Section 1 BNS: Short title, commencement and application

Bharatiya Nyaya Sanhita, 2023

Section 1 BNS at a Glance

Section 1 BNS deals with short title, commencement and application. It replaced Sections 1, 2, 3, 4 and 5 IPC on 1 July 2024.

Punishment

None prescribed by this sub-section.

IPC Equivalent

Section 1(1) →

Section 1 BNS Bare Act Text

(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.

Source: Section 1, Bharatiya Nyaya Sanhita, 2023

Section 1 BNS in the IPC (Previous Law)

Section 1 BNS replaced Sections 1, 2, 3, 4 and 5 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 1 BNS

What is Section 1(1) of the Bharatiya Nyaya Sanhita, 2023 about?▼

Section 1(1) BNS states the short title of the Act, providing that it may be called the Bharatiya Nyaya Sanhita, 2023. The remaining sub-sections of Section 1 BNS state when the law starts and where it applies.

What is the official name given to the Act by Section 1(1) BNS?▼

Under Section 1(1) BNS, the official short title of the Act is the Bharatiya Nyaya Sanhita, 2023.

Does Section 1(1) BNS itself decide when or where the Sanhita applies?▼

No. Section 1(1) BNS only provides the short title of the Act. Commencement is dealt with in Section 1(2) BNS, and territorial and extra-territorial application are dealt with in Sections 1(3) to 1(5) BNS.

Does Section 1(1) of BNS itself give any punishment?▼

No, Section 1(1) BNS does not itself prescribe any punishment. It only states the short title of the Sanhita, so punishment depends on the specific offence provision involved.

Under Section 1(2) BNS, when did the Bharatiya Nyaya Sanhita, 2023 start applying?▼

It applies from the date the Central Government appoints by notification in the Official Gazette. Different provisions can start on different dates, so the whole Sanhita need not begin at once.

Under Section 1(2) BNS, who appoints the date on which the Bharatiya Nyaya Sanhita, 2023 comes into force?▼

Under Section 1(2) BNS, the Central Government has the authority to appoint the date on which the Sanhita comes into force by publishing a notification in the Official Gazette.

Under Section 1(2) BNS, must all provisions of the Bharatiya Nyaya Sanhita come into force on the same date?▼

No. Section 1(2) BNS states that different dates may be appointed for different provisions of the Sanhita, so the Central Government can bring separate provisions into force at different times.

What punishment is given under Section 1(2) of the Bharatiya Nyaya Sanhita?▼

Section 1(2) BNS itself does not give a specific punishment. It only states how and when the Sanhita comes into force, while punishment depends on the specific offence provisions.

Under Section 1(3) BNS, does Bharatiya Nyaya Sanhita apply only to offences committed in India?▼

No. Section 1(3) says every person is liable under this Sanhita for acts or omissions contrary to it committed within India. Sections 1(4) and 1(5) also extend its application in some cases to acts committed beyond India.

Does Section 1(3) BNS apply to foreign nationals who commit an offence within India?▼

Yes. Section 1(3) BNS uses the words every person, so any person who is guilty within India of an act or omission contrary to the provisions of the Sanhita is liable to punishment under it, regardless of nationality.

Is Section 1(3) BNS bailable?▼

Section 1(3) BNS does not create a standalone offence, so it is neither bailable nor non-bailable by itself. Bail depends on the specific offence under the Sanhita for which the accused is charged.

Does Section 1(3) BNS cover omissions as well as acts committed within India?▼

Yes. Section 1(3) BNS expressly applies to every act or omission contrary to the provisions of the Sanhita of which a person is guilty within India.

What punishment is given under Section 1(3) of BNS?▼

Section 1(3) does not itself give a separate punishment figure. It says a person shall be liable to punishment under this Sanhita for acts or omissions contrary to its provisions committed within India. The actual punishment depends on the specific offence provision involved.

