Bharatiya Nyaya Sanhita, 2023 - Act 45 of 2023
Section 1 BNS: Short Title, Commencement and Application
Section 1 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") identifies the name of the Sanhita, provides for its commencement, states its territorial application within India, and extends its operation to specified offences committed outside India.
Commencement: The Central Government appointed 1 July 2024 as the date on which the provisions of the Bharatiya Nyaya Sanhita, 2023 came into force, except sub-section (2) of Section 106.
Text of Section 1 - Short title, commencement and application
(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.
Meaning and scope of Section 1 BNS
Section 1 is the opening provision of the BNS. It performs four principal functions: it gives the law its short title, authorises commencement by Central Government notification, makes persons punishable under the Sanhita for acts or omissions committed within India, and specifies situations in which the BNS may apply to conduct outside India.
Short title
Under Section 1(1), the statute is called the Bharatiya Nyaya Sanhita, 2023. It is Act No. 45 of 2023.
Commencement
Section 1(2) allowed the Central Government to appoint the commencement date by notification in the Official Gazette and also permitted different dates for different provisions. The notified commencement date is 1 July 2024, except for Section 106(2).
Application of BNS to acts and omissions within India
Section 1(3) states the general territorial rule. A person is liable to punishment under the BNS for an act or omission contrary to the Sanhita when the offence is committed within India. The provision establishes the BNS as the general substantive criminal law for offences falling within its operation after commencement, subject to applicable saving provisions and special or local laws.
Extra-territorial application under Section 1(4) and 1(5)
Section 1(4) addresses persons who may, under a law in force in India, be tried in India for an offence committed beyond India. Such conduct is dealt with under the BNS in the same manner as if the relevant act had been committed within India.
Section 1(5) specifically extends the Sanhita to offences committed outside India by an Indian citizen, by a person on a ship or aircraft registered in India, and by a person outside India who commits an offence targeting a computer resource located in India.
Meaning of "offence" for Section 1: The statutory Explanation includes an act committed outside India which would be punishable under the BNS if it had been committed in India.
Special laws, local laws and service laws are preserved
Section 1(6) makes clear that the BNS does not override provisions of Acts dealing with mutiny or desertion by officers, soldiers, sailors or airmen in the service of the Government of India. It also preserves the operation of special and local laws. Accordingly, the BNS must be read together with any applicable special or local criminal legislation.
Official legal resources
For the authoritative statutory text and current legislative status, refer to the official India Code repository and the Ministry of Home Affairs criminal law resources linked in the right sidebar.