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Bharatiya Nyaya Sanhita, 2023 Chapter I · Preliminary
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Bharatiya Nyaya Sanhita, 2023 — Section 3

General Explanations

Section 3 lays down nine general interpretive rules that apply throughout the Sanhita — from reading every offence subject to the General Exceptions chapter, to constructive possession through a spouse, clerk, or servant, to how liability is shared among people who act together with a common intention or who cooperate in causing the same criminal effect.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 3 is a Merged provision — it consolidates nine separate IPC “General Explanations” sections into one section with nine sub-sections, each mapping one-to-one onto its own old IPC provision:

BNS 3CoversIPC, 1860 equivalentCategory
3(1)Subject to General ExceptionsS.6 “Definitions in the Code to be understood subject to exceptions”Exact
3(2)Consistent meaning of defined expressionsS.7 “Sense of expression once explained”Exact
3(3)Constructive possession via spouse, clerk or servantS.27 “Property in possession of wife, clerk or servant”Substantively changed
3(4)Acts extend to illegal omissionsS.32 “Words referring to acts include illegal omissions”Exact
3(5)Liability for acts done in furtherance of common intentionS.34 “Acts done by several persons in furtherance of common intention”Exact
3(6)Liability where the act is criminal only by reason of knowledge/intentionS.35Exact
3(7)Effect caused partly by act and partly by omissionS.36Exact
3(8)Cooperation by doing one of several acts constituting an offenceS.37Exact
3(9)Persons concerned in a criminal act may be guilty of different offencesS.38Exact

Sub-sections (1), (2), and (4) through (9) carry over unchanged in substance and wording (allowing for “Code”/“Sanhita” and minor spelling updates such as “co-operates” to “cooperates”) from IPC Sections 6, 7, 32, 34, 35, 36, 37, and 38 respectively, including their built-in illustrations. The only further differences are corrections of printing slips visible in the IPC text used for this comparison: the illustration to IPC Section 6 reads “which done by child” where BNS 3(1) reads “which is done by a child”; the illustration to IPC Section 36 reads “party by beating Z” where BNS 3(7) reads “partly by beating Z”; and illustration (b) to IPC Section 37 reads “Z dues of hunger” where BNS 3(8) reads “Z dies of hunger”. Sub-section (3) is the one genuine textual delta of substance: old IPC Section 27 read “When property is in the possession of a person's wife, clerk or servant”; BNS 3(3) reads “When property is in the possession of a person's spouse, clerk or servant.” (Its Explanation also now refers to “this sub-section” where IPC 27 said “this section”.) The substitution of “spouse” for “wife” makes the constructive-possession rule apply symmetrically regardless of which spouse holds the property on the other's account, rather than being drafted only for a husband holding property through his wife.

Quick Reference

Section 3 is a general-interpretation provision, not a penal one — it creates no offence of its own, so no BNSS First Schedule entry, punishment, cognizable/non-cognizable, bailable/non-bailable, or compoundable/non-compoundable classification applies to it. The equivalent “at a glance” facts:

Applies to: every definition of an offence and every penal provision throughout the Sanhita, which must be read subject to the General Exceptions chapter even where the exception is not repeated in the definition itself.
Governs: consistent meaning of defined expressions across the Sanhita; when property held by a spouse, clerk, or servant counts as being in another person's possession; when a reference to an “act” includes an illegal omission; and how criminal liability is shared among multiple people acting with a common intention, shared criminal knowledge, or by contributing different acts to the same offence or effect.
Nature: rules of construction and of shared liability that apply throughout the Sanhita; sub-section (4) itself adds that it applies “except where a contrary intention appears from the context”.

Statutory Text (Verbatim)

(1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration.

Illustrations.
(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation.

(3) When property is in the possession of a person's spouse, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Sanhita.

Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section.

(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

(5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration.
A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Illustrations.
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.

(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

Illustration.
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

(1) Subject to General Exceptions

Explanation (Lexovia's Commentary)

Sub-section (1) is a drafting-economy rule: rather than repeating every General Exception (such as the exceptions for a child under seven, unsoundness of mind, or acts done under legal compulsion) inside every single offence-defining section, the Sanhita states each offence's ingredients on their own, and this sub-section confirms that all of them are always read subject to the General Exceptions chapter regardless of whether that chapter is mentioned in the particular section. A prosecutor or court applying any offence-defining section must therefore always check whether a General Exception removes criminal liability, even where the section creating the offence says nothing about exceptions at all.

Illustration (Lexovia's Own Example)
A section of the Sanhita defines an offence in terms that, read literally, would capture an act done by a person of unsound mind. That section does not itself repeat the General Exception for unsoundness of mind. Sub-section (1) confirms that the definition is still to be read subject to that exception, so a person meeting the exception's conditions is not guilty of the offence despite the definition's own silence on the point.

