Section 1 BNSS 2023: Short Title, Extent and Commencement
Section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the short title of the law, its territorial application, the special position of Nagaland and specified tribal areas, and the date on which the Sanhita came into force.
Text of Section 1 BNSS
1. Short title, extent and commencement.
(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply-
(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.
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.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Meaning and Scope of Section 1
Section 1(1): Short title
Sub-section (1) gives the statute its official short title: the Bharatiya Nagarik Suraksha Sanhita, 2023, commonly abbreviated as BNSS. The Sanhita consolidates and amends the law relating to criminal procedure.
Section 1(2): Territorial extent and special exceptions
Section 1(2) provides a limited territorial exception. Except for the provisions relating to Chapters IX, XI and XII, the Sanhita does not automatically apply to the State of Nagaland or to the "tribal areas" described in the Explanation. The concerned State Government may, however, extend such provisions by notification, either wholly or partly and with specified supplemental, incidental or consequential modifications.
The Explanation defines "tribal areas" by reference to the territories that, immediately before 21 January 1972, formed part of the tribal areas of Assam under paragraph 20 of the Sixth Schedule to the Constitution, excluding areas within the local limits of the municipality of Shillong.
Section 1(3): Commencement
Section 1(3) authorized the Central Government to appoint the commencement date through a notification in the Official Gazette. Exercising that power, the Central Government appointed 1 July 2024 as the commencement date for the BNSS by Notification S.O. 848(E), dated 23 February 2024.
Section 1 BNSS at a Glance
| Provision | Section 1, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Subject | Short title, extent and commencement |
| Act number | Act No. 46 of 2023 |
| Enactment date | 25 December 2023 |
| Commencement date | 1 July 2024 |
| Commencement notification | S.O. 848(E), Ministry of Home Affairs, dated 23 February 2024 |