Section 4 BNSS 2023: Trial of Offences under BNS and Other Laws
Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the basic procedural rule for investigation, inquiry, trial and other legal handling of criminal offences. It applies directly to offences under the Bharatiya Nyaya Sanhita, 2023 and also provides the general procedural framework for offences created by other laws, subject to special procedural provisions contained in those enactments.
Text of Section 4 BNSS
4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Meaning of Section 4(1): Offences under Bharatiya Nyaya Sanhita
Section 4(1) makes the BNSS the general procedural law for offences created by the Bharatiya Nyaya Sanhita, 2023. Thus, where an offence is punishable under the BNS, procedural matters such as investigation, inquiry, trial and other steps are governed by the applicable provisions of the BNSS.
In practical terms, the BNS principally identifies offences and punishments, while the BNSS provides the machinery through which criminal proceedings are investigated and conducted.
Meaning of Section 4(2): Offences under Other Laws
Section 4(2) extends the BNSS procedural framework to offences created by laws other than the BNS. This is important because many Central and State enactments create criminal offences without containing a complete, self-contained code of criminal procedure.
The application of BNSS is, however, expressly subject to any enactment in force that regulates the manner or place of investigating, inquiring into, trying or otherwise dealing with the particular offence. Therefore, a special statutory procedure is not displaced merely because BNSS contains a general procedural rule.
General Law and Special Law under Section 4
| Type of offence | Procedural rule under Section 4 |
|---|---|
| Offence under BNS 2023 | Investigation, inquiry, trial and other proceedings are governed by BNSS. |
| Offence under another law with no special procedure | BNSS procedure ordinarily applies. |
| Offence under another law with a special procedural provision | The special enactment governs to the extent that it regulates the manner or place of investigation, inquiry, trial or other proceedings. |
Why Section 4 BNSS Is Important
Section 4 provides the link between substantive criminal offences and the procedural machinery used to enforce them. It also prevents uncertainty when an offence is created outside the BNS by making BNSS the general procedural code while respecting specific procedural rules enacted for special categories of offences.
Section 4 should also be read with Section 5 BNSS, which contains the saving provision concerning special or local laws, special jurisdictions or powers, and special forms of procedure prescribed by other laws.
Current Legal Status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The new criminal law framework, including BNSS and the Bharatiya Nyaya Sanhita, came into force from 1 July 2024, subject to the notified exception concerning section 106(2) of the BNS and the corresponding entry in the First Schedule to the BNSS.