Bhartya Nayaye Sanhita 2023

1.       (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 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) 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.

Basic understanding the Section 1 of BNS 2023

Title, Commencement, and Implementation

The Act is officially named the Bharatiya Nyaya Sanhita, 2023. It will come into effect on a date decided by the Central Government, which will be announced through a notification in the Official Gazette. Importantly, different provisions of the Act might come into force on different dates, allowing for a phased implementation. This ensures that the transition to the new legal framework is managed effectively.

Scope of Applicability

One of the key aspects of the Bharatiya Nyaya Sanhita, 2023, is its comprehensive scope. The Act applies to all individuals who break its rules within India. This means that any act or omission contrary to the provisions of this Sanhita will be subject to its penalties and procedures. It standardised the legal consequences for offences committed within the country, ensuring that justice is administered uniformly.

However, the Act also extends its reach beyond Indian borders. If a person is subject to Indian law for an offence committed outside India, the provisions of the Bharatiya Nyaya Sanhita will apply as if the offence had occurred within the country. This extraterritorial application ensures that Indian citizens and others under Indian jurisdiction cannot escape legal consequences by committing offences abroad.

Application to Specific Situations

The Bharatiya Nyaya Sanhita, 2023, includes specific provisions to cover various scenarios involving offences committed outside India:

• Indian Citizens Abroad : The Act applies to any offence committed by an Indian citizen outside India. For example, if an Indian citizen commits a crime like murder abroad, they can be tried and convicted in India, regardless of where the crime took place.
• Indian Ships and Aircraft: The law also covers offences committed on Indian-registered ships or aircraft, no matter where they are located. This provision ensures that Indian legal standards are maintained even when Indian property is overseas.
• Targeting Indian Computer Resources: Another important aspect is the coverage of crimes targeting computer resources located in India, even if the perpetrator is outside the country. This is especially relevant in the age of digital threats and cybercrimes.

These provisions ensure that the Bharatiya Nyaya Sanhita, 2023, addresses modern challenges and protects Indian interests globally. For instance, if someone abroad commits a cybercrime against an Indian entity, this Act ensures that they can be prosecuted under Indian law.

Exceptions and Special Laws

While the Bharatiya Nyaya Sanhita, 2023, provides a broad and inclusive framework, it does not interfere with certain existing laws. Specifically, it does not affect the laws related to mutiny and desertion by military personnel or any special or local laws. This means that while the Sanhita updates and consolidates general criminal law, it respects the unique legal provisions that apply to military and other specialised areas.

In summary, the Bharatiya Nyaya Sanhita, 2023, represents a crucial development in India’s legal system, expanding its reach to cover international offences and ensuring that Indian laws are upheld both domestically and abroad. The phased implementation and clear scope of applicability mark a significant step toward modernising and standardising criminal justice in India.