Omission
Also called: Illegal omission, Series of omissions
A failure to act. Under Section 2(25) of the BNS the word denotes a series of omissions as well as a single omission, and words referring to acts extend to illegal omissions.
Explained
Section 2(25) of the BNS provides that the word omission denotes as well a series of omissions as a single omission, just as Section 2(1) provides that act denotes a series of acts as a single act. These were earlier in Section 33 of the IPC. The definition does not say what an omission is; it settles that several failures to act can be treated together as one omission for the purpose of an offence.
An omission is punishable only when it is illegal. Section 3(4) of the BNS (earlier Section 32 IPC) states that, unless a contrary intention appears, words which refer to acts done extend also to illegal omissions. Section 2(15) explains that illegal applies to everything which is an offence, is prohibited by law or furnishes ground for a civil action, and that a person is legally bound to do whatever it is illegal in him to omit. So a person is liable for an omission only where he was under a legal duty to act, for example a parent's duty to feed a child or a public servant's statutory duty.
Section 3(7) (earlier Section 36 IPC) adds that where causing an effect by an act or by an omission is an offence, causing it partly by an act and partly by an omission is the same offence. Omissions also appear in abetment: under Section 45 a person may abet by an act or illegal omission, and Explanation 1 to Section 46 provides that abetment of the illegal omission of an act may be an offence although the abettor is not himself bound to do that act.
Examiners test the series rule in Section 2(25), the requirement of a legal duty, and the illustration to Section 3(7). Outside the BNS the word is used in its ordinary sense, as in the power under Section 152 CPC to correct accidental slips or omissions in judgments, decrees and orders.
What the law says
(25) “omission” denotes as well as a series of omissions as a single omission;
Clause (25) defines omission; clause (15) explains illegal and legally bound to do
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
(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.
Sub-sections (4) and (7) on illegal omissions and act plus omission
Earlier law: IPC 6. Definitions in the Code to be understood subject to exceptions.; 7. Sense of expression once explained.; 27. Property in possession of wife, clerk or servant.; 32. Words referring to acts include illegal omissions.; 34. Acts done by several persons in furtherance of common intention.; 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.; 36. Effect caused partly by act and partly by omission.; 37. Co-operation by doing one of several acts constituting an offence.; 38. Persons concerned in criminal act may be guilty of different offences.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations.
Explanation 1 on abetment of an illegal omission
Earlier law: IPC 108. Abettor.
Earlier law: Section 33, IPC, Section 32, IPC
Example
Illustration to Section 3(7) of the BNS: A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
For the exam
- Section 2(25) BNS: omission includes a series of omissions treated as a single omission.
- Acts include illegal omissions under Section 3(4) BNS, earlier Section 32 IPC.
- An omission is criminal only where there is a legal duty to act (Section 2(15)).
- Effect caused partly by act and partly by omission is the same offence: Section 3(7) BNS.
- An illegal omission can be abetted even if the abettor has no duty to act (Section 46).
186 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Related terms
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- InjuryUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- Good faithUnder Section 2(11) of the BNS, nothing is done or believed in good faith if it is done or believed without due care and attention. Civil laws accept honesty alone.
- Actus reusThe physical or external element of a crime: the conduct (act or illegal omission), with its circumstances and consequences, that the law forbids.
- Mens reaThe mental element of a crime, such as intention, knowledge, dishonesty or rashness, which together with the physical act (actus reus) ordinarily constitutes an offence.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.