity. The court ruled that the accusedโs behaviour of opening the shopโs locks demonstrates his maturity level.
Beyond the age of 12, there is no immunity from criminal liability, even if the offender is a person of undeveloped and incapable of understanding the nature and consequences of his act. All these juveniles in conflict with law is now governed by Juvenile Justice Act, 2015.The perusal of JJ act makes clear that it is not giving any punishment for juveniles but at the same time it is not exonerating the juveniles from criminal liability. But it would appear that something akin to immunity is provided to delinquent juveniles under this Act.
Man / Woman
According to Section 2(19) of the Bharatiya Nyaya Sanhita, 2023 โmanโ means male human being of any age and According to Section 2(35) of the Bharatiya Nyaya Sanhita, 2023 โwomanโ means a female human being of any age.
In State of Punjab v. Major Singh AIR 1967 SC 63 case, where there was an incident of an assault on a girl child of seven and half months. The accused was prosecuted under Section 354 IPC (S. 74 BNS), Assault or criminal force to woman with intent to outrage her modesty. The Court held that the essence of a womanโs modesty is her sex. The modesty of an adult female is writ large on her body. Young or old, intelligent or imbecile, awake or sleeping, the woman possesses modesty capable of being outraged. The culpable intention of the accused is the crux of the matter. The reaction of a woman is very relevant but is not always decisive. This victim had not developed a sense of shame and had no awareness of sex. Nevertheless, even a female of tender age from her very birth possesses the modesty which is the attribute of her sex. ย Hence the accused was held guilty and was convicted under Section 354 of the Indian Penal Code (S. 74 BNS).
In this case, the Court has used Section 2(35) BNS to define the term โwomanโ with Section 74 BNS.
In Emperor v. Tatia (1912) 14 Bom LR 961 Case, wherein the accused took a girl six years old to his room and made her lie down and he lay on her. The girl immediately screamed and managed to run away. The lower Court was apparently of the opinion that `the girl being only six years old was too young to have any sense of modesty developedโ and sentenced a fine of Rs. 60 only U/s. 352 of IPC (S. 131 BNS). But the Honโble Justice Batchelor and Justice Rao of Bombay High Court clarified that under section 10 of the IPC the word `womanโ denotes a human being of any age and the girl screamed and ran away when the accused began his assault on her. This is a clear indication that she felt her modesty to be outraged by the accusedโs conduct. The Court held that the act of the accused was punishable under Section 354 of IPC (S. 74 BNS).
Gender:
According to Section 2(10) of the Bharatiya Nyaya Sanhita, 2023, the pronoun โheโ and its derivatives are used of any person, whether male, female or transgender. Explanation attached to section 2(10) BNS says that โtransgenderโ shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019).
According to Section 13(1) of the General Clauses Act, 1897 โunless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females and vice versaโ.
| Pronoun | Its Derivatives |
| He | his, him, himself |
| She | her, her, herself |
Illustrations:
Section 144 in the Bharatiya Nagarik Suraksha Sanhita, 2023
Order for maintenance of wives, children and parents.
- If any person having sufficient means neglects or refuses to maintain-
- โฆ
- โฆ
- โฆ
- his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenanceย โฆ..
Using provisions of the General Clauses Act, 1897, we can read the above section as follows:
Section 144 in the Bharatiya Nagarik Suraksha Sanhita, 2023
Order for maintenance of wives, children and parents.
- If any person having sufficient means neglects or refuses to maintain-
- โฆ
- โฆ
- โฆ
- her father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenanceย โฆ..
In Dr. Vjaya Manohar Arbat v. Kashirao Rajaram, AIR 1987 SC 1100 case, Aย preliminary objection was raised to the effect by Special Leave Petition in the Apex Court,ย that an application under section 125(1)(d) Criminal Procedure Code (S. 144 BNSS) by a father to claim maintenance from his daughter was not maintainable as a plain reading of Section 125 (1) (d) (S. 144 BNSS) clearly indicate that parents can claim maintenance from their son only. The Court observed that the object of section 125 Criminal Procedure Code (S. 144 BNSS) is to provide a summary remedy to save dependents from destitution and vagrancy and thus to serve a social purpose.ย There can be no doubt that it is the moral obligation of a son or a daughter to maintain his or her. The Court held that Section 125 of CrPC (S. 144 BNSS) should be read with Section 13(1) of the General Clauses Act, 1897 and Section 8 of the IPC (Ss. 2(10) BNS). The Court further held that married daughters may be ordered to pay maintenance to their parents.
Other Important Definitions Related to Human Being:
Death
According to Section 2(6) of the Bharatiya Nyaya Sanhita, 2023, โdeathโ means the death of a human being unless the contrary appears from the context
Life
According to Section 2(17) of the Bharatiya Nyaya Sanhita, 2023, โlifeโ means the life of a human being, unless the contrary appears from the context.
Person
According to Section 2(26) of the Bharatiya Nyaya Sanhita, 2023, โpersonโ includes any company or association or body of persons, whether incorporated or not.
Thus a company, association, or body of persons, whether incorporated or not is an artificial person or judicial person. A company is an artificial entity whose eyes and brains are directors. Hence directors can be prosecuted for misdeed of company.
Public
According to Section 2(27) of the Bharatiya Nyaya Sanhita, 2023, โpublicโ includes any class of the public or any community.
Number
According to Section 2(22) of the Bharatiya Nyaya Sanhita, 2023, 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.
Conclusion:
Studying definitions related to human beings in criminal law is crucial for several reasons. First, criminal law is centered on human actions, and understanding who is considered a โpersonโ or โhuman beingโ determines who can be held criminally liable. Definitions help distinguish between different individuals, such as minors, adults, men, women and mentally incapacitated persons, and influence how the law applies to them.
The definitions in criminal law help establish the boundaries of rights and protections for individuals. Definitions related to human beings help ensure that the legal system can adapt to evolving societal values, such as recognizing the rights of individuals with disabilities or addressing contemporary issues like digital crimes. Ultimately, definitions provide clarity and consistency, which are foundational for the fair application of criminal law.