Under Section 1(4) BNS, can I be tried in India for an offence I committed outside India?▼

Yes, in some cases you can be dealt with under the Bharatiya Nyaya Sanhita as if the act had been committed within India. Section 1(4) says this applies where a person is liable, under any law in force in India, to be tried for an offence committed beyond India.

Under Section 1(4) BNS, does the Bharatiya Nyaya Sanhita apply to crimes committed outside India?▼

Yes, Section 1(5) extends the Sanhita to certain offences committed outside India. It covers offences by an Indian citizen abroad, by any person on a ship or aircraft registered in India, and by any person outside India who commits an offence targeting a computer resource located in India.

Is Section 1(4) BNS bailable?▼

Section 1(4) BNS does not create a standalone offence, so it is neither bailable nor non-bailable by itself. Bail depends on the specific offence under the Sanhita for which the person is being tried.

Under Section 1(4) BNS, what has to be shown before India can apply BNS to an act done abroad?▼

The act must fall within the situations mentioned in Section 1(4) or Section 1(5). The text also explains that the outside-India act must be of a kind that would be punishable under the Sanhita if it had been committed in India.

Does Section 1(4) itself give a punishment for acts committed beyond India?▼

No, Section 1 mainly states when the Bharatiya Nyaya Sanhita applies. It says the person will be dealt with according to the provisions of this Sanhita, so punishment depends on the specific offence provision involved.

Under Section 1(5) BNS, does BNS apply if an Indian citizen commits an offence outside India?▼

Yes. Section 1(5)(a) BNS says the Sanhita applies to any offence committed by a citizen of India in any place outside India. The explanation adds that this covers an act done abroad which would be punishable if it had been done in India.

Under Section 1(5) BNS, can a person be prosecuted in India for an offence committed on an Indian ship or aircraft?▼

Yes. Section 1(5)(b) BNS applies to any person on any ship or aircraft registered in India, wherever it may be. So the place where the ship or aircraft is located does not by itself take the matter outside the BNS.

Is Section 1(5) BNS bailable?▼

Section 1(5) BNS does not create a standalone offence, so it is neither bailable nor non-bailable by itself. Bail depends on the specific offence under the BNS that is alleged.

Under Section 1(5) BNS, does BNS cover cyber offences committed from outside India against a computer in India?▼

Yes. Section 1(5)(c) BNS says it applies to any person outside India who commits an offence targeting a computer resource located in India. What must be shown is that the act is an offence under the BNS and that the computer resource targeted is located in India.

What punishment does Section 1(5) BNS itself provide for offences committed outside India?▼

Section 1(5) BNS does not itself set a separate punishment. It only says when the BNS applies to acts committed outside India. The punishment depends on the specific offence provision under the BNS that is alleged.

Is Section 1(6) BNS an offence section?▼

No. Section 1(6) BNS is not an offence provision and does not create any crime. It only explains that laws for punishing mutiny and desertion in the armed forces and special or local laws are not affected by the BNS.

Why was Section 1(6) BNS needed in the BNS?▼

It was needed to avoid confusion between the BNS and other laws already in force. Without such a saving clause, people could argue that the BNS had replaced every other criminal law, which was never the intention.

Under Section 1(6) BNS, can a special law override the BNS?▼

Yes, in many situations a special law will prevail over the general provisions of the BNS for that subject. Courts usually apply the special law first when the facts fit within it.

Does Section 1(6) BNS still matter after the new criminal codes?▼

Yes, the same legal idea continues under the new code. The rule is still relevant when deciding how the new penal law interacts with other statutes in force.

Section 1 BNS: Sub-sections Explained

Section 1(1) BNS: Short title, commencement and application

▶

Bare Act Text

(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.

Explained in Simple Words

Section 1(1) of the Bharatiya Nyaya Sanhita (BNS) sets out the official short title of the Act and states that this Act may be called the Bharatiya Nyaya Sanhita, 2023. It applies to courts, police officers, public prosecutors, legal practitioners, and citizens whenever they cite or refer to India's general penal statute in complaints, First Information Reports, charge sheets, judgments, or other legal proceedings.

