What Is BNS Section 1?

Bharatiya Nyaya Sanhita, 2023 - Section 1: Short Title, Commencement, and Application

1. Short Title

This Act may be called the Bharatiya Nyaya Sanhita, 2023.

2. Commencement

It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.

3. Application to Acts or Omissions within India

Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

4. Application to Acts Committed Beyond India

Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

5. Application to Certain Offences

The provisions of this Sanhita shall also apply to any offence committed by—

• (a) any citizen of India in any place without and beyond India;
• (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.

Explanation: In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.

Illustration: A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

6. Exclusions

Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors, or airmen in the service of the Government of India or the provisions of any special or local law.

Brief Detail

Section 1 of the Bharatiya Nyaya Sanhita, 2023, outlines the short title, commencement, and application of the Act. It specifies that:

• The Act is called the Bharatiya Nyaya Sanhita, 2023.
• It will commence on a date appointed by the Central Government and may have different commencement dates for different provisions.
• Individuals are liable for acts or omissions within India under this Sanhita.
• The Sanhita applies to acts committed beyond India if they would be punishable within India.
• It also applies to offences committed by Indian citizens abroad, on Indian-registered ships or aircraft, and targeting Indian computer resources.
• The Sanhita does not affect other laws related to military personnel or special/local laws.

Questions and Answers

Q1: What is the short title of the Act described in Section 1?

A1: The short title of the Act is the Bharatiya Nyaya Sanhita, 2023.

Q2: When will the Bharatiya Nyaya Sanhita, 2023 come into force?

A2: It will come into force on a date appointed by the Central Government, and different dates may be appointed for different provisions of the Act.

Q3: How does the Sanhita apply to acts committed outside India?

A3: The Sanhita applies to any act committed outside India in the same manner as if it were committed within India, provided the act would be punishable under this Sanhita if committed within India.

Q4: Does the Sanhita apply to Indian citizens committing offences abroad?

A4: Yes, it applies to Indian citizens committing offences abroad, on Indian-registered ships or aircraft, and targeting computer resources located in India.

Q5: What exceptions does Section 1 provide?

A5: Section 1 does not affect provisions for punishing mutiny and desertion of military personnel or any special or local laws.

Examples

• Example 1: An Indian citizen commits fraud on an Indian-registered ship while in international waters. Under Section 1, this person can be tried under the Bharatiya Nyaya Sanhita as if the act occurred within India.
• Example 2: A person in the U.S. hacks into an Indian government database. This act, although committed outside India, is punishable under the Bharatiya Nyaya Sanhita.
• Example 3: A soldier in the Indian Army deserts his post while stationed abroad. Section 1 specifies that mutiny and desertion cases are excluded from the provisions of this Sanhita.

Summary

Section 1 of the Bharatiya Nyaya Sanhita, 2023 establishes the title, commencement, and scope of the Act. It defines that the Act will commence on a date set by the Central Government and will apply to acts committed within India and beyond its borders, under specified conditions. The Act is applicable to Indian citizens and other specified scenarios involving Indian interests. However, it does not alter existing laws related to military personnel or special/local laws.