BNS Section 1 – Short Title, Extent & Commencement Explained in Detail

Amit Kapoor03 mins

1. Short Title & Commencement

  • This law is officially called the Bharatiya Nyaya Sanhita, 2023.
  • It will come into force on a date notified by the Central Government through an official Gazette.
  • The government can implement different sections at different times based on necessity.

📌 Example:
If the government decides to enforce the law in phases, some provisions may become applicable immediately, while others might be introduced later.

2. Applicability of Punishment (Who is covered?)

  • Everyone in India is subject to BNS.
  • If a person commits an offense within Indian territory, they will be punished under this law.
  • The law covers both acts and omissions, meaning failure to act (when required) can also lead to legal consequences.

📌 Example:
A person commits theft in Delhi. Since the act occurred within India, they will be tried and punished under BNS.

3. Extra-Territorial Jurisdiction (Crimes Beyond India’s Borders)

BNS extends beyond India in specific cases. Even if a crime is committed outside India, it can still be prosecuted under this law.

Who Can Be Prosecuted for Crimes Abroad?

The law applies to:

1️⃣ Indian Citizens: Any Indian citizen committing an offense outside India can be prosecuted under BNS.
2️⃣ Ships & Aircrafts: If an offense occurs on an Indian-registered ship or aircraft, the law applies regardless of location.
3️⃣ Cyber Crimes Targeting India: If someone outside India attacks or manipulates a computer system in India, they can be tried under BNS.

📌 Example:

  • An Indian citizen commits murder in a foreign country → He can be tried and convicted in India if found.
  • A hacker sitting in another country attacks an Indian website → The Indian government can take action under BNS.

4. Special Exceptions & Exemptions

  • BNS does not override military laws related to mutiny, desertion, or misconduct of army, navy, or air force personnel.
  • It does not affect special or local laws, meaning certain offenses may still be governed by other legal provisions.

📌 Example:
The Army Act, which governs military personnel, remains in effect despite the BNS.

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