BNS Section 1- Short title, commencement and application | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 1 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. 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. 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. The provisions of this Sanhita shall also apply to any offence committed by— any citizen of India in any place without and beyond India; any person on any ship or aircraft registered in India wherever it may be; 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. 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.

Procedural Details

Punishment

Definition / General Principle / Repealed

Nature of Offense

N/A

Bail Eligibility

N/A

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

N/A

Frequently Asked Questions about BNS Section 1

According to the official bare act, this legal offense is defined as: Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. 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. 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. The provisions of this Sanhita shall also apply to any offence committed by— any citizen of India in any place without and beyond India; any person on any ship or aircraft registered in India wherever it may be; 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. 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.
The punishment for this specific offense is outlined under the new law as: Definition / General Principle / Repealed
Under the new legal framework, this specific offense is classified as a N/Aoffense.
The legal status regarding police arrest without a warrant is that this offense isN/A.
Cases pertaining to this specific BNS section are triable by the N/A.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

Leave a Comment

Scroll to Top