Introduction
The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a landmark shift in India’s criminal justice system, replacing the Indian Penal Code, 1860. Section 1 of this Act sets the legal groundwork for how, when, and where the Sanhita applies. It defines the title, commencement, and extent of applicability — essentially answering the questions:
👉 What is this law called?
👉 When will it come into force?
👉 Who and what does it apply to?
Let’s break down and understand each component in a detailed and simplified manner.
Short Title
“This Act may be called the Bharatiya Nyaya Sanhita, 2023.”
The short title is the official name of the legislation. It is how the law will be cited in courts, legal documents, and discussions.
This title, “Bharatiya Nyaya Sanhita, 2023,” emphasizes the Indianization of criminal law — reflecting the government’s intent to replace colonial-era terminology and make laws more aligned with Indian ethos and language.
In essence, this Act stands as the modernized Indian Penal Code.
Commencement
“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 the Sanhita.”
This means that the BNS does not automatically come into force upon enactment.
Instead, the Central Government has the authority to decide when it will start applying, and it can implement different sections at different times.
For example, the government may first bring certain procedural sections into force (like definitions or preliminary provisions), and later activate the more complex or sensitive parts of the law.
This flexible approach ensures a smooth transition from the Indian Penal Code, 1860 to the Bharatiya Nyaya Sanhita, 2023, allowing institutions — such as courts, police, and administrative bodies — to adapt.
Application and Scope
“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.”
This line establishes that:
- Every individual within India’s territory is governed by the BNS,
- and any act or omission that violates its provisions will lead to punishment only under this law.
Essentially, the BNS becomes the sole authority for defining and punishing criminal acts within India.
Extra-Territorial Jurisdiction
Section 1 goes further to expand its reach beyond Indian borders.
“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…”
This means Indian citizens and certain other persons can be tried in India for offences committed outside Indian territory, if:
- The act would be punishable under this law if done in India.
Who is covered?
The section specifies three categories:
- Indian citizens anywhere in the world
→ If an Indian citizen commits an offence abroad (say, fraud or murder), they can be tried in India. - Persons on Indian-registered ships or aircraft
→ A crime committed on an Indian ship in international waters or an Indian aircraft mid-air falls under BNS. - Persons committing cyber offences targeting Indian computer resources
→ Even if a hacker operates from outside India, if the target is a computer system located in India, the BNS applies.
This clause recognizes the global nature of modern crimes, especially cyber offences, ensuring no criminal escapes accountability by hiding behind borders.
Explanation and Illustration
Explanation:
“The word ‘offence’ includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.”
This simply clarifies that acts done abroad are considered “offences” under BNS if they would be crimes had they occurred within India.
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.”
This makes it crystal clear:
If A, an Indian citizen, commits murder in another country, he can be prosecuted in India once he is found here.
Exception – Military and Special Laws
“Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion… or any special or local law.”
This means:
- The BNS will not override laws that deal with military offences (like the Army Act, Navy Act, or Air Force Act).
- Nor will it disturb special or local laws (like state-specific criminal laws or special legislations like the NDPS Act or Prevention of Corruption Act).
So, military discipline laws and special acts continue to function independently.
Conclusion
Section 1 of the Bharatiya Nyaya Sanhita, 2023 serves as the gateway provision — defining its name, its effective enforcement, and its jurisdiction both inside and outside India.
It ensures that the law applies universally to all within India’s jurisdiction, while also empowering authorities to act against Indians or offenders abroad when national interests or citizens are involved.
By covering cyber offences and international acts, this section reflects India’s modern approach to criminal law — one that’s digitally aware, globally competent, and nationally assertive.
Very Short Summary
Section 1 of Bharatiya Nyaya Sanhita, 2023 defines its short title, commencement, and application. It empowers the Central Government to decide when the law comes into force, applies to all persons in India, and extends to Indian citizens abroad, offences on Indian ships or aircraft, and cybercrimes targeting India. The section excludes military and special laws. It marks the legal beginning of India’s new criminal framework.