Section 1 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 1 of the Bharatiya Nyaya Sanhita (BNS), 2023, serves as the foundational provision, outlining the Act's title, commencement, territorial application, and extraterritorial reach. Here's a detailed breakdown:
🏛️ Section 1: Short Title, Commencement, and Application
Short Title
The Act is officially titled the Bharatiya Nyaya Sanhita, 2023.
Commencement
The Act shall come into force on a date appointed by the Central Government through a notification in the Official Gazette. Different provisions may come into force on different dates.
Application Within India
Every person is liable to punishment under this Act for any act or omission contrary to its provisions committed within India.
Application to Acts Committed Beyond India
Any person who, by any law for the time being in force in India, is liable to be tried for an offence committed outside India shall be dealt with according to the provisions of this Act as if the act had been committed within India.
Specific Extraterritorial Applications
The provisions of this Act apply to offences committed by:
Any citizen of India outside India;
Any person on any ship or aircraft registered in India, regardless of location;
Any person outside India committing an offence targeting a computer resource located in India.
Exemptions
Nothing in this Act 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.
Section 1 of the BNS, 2023 establishes the scope and applicability of the Act, ensuring that Indian criminal law applies both within the country's borders and, in certain cases, beyond them. This extraterritorial jurisdiction is crucial in addressing crimes committed by Indian citizens abroad or offences targeting Indian interests globally.
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