This sub-section is a preliminary naming provision and does not define any criminal offence or prescribe any punishment, fine, or imprisonment. Any punishment under the Sanhita comes from the specific substantive provisions that define particular offences and their penalties, while this sub-section simply provides the formal statutory name under which those provisions operate.

A reader should also note how Section 1(1) BNS fits within the rest of Section 1 BNS. While Section 1(1) BNS only names the Act, Section 1(2) BNS governs when its provisions come into force through a Central Government notification in the Official Gazette, Sections 1(3) to 1(5) BNS govern territorial and extra-territorial application, and Section 1(6) BNS preserves military, special, and local laws.

Key Ingredients

  • The statute being cited or referred to is this Act
  • The Act is called by its statutory short title, the Bharatiya Nyaya Sanhita, 2023
  • The sub-section operates only to name the Act and does not itself create an offence or punishment

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

Section 1(1) BNS only provides that the Act may be called the Bharatiya Nyaya Sanhita, 2023 and prescribes no punishment.

Real-World Example

Ravi, a resident of Pune, reports a theft at his shop to the local police. When the police register the First Information Report and the court frames charges under the general criminal law, the statute is formally cited by its short title, the Bharatiya Nyaya Sanhita, 2023, as provided by Section 1(1) BNS.

When This Does Not Apply

  • Determining the date on which the Sanhita or any of its provisions comes into force, which is governed by Section 1(2) BNS
  • Determining who is liable to punishment for acts or omissions committed within India or beyond India, which is governed by Sections 1(3) to 1(5) BNS
  • Determining the effect of the Sanhita on special, local, or military laws, which is governed by Section 1(6) BNS
  • Creating a substantive offence or prescribing any punishment, since Section 1(1) BNS only states the short title of the Act

Section 1(2) BNS: Short title, commencement and application

▶

Bare Act Text

(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.

Explained in Simple Words

Section 1(2) of the Bharatiya Nyaya Sanhita (BNS) governs the commencement of the Act and states that it shall come into force on such date as the Central Government may appoint by notification in the Official Gazette. It applies to the Central Government when bringing the law into operation, as well as to courts, investigating agencies, and every person whose conduct is examined by reference to the date on which a provision took effect.

This sub-section is a commencement provision and prescribes no punishment, imprisonment, or fine of its own. Instead, it determines from what date the substantive and procedural provisions of the Sanhita acquire legal force so that acts or omissions committed on or after that date can be dealt with under the relevant provisions.

An important point in Section 1(2) BNS is that different dates may be appointed for different provisions of the Sanhita. The Central Government does not have to bring every section into force on the same day, and a particular provision applies only from the date notified for it in the Official Gazette.

Key Ingredients

  • The Central Government issues a notification in the Official Gazette
  • The notification appoints the date on which the Sanhita or a specific provision comes into force
  • Different dates may be appointed for different provisions of the Sanhita

Punishment

🔒 None prescribed by this sub-section.

💰 None prescribed by this sub-section.

Section 1(2) BNS provides that the Sanhita comes into force on the date appointed by the Central Government by notification in the Official Gazette and prescribes no punishment.

Real-World Example

Ravi, a shopkeeper in Pune, is accused of an act committed before the date appointed by the Central Government in the Official Gazette for the relevant provision of the Bharatiya Nyaya Sanhita, 2023 to come into force. Under Section 1(2) BNS, the Sanhita or any of its provisions comes into force only on the date appointed by the Central Government by notification in the Official Gazette, and different dates may be appointed for different provisions.

When This Does Not Apply

  • A provision of the Sanhita for which the Central Government has not yet appointed a commencement date by notification in the Official Gazette
  • An act or omission committed before the notified date on which the relevant provision of the Sanhita came into force
  • Determining territorial or extra-territorial liability for offences, which is governed by Sections 1(3) to 1(5) BNS
  • Creating an offence or prescribing a punishment, since Section 1(2) BNS only governs when the Sanhita comes into force

Section 1(3) BNS: Punishment of offences committed within India

▶

Bare Act Text

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.

