What Is BNSS Section 5?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 5: Saving

Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

Brief Detail

Section 5 establishes that the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 do not override any special or local laws currently in effect, unless explicitly stated otherwise. This ensures that existing laws, jurisdictions, and procedures are respected and maintained.

Question & Answers

What does Section 5 state about the relationship between this Sanhita and other laws?

Section 5 indicates that the Sanhita does not affect any special or local laws currently in force unless there is a specific provision stating otherwise.

How does this section protect existing legal frameworks?

This section ensures that any existing special jurisdictions or procedures remain intact and are not negated by the introduction of the Sanhita.

Why is it important for the Sanhita to clarify its relationship with other laws?

This clarification helps prevent conflicts between laws and ensures a cohesive legal system where special and local laws can operate alongside new legislation.

Example

For example, if a local law prescribes a specific procedure for handling a particular case, that procedure remains valid and must be followed, even if the Bharatiya Nagarik Suraksha Sanhita has different provisions regarding similar cases.

Summary

Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 emphasizes that the Act does not alter any existing special or local laws, jurisdictions, or procedures unless explicitly stated. This provision safeguards the integrity of the current legal landscape.