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Section 1 of BNS is part of Chapter I Preliminary in Bharatiya Nyaya Sanhita 2023 Act. It lays out the fundamental components of the Act, including its short title, commencement, and scope of application. It specifies that the Act applies throughout India as per its listing in the Official Gazette. The Central Government has the authority to set specific dates for the enactment of various provisions, making them active on chosen dates.
Under this Act, an individual is accountable for acts or omissions occurring within India. Additionally, the Act's reach includes actions performed outside of India if those actions would be punishable if committed domestically. This includes acts committed abroad by Indians, on Indian-registered ships and aircraft, or actions targeting computer resources within India. Crucially, the Sanhita respects existing military laws and special or local laws, ensuring it does not override them.
Section 1 of the Bharatiya Nyaya Sanhita, 2023 establishes the fundamental elements of the Act, defining its Short Title, Commencement, Application, Extraterritorial Application, and its relationship with Special and Local Laws.
Short Title:The Act is officially called the Bharatiya Nyaya Sanhita, 2023.
Commencement:The Act will come into effect on dates specified by the Central Government through notifications in the Official Gazette. Different dates may be set for various provisions.
Application:The Act applies to:
Section 1 of the BNS, primarily focuses on the title, commencement, and application of the act. Here's a breakdown
Example 1 (International Crime by Indian Citizen):
A, an Indian citizen, commits a fraud in London, targeting an Indian company’s computer network based in Mumbai. Under the BNS, A can be prosecuted in India, even though the act occurred outside Indian territory, because the offence targeted an Indian resource (computer system).
Example 2 (Offence on Indian Aircraft):
B commits a murder aboard an Indian-registered aircraft flying over international waters. B will be prosecuted in India under the BNS, as the act occurred on an Indian-registered aircraft, regardless of its location.
Everyday Examples:
To better understand how Section 1 applies in real-life situations, let’s look at a few examples that demonstrate its scope and how it functions in different contexts
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
BNS section reflects India's approach to holding its citizens accountable for actions beyond its borders, ensuring that crimes affecting Indian interests are punishable, regardless of where they occur. Here is a detailed outline of the same:
Short Title and Commencement:
The differences between Section 1 to 5 of the IPC and Section 1 of the BNS lie in their coverage and terminology. Here is a detailed comparison for the same:
BNS Sections/ Subsections | Subject | IPC Sections | Summary of Comparison |
---|---|---|---|
1(1) | Short title, commencement, and application. | 1 | Covered by six subsections in BNS corresponding to five IPC sections, without separate headings. IPC specifies the extent of code operation, which is absent in BNS. |
1(2) | Commencement. | New | BNS delegates the power to appoint the commencement date to the Central Government, a provision not found in IPC. |
1(3) | Punishment of offences committed within India. | 2 | No change; "Code" is replaced with "Sanhita." |
1(4) | Punishment of offences committed beyond India. | 3 | Included as a subsection in BNS without a heading. "Indian laws" replaced with "law," and “for the time being in force in India” is added. |
1(5) | Extension of Code to extra-territorial offences. | 4 | Included as a subsection in BNS without a heading. "Uganda" replaced with "any place outside India" in the illustration. |
1(6) | Certain laws not to be affected by this Act. | 5 | IPC section included as a subsection in BNS without a heading. |
Section 1 of the Bharatiya Nyaya Sanhita, 2023 is basically an introduction to the Act, telling us three key things: its name, when it will start, and who it will apply to.
Name (Short Title):The law is called the Bharatiya Nyaya Sanhita. It’s the updated version of the old Indian Penal Code (IPC), which has been around since British rule. This new name makes it feel more Indian, reflecting a move away from the colonial era.
When It Starts (Commencement):The government will decide when different parts of this law will come into effect. So, instead of the whole thing starting all at once, they can roll it out in stages, giving time to adjust to the new rules.
Where It Applies (Application):
Understanding the new Bharatiya Nyaya Sanhita laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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