(2) Consistent meaning of defined expressions

Explanation (Lexovia's Commentary)

Sub-section (2) fixes a single, stable meaning for every expression the Sanhita itself explains — once an expression is explained anywhere in the Sanhita, that same explanation governs every other use of the expression throughout the Sanhita, not just the Part in which it happens to be explained. This prevents a reader (or a court) from having to ask, section by section, whether a defined word might mean something different in a different Part of the Act; it also prevents inconsistent interpretation of the same term across different offences.

Illustration (Lexovia's Own Example)
An expression is explained in the Part of the Sanhita dealing with offences against the human body. That same expression later appears, unexplained afresh, in a different Part of the Sanhita dealing with offences against property. Sub-section (2) requires the property-offences Part to read that expression in conformity with the explanation already given in the body-offences Part, rather than allowing a separate, inconsistent meaning to develop.

(3) Constructive possession via spouse, clerk or servant

Explanation (Lexovia's Commentary)

Sub-section (3) extends the meaning of “possession” for the whole Sanhita: where property is physically held by a person's spouse, clerk, or servant, but held on that person's account (that is, for that person's benefit or under that person's direction), the property is treated as being in that person's own possession, not merely in the possession of the spouse, clerk, or servant who physically holds it. The Explanation attached to this sub-section widens “clerk or servant” further, to include someone employed only temporarily or for a single occasion in that capacity — a person does not need to be a permanent employee to trigger this rule. This matters throughout the Sanhita wherever an offence turns on whether property was in a particular person's possession (theft, criminal misappropriation, criminal breach of trust, and similar offences all build on this constructive-possession concept).

Illustration (Lexovia's Own Example)
A hires B for a single day to carry cash on A's behalf to a bank. While B is physically carrying the cash, it is, by sub-section (3), in A's own possession within the meaning of the Sanhita, because B holds it on A's account and B's engagement — even though only for that one occasion — makes B a “servant” for this sub-section's purposes.

(4) Acts extend to illegal omissions

Explanation (Lexovia's Commentary)

Sub-section (4) prevents offences drafted in terms of “acts” from being read as applying only to positive conduct and never to a failure to act. Wherever the Sanhita refers to an act done, that reference also extends to an illegal omission — a failure to do something the person was legally bound to do — unless the context of the particular provision shows a contrary intention. This is what allows offences that are, in substance, about causing a result (such as death or injury) to be committed just as much by deliberately withholding something the accused was legally obliged to provide as by taking a direct, positive action.

Illustration (Lexovia's Own Example)
A provision of the Sanhita is worded in terms of a person who “does any act” likely to cause harm to another. A, who is legally bound to administer a prescribed medicine to a person in A's care, deliberately withholds it, causing the harm the provision is meant to prevent. By sub-section (4), A's illegal omission is treated as an act for the purposes of that provision, since nothing in its context shows a contrary intention.

(5) Liability for acts done in furtherance of common intention

Explanation (Lexovia's Commentary)

Sub-section (5) is the Sanhita's common-intention rule: where a criminal act is done by several people acting in furtherance of a shared intention held by all of them, each participant is made liable for that act exactly as if that person alone had done the whole thing. Two elements matter: first, there must be a common intention shared by all the participants (not merely each person having their own separate intention that happens to align); second, the act must be done in furtherance of that shared intention. Once both are shown, the law does not ask which participant physically carried out which part of the act — each is fixed with liability for the entire criminal act as if done by that person alone.

Illustration (Lexovia's Own Example)
A and B together plan to rob a shop, with A standing guard at the door while B enters and takes the goods, both having agreed in advance on this plan and both sharing the intention that the robbery be carried out. Even though only B physically takes the goods, sub-section (5) makes A liable for the robbery in the same manner as if A had personally taken the goods, because the act was done by B in furtherance of the common intention both shared.

(6) Liability where the act is criminal only by reason of knowledge or intention

Explanation (Lexovia's Commentary)

Sub-section (6) addresses a narrower situation than sub-section (5): here, the act itself is not inherently criminal — it becomes criminal only because of the particular knowledge or intention with which it is done. Where such an act is carried out by several people, only those among them who actually joined in the act while personally holding that criminal knowledge or intention are liable, and each such person is liable as if that person alone had done the act with that knowledge or intention. A participant who joined the act without sharing the relevant guilty knowledge or intention is not fixed with liability under this sub-section merely by physical participation.

Illustration (Lexovia's Own Example)
A and B jointly move a quantity of goods from one place to another. The act of moving goods is not itself criminal, but A, unlike B, knows the goods are stolen property. B honestly believes the goods are legitimately owned. Only A, who joined the act with the relevant guilty knowledge, is liable under sub-section (6); B, who lacked that knowledge, is not fixed with liability under this sub-section for the same act.

(7) Effect caused partly by act and partly by omission

Explanation (Lexovia's Commentary)

Sub-section (7) closes a gap that could otherwise arise where an offence is defined in terms of causing (or attempting to cause) a particular effect: it confirms that causing that effect partly through a positive act and partly through an omission is treated as the very same offence as causing it wholly by an act, or wholly by an omission. A person cannot escape liability for an offence defined by its effect merely because part of the causal chain was an act and part was a failure to act; the two are not treated as separate, lesser categories of wrongdoing.