Explained in Simple Words

Section 1(3) BNS establishes territorial criminal liability within India. It states that every person shall be liable to punishment under this Sanhita, and not otherwise, for every act or omission contrary to its provisions of which he shall be guilty within India.

Key Ingredients

  • Applicability to every person regardless of nationality
  • An act or omission contrary to the provisions of the Sanhita
  • The individual must be guilty of the act or omission within India
  • Liability to punishment under the Sanhita and not otherwise

Punishment

🔒 None. Section 1(3) BNS creates no offence.

💰 None. Section 1(3) BNS creates no offence.

Section 1(3) BNS determines territorial jurisdiction over offences committed within India. It defines no offence and has no entry in the First Schedule to the BNSS.

Real-World Example

Arthur, a foreign national visiting Jaipur on a tourist visa, took a valuable antique clock from a shop without the consent of the owner. Although Arthur was not an Indian citizen, Section 1(3) BNS made every person liable for an offence committed within India. Arthur was charged with theft under Section 303 BNS and tried before the competent criminal court in Jaipur.

When This Does Not Apply

  • An offence committed beyond the territorial limits of India
  • An act or omission that violates no provision of the Sanhita
  • An act governed by a special or local law saved from the operation of the Sanhita
  • An offence or a punishment of its own, since Section 1(3) BNS creates no offence

Previous Law

IPC 2 → Section 1(3) BNS

Section 2 IPC corresponds to Section 1(3) BNS. Section 1(3) BNS preserves the substance and language of Section 2 IPC, substituting this Sanhita for this Code. The provision continues to establish the fundamental rule of territorial criminal liability for any act or omission committed within India.

Section 1(4) BNS: Punishment of offences committed beyond, but which by law may be tried within, India

▶

Bare Act Text

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.

Explained in Simple Words

Section 1(4) BNS provides that any person who is 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.

Key Ingredients

  • An act committed in any place without and beyond India
  • Liability to be tried under any law for the time being in force in India
  • The person is dealt with under the Sanhita as if the act had taken place within India

Punishment

🔒 None. Section 1(4) BNS creates no offence.

💰 None. Section 1(4) BNS creates no offence.

Section 1(4) BNS applies the Sanhita to offences committed abroad when a law in force in India makes the person triable in India. It defines no offence and has no entry in the First Schedule to the BNSS.

Real-World Example

Vikas, a citizen of India residing in Pune, travelled to Dubai for employment. During a dispute at his accommodation there, he intentionally caused the death of a co-worker and subsequently returned to India. Under Section 1(5)(a) BNS, the provisions of the Sanhita extended to offences committed by Indian citizens abroad. Section 1(4) BNS directed that Vikas be dealt with under the Sanhita as if the killing had occurred in India, allowing a prosecution for murder under Section 103(1) BNS upon obtaining the requisite governmental sanction under criminal procedure.

When This Does Not Apply

  • An act committed within the territorial boundaries of India
  • An act committed beyond India where no law in force makes the person liable to be tried in India
  • Conduct committed abroad that would not constitute an offence under the Sanhita if done within India
  • An offence or a punishment of its own, since Section 1(4) BNS creates no offence

Previous Law

IPC 3 → Section 1(4) BNS

Section 3 IPC corresponds to Section 1(4) BNS. Section 1(4) BNS preserves the rule governing offences committed beyond India. The phrase any Indian law is replaced by any law for the time being in force in India, and this Sanhita substitutes for this Code.

Section 1(5) BNS: Extension of Code to extra-territorial offences

▶

Bare Act Text

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.

Explained in Simple Words

Section 1(5) BNS extends the provisions of the Sanhita to offences committed outside India in three categories: acts committed by any citizen of India in any place without and beyond India, acts committed by any person on any ship or aircraft registered in India wherever it may be, and acts committed by any person outside India targeting a computer resource located in India. The Explanation clarifies that offence includes every act committed outside India which, if committed in India, would be punishable under the Sanhita.

