Code: Section 1 BNS
(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.
(2) 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) 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) 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) 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 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) 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.
Explanation of Section 1 BNS
Section 1 of the Bharatiya Nyaya Sanhita, 2023 defines the scope, application, and commencement of the Act. The section clearly establishes the title of the law and the process for its commencement through a notification by the Central Government. It sets out the legal principle that individuals within India are bound by its provisions, as well as those outside India in certain situations, such as citizens or individuals committing crimes outside India that would otherwise be punishable in India.
Illustration
Example 1: Offense Committed Outside India
A citizen of India commits a murder outside India. According to Section 1, this person can still be tried under the provisions of the Bharatiya Nyaya Sanhita, 2023 as though the crime had been committed within India.
Example 2: Applicability to Persons on Ships or Aircraft
A person, while aboard an Indian-registered ship, commits an offense targeting a computer resource located in India. Under Section 1, they can be prosecuted under this Act, irrespective of their location.
Common Questions and Answers on Section 1 BNS
1. When does the Bharatiya Nyaya Sanhita, 2023 come into force?
- Answer: The Act comes into force on a date appointed by the Central Government through a notification in the Official Gazette. Different provisions may come into effect on different dates.
2. Can someone who commits a crime outside India be prosecuted under this Act?
- Answer: Yes, Section 1 extends the provisions of this Act to crimes committed by Indian citizens or individuals on Indian-registered ships or aircraft, and for crimes that affect computer resources located in India, regardless of where the crime takes place.
3. Does this section affect other laws related to mutiny and desertion?
- Answer: No, Section 1 specifically states that it does not affect the provisions of laws related to mutiny or desertion of officers, soldiers, sailors, or airmen in the service of the Government of India, or any other special or local laws.
Conclusion
Section 1 of the Bharatiya Nyaya Sanhita, 2023 defines the foundational scope of the law, ensuring that it applies to citizens of India and certain offenses committed outside the country. It ensures comprehensive jurisdiction and clarifies the reach of this legal framework to situations that extend beyond India’s borders.