Illustration (Lexovia's Own Example)
A intentionally causes injury to Z partly by striking Z and partly by illegally withholding medical treatment A was bound to arrange for Z, and Z suffers the harm the relevant provision is meant to prevent as a result of both the striking and the withholding taken together. Sub-section (7) treats this as the same offence as if A had caused the entire harm by the striking alone, or by the withholding alone.

(8) Cooperation by doing one of several acts constituting an offence

Explanation (Lexovia's Commentary)

Sub-section (8) covers an offence that is committed through several separate acts, where each participant intentionally cooperates by carrying out just one of those acts, whether alone or together with someone else. Every person who intentionally cooperates in this way commits the offence itself, not merely a lesser degree of participation in it — there is no need for any one participant to have carried out the whole course of conduct personally, so long as that participant intentionally contributed one of the acts that together constitute the offence. The statute's own three illustrations trace out how this plays out where the cooperating acts are simultaneous, where they are sequential and cumulative, and where a later act (done without collusion with the earlier actor) breaks the chain of cooperation for the earlier actor's own liability.

Illustration (Lexovia's Own Example)
A cuts the brake cables of a vehicle and B, acting on a separate agreement with A but without either of them driving the vehicle themselves, tampers with its steering, each intending that the resulting road accident kill the vehicle's driver. The driver dies from the combined effect of both acts. Under sub-section (8), both A and B, having intentionally cooperated by each doing one of the acts that together caused the death, are guilty of the offence, even though neither of them personally drove the vehicle or dealt the final blow.

(9) Persons concerned in a criminal act may be guilty of different offences

Explanation (Lexovia's Commentary)

Sub-section (9) confirms that when several people are engaged or concerned together in one criminal act, the law does not have to convict all of them of the same offence for that same act. Each participant's own individual mental state and circumstances at the time can result in different participants being guilty of different offences, even though they were all involved in causing the same overall result. This sits alongside, rather than against, the common-intention rule in sub-section (5): sub-section (5) applies where the participants genuinely share the same intention, while sub-section (9) recognises that where they do not, the law can and does differentiate between them.

Illustration (Lexovia's Own Example)
A and B are both present when Z is killed. A struck the fatal blow after suddenly losing self-control on being gravely provoked by Z moments earlier, reducing what would otherwise be murder to a lesser offence. B, who was not provoked at all and had independently planned to kill Z regardless, deliberately assisted A in the killing. Sub-section (9) allows A and B, though concerned in the same criminal act, to be held guilty of different offences reflecting each one's own actual mental state.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 3 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Constable 907 Surendra Singh & Anr. v. State of Uttarakhand, 2025 INSC 114 (Supreme Court of India, Criminal Appeal No. 355 of 2013, decided 28 January 2025, B.R. Gavai & Augustine George Masih, JJ.)

Quoted Paragraph (Verbatim)
Para No. 18
By now it is a settled principle of law that for convicting the accused with the aid of Section 34 of the IPC the prosecution must establish prior meetings of minds. It must be established that all the accused had preplanned and shared a common intention to commit the crime with the accused who has actually committed the crime.
What This Judgment Means (Lexovia's Commentary)

Three police constables travelling in the same car as a fourth accused, who shot and killed the deceased, were convicted by the High Court under old IPC S.34 (common intention) solely because they were present in the vehicle when the shooting happened. The trial court had acquitted them, finding no evidence of any shared intention. The Supreme Court restored the acquittal, holding that mere presence at the scene, even alongside the principal offender, cannot substitute for proof of a pre-arranged plan and a prior meeting of minds; common intention requires that the criminal act be done in furtherance of an intention shared before the act, not inferred after the fact from physical proximity alone.

Currency check: decided January 2025; applies settled, still-good-law authority (Ezajhussain Sabdarhussain, Jasdeep Singh, Gadadhar Chandra, Madhusudan); carries over directly to BNS Section 3(5), which reproduces old IPC Section 34 without substantive change; a web search run on 30 September 2026 for later decisions overruling or distinguishing it on this point returned none in the results reviewed.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

If an offence-defining section doesn't mention any exceptions, can a general exception still apply?

Yes. Sub-section (1) confirms every offence definition and penal provision is read subject to the General Exceptions chapter, even where the particular section is silent about exceptions and does not repeat them.

Does "common intention" under sub-section (5) require a long-planned conspiracy?

Sub-section (5) itself asks that the criminal act be done “in furtherance of the common intention of all”; it does not prescribe any formal agreement. The Supreme Court decision quoted below on this page stresses that, for the corresponding old IPC Section 34, the prosecution must establish a prior meeting of minds and that all the accused preplanned and shared a common intention.

Can two people involved in the same killing be convicted of different offences?

Yes. Sub-section (9) expressly allows this — where people are engaged or concerned together in one criminal act, each one's own individual state of mind can result in different participants being guilty of different offences arising from that same act.

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