Key Ingredients

  • Any citizen of India in any place without and beyond India under clause a
  • Any person on a ship or aircraft registered in India wherever situated under clause b
  • Any person abroad committing an offence targeting a computer resource located in India under clause c
  • The act outside India would be punishable under the Sanhita if committed within India

Punishment

🔒 None. Section 1(5) BNS creates no offence.

💰 None. Section 1(5) BNS creates no offence.

Section 1(5) BNS extends the Sanhita to extra-territorial offences. It defines no offence and has no entry in the First Schedule to the BNSS.

Real-World Example

Ravi, a citizen of India residing in Mumbai, travelled to Nairobi on business and dishonestly induced a local merchant to deliver valuable goods without intending payment. Obtaining property by cheating would constitute an offence under the Sanhita if committed in India. Under Section 1(5)(a) BNS, the provisions of the Sanhita extended to acts committed by Indian citizens abroad. Upon Ravi returning to Mumbai, the authorities were empowered under criminal procedure to initiate a prosecution for cheating under Section 318 BNS with the requisite governmental sanction.

When This Does Not Apply

  • An offence committed within the territory of India
  • An act committed abroad by a foreign national that does not occur on an Indian registered ship or aircraft and does not target an Indian computer resource
  • Conduct outside India that would not constitute a punishable offence under the Sanhita if committed within India
  • An offence or a punishment of its own, since Section 1(5) BNS creates no offence

Previous Law

IPC 4 → Section 1(5) BNS

Section 4 IPC corresponds to Section 1(5) BNS. Section 1(5) BNS replaces apply also with shall also apply and letters the three categories a to c. The Explanation retains the definition of offence but omits clause b, which defined computer resource by reference to the Information Technology Act, 2000. That term now receives its meaning through Section 2(39) BNS. The illustration replaces the reference to Uganda with any place without and beyond India.

Section 1(6) BNS: Certain laws not to be affected by this Act

▶

Bare Act Text

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.

Explained in Simple Words

Section 1(6) of the Bharatiya Nyaya Sanhita (BNS) is a saving clause. It says that nothing in the BNS 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. In simple terms, the BNS was never meant to override every other statute.

Special laws, local laws, and laws with separate punishment schemes continue to apply on their own terms. This section matters because Indian criminal law does not work in isolation. A person may be dealt with under the BNS, but the same facts may also attract a special law such as a law on narcotics, corruption, forests, or special local offences.

Section 1(6) BNS helps courts and lawyers decide which law governs a case. It prevents unnecessary conflict between the BNS and other enactments. In practice, this section is often used to understand whether a special statute prevails over the general BNS.

Key Ingredients

  • Provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India remain unaffected
  • Provisions of any special or local law remain unaffected by this Sanhita

Punishment

🔒 None. Section 1(6) BNS creates no offence.

💰 None. Section 1(6) BNS creates no offence.

Section 1(6) BNS is a saving clause protecting military enactments and special or local laws. It defines no offence and has no entry in the First Schedule to the BNSS.

Real-World Example

Sanjay, an airman serving at an air force station near Indore, left his unit without leave, meaning never to return to duty. Desertion is punishable under the Air Force Act, 1950. Section 1(6) BNS kept the Sanhita from affecting that Act, so Sanjay was dealt with for desertion under the Air Force Act, 1950.

When This Does Not Apply

  • A general central enactment that does not qualify as a special law or a local law
  • A matter governed directly by the general provisions of the Sanhita without any conflicting special or local statute
  • An offence or a punishment of its own, since Section 1(6) BNS creates no offence

Previous Law

IPC 5 → Section 1(6) BNS

Section 5 IPC corresponds to Section 1(6) BNS. Section 1(6) BNS repeats the saving clause of Section 5 IPC word for word, substituting this Sanhita for this Act. Any Act for punishing mutiny and desertion, and any special or local law, remains unaffected by the Sanhita.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·