Section 3

Section 3 provides the definition of 'offence' — a deceptively simple but legally foundational term that determines what acts the BNS can punish. The definition has two layers. First, within most of the BNS, 'offence' means only something made punishable by the BNS itself — this is the internal self-referential definition that limits most provisions to acts specifically defined and punished within the code. Second, in Chapters IV (General Exceptions) and V (Abetment), and in sections governing culpable homicide, abetment of suicide, abetment overseas, and hurt to deter witnesses, 'offence' has an extended meaning: it includes anything punishable under any other law in force — the Narcotic Drugs and Psychotropic Substances Act, the Prevention of Corruption Act, the POCSO Act, and hundreds of other statutes. This extension is critically important for the general exceptions and abetment provisions. If 'offence' in the general exceptions meant only BNS offences, a person who abets a drug trafficking offence under the NDPS Act could not be covered by the BNS's abetment framework. The extended definition ensures that the exception provisions (insanity, self-defence, minority) and the abetment framework apply across India's entire criminal law landscape — not just the BNS. This prevents artificial fragmentation between the general penal code and special legislation.