Section 124 BNSS: Application of This Chapter

Section 124 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the Central Government to regulate how the Chapter on reciprocal arrangements and international assistance applies to a contracting State. The Government may, by notification in the Official Gazette, make that application subject to specified conditions, exceptions or qualifications.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Meaning and scope of Section 124 BNSS

Section 124 is the concluding provision of the BNSS Chapter dealing with reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property. It recognises that arrangements with different foreign States may not operate on identical terms.

The Central Government may therefore issue a notification in the Official Gazette directing that the Chapter will apply in relation to a particular contracting State subject to the conditions, exceptions or qualifications stated in that notification.

In simple terms: the Chapter may apply differently to different contracting States depending on the reciprocal arrangement and the terms notified by the Central Government.

Section 124 - Application of this Chapter

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

Central Government power under Section 124

The section gives the Central Government a specific power to tailor the operation of the Chapter to the reciprocal arrangement applicable to a contracting State.

Notification is required: the direction must be made by notification in the Official Gazette.
It relates to a contracting State: the provision applies where reciprocal arrangements have been made with a country or place outside India.
Conditions may be imposed: the notification may make application of the Chapter subject to specified conditions.
Exceptions may be created: particular aspects of the Chapter may be excluded where the notification so provides.
Qualifications may be prescribed: the manner in which the Chapter operates may be modified or limited by the terms specified in the notification.

Why Section 124 matters

Reciprocal criminal assistance depends on the arrangements between India and the foreign State concerned. Section 124 allows the statutory framework to operate consistently with the terms of those arrangements without requiring every contracting State to be treated in precisely the same manner.

Important definitions under Section 111 BNSS

Contracting State

Section 111 defines a "contracting State" as a country or place outside India in respect of which arrangements have been made by the Central Government with the Government of that country through a treaty or otherwise.

Reciprocal arrangements

In the context of this Chapter, reciprocal arrangements are the arrangements made between the Central Government and the Government of a country or place outside India for assistance of the kind contemplated by the Chapter. Section 124 permits the Central Government to specify how the Chapter will apply in relation to such arrangements.

Official Gazette notification

Section 124 requires the Central Government's direction to be made by notification in the Official Gazette. The applicable notification is therefore important when determining whether any conditions, exceptions or qualifications apply to a particular contracting State.

Official legal resources

For the authoritative text of the BNSS and Government material on the new criminal laws, use the official resources listed in the right-hand panel.