Bharatiya Nyaya Sanhita, 2023

BNS Section 1

Short title, commencement and application

In one line

BNS Section 1 deals with short title, commencement and application and replaces IPC 1 (now 1(1)), IPC 2 (now 1(3)), IPC 3 (now 1(4)), IPC 4 (now 1(5)), IPC 5 (now 1(6)); 1(2) is a new provision with no IPC equivalent.

Bare act text — BNS 1

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.

What changed from the IPC

  • IPC 1 → BNS 1(1): BNS Section 1 is split into six subsections instead of multiple separately headed IPC sections.
  • IPC 1 → BNS 1(1): The IPC reference to territorial extent of operation is absent in BNS.
  • IPC 2 → BNS 1(3): No substantive change is noted.
  • IPC 2 → BNS 1(3): The word 'Code' is replaced with 'Sanhita'.
  • IPC 3 → BNS 1(4): The IPC section is converted into a subsection within BNS without a separate heading.
  • IPC 3 → BNS 1(4): The phrase 'Indian laws' is replaced with 'law' and the words 'for the time being in force in India' are inserted.
  • IPC 4 → BNS 1(5): The IPC section is incorporated as a subsection in BNS without a separate heading.
  • IPC 4 → BNS 1(5): In the illustration, 'Uganda' is replaced with 'any place outside India'.
  • IPC 5 → BNS 1(6): The IPC provision is included as a subsection in BNS without a separate heading.
  • IPC 5 → BNS 1(6): The substance appears retained while the drafting structure is consolidated.

Frequently asked

What was BNS Section 1 in the IPC?

BNS Section 1 (Short title, commencement and application) replaces Sections 1, 2, 3, 4, 5 of the Indian Penal Code, 1860. IPC 1 is now BNS 1(1). IPC 2 is now BNS 1(3). IPC 3 is now BNS 1(4). IPC 4 is now BNS 1(5). IPC 5 is now BNS 1(6).

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