Short Title, Extent And Commencement: Bharatiya Nagarik Suraksha Sanhita (BNSS) Code: 1(1), 1(2), 1(3)
This section of the BNSS code deals with the short title, extent And commencement of the Act.
1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
This clause simply states the official name of the Act as the “Bharatiya Nagarik Suraksha Sanhita” (BNSS) and the year of its enactment (2023).
1. (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply—
This clause specifies the exceptions to the general application of the BNSS.
- (a) to the State of Nagaland;
- (b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.
This means that the BNSS will not apply to the state of Nagaland and the tribal areas (as defined in the Explanation) unless the respective state governments choose to apply it through a notification.
Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
This explanation clarifies the meaning of “tribal areas” as those territories that were part of the tribal areas of Assam before January 21, 1972, as defined in the Sixth Schedule of the Indian Constitution. However, this definition excludes the areas within the Shillong municipality.
1. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
This clause states that the BNSS will come into effect on a date to be notified by the Central Government in the Official Gazette. This allows the government to prepare and implement the Act effectively.
Illustration: Short Title, Extent And Commencement
The state of Nagaland, for instance, may choose to apply parts of the BNSS to specific areas within the state. This would be done through a notification by the Nagaland government, specifying the specific provisions being applied and any modifications necessary. Similarly, the state government may choose to apply the BNSS to certain tribal areas, but with modifications based on local conditions and customs.
- Common Questions and Answers: Short Title, Extent And Commencement
Q: Does the BNSS apply to the whole of India?
A: No. The BNSS does not apply to Nagaland and tribal areas unless they are notified by the respective state governments.
Q: What are the tribal areas referred to in the BNSS?
A: The tribal areas referred to are those territories that were part of the tribal areas of Assam before January 21, 1972, as defined in the Sixth Schedule of the Indian Constitution, excluding areas within the Shillong municipality.
Q: When will the BNSS come into effect?
A: The BNSS will come into effect on a date to be notified by the Central Government in the Official Gazette.
