Section 5 BNSS 2023: Saving of Special and Local Laws
Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a saving clause. It protects special or local laws, special jurisdiction or powers, and special forms of procedure created by other laws, unless the BNSS contains a specific provision to the contrary.
Text of Section 5 BNSS
5. Saving. Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Meaning of Section 5 BNSS
The purpose of Section 5 is to preserve the operation of statutory arrangements created outside the BNSS. A special or local law may create its own authority, confer a particular power or prescribe a distinct procedure. Section 5 protects those provisions unless the BNSS itself contains a specific contrary rule.
The expression "in the absence of a specific provision to the contrary" is important. It means that the saving is not absolute. If a particular BNSS provision expressly displaces or modifies the special rule, that specific BNSS provision must be given effect.
What Section 5 Protects
| Category | Effect of Section 5 |
|---|---|
| Special law | A law dealing with a particular subject, class of offences or statutory field is preserved unless specifically overridden by BNSS. |
| Local law | A law operating in a particular State, territory or locality continues to operate subject to any specific contrary BNSS provision. |
| Special jurisdiction | A jurisdiction specially conferred by another law is not displaced merely because BNSS contains general criminal procedure. |
| Special power | A power specially conferred by another enactment remains effective unless a specific BNSS provision provides otherwise. |
| Special form of procedure | A distinct procedure prescribed by another law is preserved unless BNSS expressly provides a contrary rule. |
Section 5 and Special Criminal Laws
Many statutes creating criminal offences also contain special provisions concerning investigation, jurisdiction, sanction, trial, evidence, confiscation, special courts or other procedural matters. Section 5 recognises that such provisions may continue to govern proceedings even though BNSS is the general law relating to criminal procedure.
Relationship between Section 4 and Section 5 BNSS
Section 4 BNSS provides that offences under laws other than the Bharatiya Nyaya Sanhita, 2023 are ordinarily investigated, inquired into, tried and otherwise dealt with under BNSS, but subject to any enactment regulating the manner or place of such proceedings.
Section 5 reinforces that principle by preserving special or local laws, special jurisdiction or powers, and special forms of procedure unless a specific BNSS provision states otherwise. Together, Sections 4 and 5 establish the relationship between BNSS as the general procedural code and special procedural regimes created by other enactments.
Current Legal Status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and forms part of the present criminal law framework. The new criminal laws, including BNSS, came into force from 1 July 2024, subject to the notified exception concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023 and the corresponding entry in the First Schedule to BNSS.