Section 1 of the Bharatiya Nyaya Sanhita (BNS) lays down the official name, enforcement, and scope of application of this law.
It establishes that BNS replaces the Indian Penal Code (IPC) and applies to all individuals committing offenses within and beyond India under specified conditions.
Key Provisions:
This Act shall be called the Bharatiya Nyaya Sanhita, 2023.
Commencement: The Act shall come into force on a date notified by the Central Government, and different provisions may take effect on different dates.
Application in India:
Any person committing an offense in India shall be liable under this Sanhita.
Application Beyond India:
Any person liable under Indian law for an offense committed outside India shall be tried as if the act was committed within India.
BNS applies to offenses committed by:
Indian citizens outside India.
Any person on an Indian-registered ship or aircraft, regardless of location.
Any person committing an offense targeting an Indian computer resource, even if outside India.
No Impact on Special Laws:
This Sanhita does not affect laws related to military offenses (mutiny and desertion) or special or local laws.
Illustration:
If an Indian citizen commits murder in a foreign country, they can still be tried and convicted in India under this law.
How It Protects:
This section ensures that BNS applies to all individuals within India and extends to Indian citizens and critical offenses beyond India. It strengthens India’s jurisdiction over cross-border crimes.
Example:
If an Indian cybercriminal hacks into an Indian bank’s server while residing in another country, they can be prosecuted under this section.
