BNS Section 1 - Short Title, Commencement, and Application
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.
Definition of Section 1 of BNS
Section 1 of the Bharatiya Nyaya Sanhita (BNS), 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:
Extraterritorial Application:Any Indian citizen or person committing an offence outside India can be tried under the BNS as if the offence occurred within India.
Special and Local Laws:The provisions of the BNS do not interfere with existing laws related to the punishment of mutiny, desertion by officers, soldiers, sailors, or airmen in the service of the Government of India, or any other special or local laws, unless expressly provided otherwise in the Sanhita.
Section 1 lays the foundation for the Act by specifying its title, scope, and how it extends Indian law to both domestic and international offences, especially concerning cybercrimes. It also ensures that the Act operates alongside existing military and local laws without superseding them.
Explanation and Illustration of Section 1
Section 1 of the Bharatiya Nyaya Sanhita (BNS), 2023 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
- An Indian Abroad:Let’s say an Indian living in London commits a serious crime. Even though it happened in another country, Indian law can still take action and punish that person.
- Crime on a Ship:If someone commits theft on a ship flying the Indian flag, even in the middle of the ocean, they can be charged under this law.
- Cyber Attack: If a hacker in another country attacks a computer system in India, the hacker could still face consequences under Indian law.
- Soldier Desertion: If a soldier leaves his duty without permission, the military will handle it according to its own laws, not under the BNS.
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.
Key Points of BNS 01
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:
Applicability of Punishment :
Every individual in India is subject to be tried and punished for acts and omissions in contravention of the provisions of this Act. Hence, every offence committed outside the Indian territories is held to have been committed within the Indian territories.
Jurisdiction Over Offences Outside India
Persons liable to punishment under this Act may be tried for such offences as are so committed. In other words, all such offences which are held to have been committed within the Indian territories are brought within its scope and can be tried.
Offences Committed outside India:
The Act extends its jurisdiction over:
Differences Between Section 1 of BNS 2023 and its Equivalent IPC Section
The differences between Section 1 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 (BNS), 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, 2023. 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):
Special Exceptions:This law doesn’t mess with the rules for the military. For example, crimes like mutiny (disobeying orders or rebelling) or desertion (leaving service without permission) in the army, navy, or air force are handled by their own set of laws. The BNS respects those separate rules.
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FAQs about Section 1 of the Bharatiya Nyaya Sanhita (BNS)
What is the short title of the Bharatiya Nyaya Sanhita?
The short title is 'Bharatiya Nyaya (Second) Sanhita, 2023.'
Who is liable under the BNS?
Every person is liable for acts contrary to the provisions of the BNS within India, including offences committed by Indian citizens abroad.
How does the BNS address acts committed beyond India?
The BNS stipulates that acts committed by Indian citizens outside India can be tried as if they occurred within India.
What are the key components of Section 1?
Section 1 includes the short title, commencement provisions, and the application of the Act to various jurisdictions.
What is the jurisdiction of BNS Section 1?
Any citizen of India wherever he may be; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing an offence targeting a computer resource located in India.
What is Section 1 of the BNS notes?
The Bharatiya Nyaya Sanhita, 2023: Section 1. Be it enacted by the Parliament of India as follows: Short title, commencement and application.- It extends to the whole of India and focuses on protecting Sovereignty, Unity, and Integrity of India.
Why is BNS important?
BNS is a more comprehensive bill bringing with it many much-needed changes such as clearer definitions of crimes committed, simpler procedures, and tougher penalties for crimes against women and children and also covers new areas such as cyber offences and organised crime and international human rights standards.
When did the Bharatiya Nyaya Sanhita start?
Bharatiya Nyaya Sanhita was enacted on 1 July 2024. BNS is the new India criminal code which supersedes the Indian Penal Code and was passed by the parliament in December 2023.
What is the difference between IPC and Bharatiya Naya Sanhita?
Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), reducing the number of sections from 511 to 358 and adding 21 new offences, including hate crimes and mob lynching.
What is defamation in Bharatiya Naya Sanhita?
That is who either by words themselves or spoken and intended to be read or by signs or visible representations makes or publishes in any manner an imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will cause harm and injures the reputation of that person commits defamation.
