Section 4 BNSS: Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 4 BNSS at a Glance

Section 4 BNSS deals with trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. It replaced Section 4 CrPC on 1 July 2024.

Section 4 BNSS Bare Act Text

(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Source: Section 4, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 4 BNSS in Simple Words

Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says which procedure applies to offences.

Under Section 4(1) BNSS, all offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of the Sanhita.

Under Section 4(2) BNSS, all offences under any other law shall be dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

When Section 4 BNSS Applies

  • Every offence under the Bharatiya Nyaya Sanhita, 2023 shall be handled across investigation, inquiry, trial, and all other stages under Section 4(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Investigations, inquiries, trials, and other proceedings for offences under the Bharatiya Nyaya Sanhita, 2023 shall follow the procedural provisions set out in the Sanhita under Section 4(1) BNSS.
  • Where an offence is under any law other than the Bharatiya Nyaya Sanhita, 2023, the procedures in the Sanhita shall govern its investigation, inquiry, trial, and other handling under Section 4(2) BNSS.
  • Section 4(2) BNSS makes the procedure in the Sanhita subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with offences under that other law.

Example of Section 4 BNSS

Arjun is accused of an offence under the Bharatiya Nyaya Sanhita, 2023, and Meera is accused of an offence under another law. Under Section 4(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence against Arjun shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Sanhita. For the offence against Meera under the other law, Section 4(2) BNSS states that the case shall also be dealt with according to the same provisions of the Sanhita, subject to that enactment. If that enactment regulates the manner of investigation, the investigation against Meera follows the manner that enactment provides.

When Section 4 BNSS Does Not Apply

  • Under Section 4(2) BNSS, the provisions of the Sanhita do not govern the manner or place of investigating, inquiring into, trying, or otherwise dealing with an offence under another law to the extent that an enactment for the time being in force regulates that manner or place.

Section 4 BNSS in the CrPC (Previous Law)

Section 4 BNSS replaced Section 4 CrPC from 1 July 2024.

Section 4 of the Code of Criminal Procedure, 1973 became Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with the same section and sub-section numbering. The only wording differences are in the section heading and in Section 4(1) BNSS, where the reference to the Indian Penal Code in Section 4(1) CrPC is replaced with a reference to the Bharatiya Nyaya Sanhita, 2023. Those updated statutory references are changes of form. Both the rule in Section 4(1) BNSS and the entire text of Section 4(2) BNSS for offences under any other law are unchanged.

Each sub-section below names its own source.

FAQs on Section 4 BNSS

How are offences under the Bharatiya Nyaya Sanhita, 2023 dealt with under Section 4 BNSS?โ–ผ

Section 4(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Sanhita. So investigation, inquiry, trial and every other step in a case of such an offence follow the procedure in the Sanhita.

Does the Bharatiya Nagarik Suraksha Sanhita, 2023 apply to offences under other laws?โ–ผ

Yes, Section 4(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions of the Sanhita. Section 4(2) BNSS makes this general rule subject to any enactment for the time being in force that regulates the manner or place of investigating, inquiring into, trying, or otherwise dealing with such offences.

When does another enactment override the procedure in the Sanhita under Section 4(2) BNSS?โ–ผ

Under Section 4(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provisions of the Sanhita apply to offences under any other law subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying, or otherwise dealing with such offences. Where an enactment in force regulates that manner or place, that enactment governs those aspects under Section 4(2) BNSS.

What changed from Section 4 CrPC to Section 4 BNSS from 1 July 2024?โ–ผ

Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 4 of the Code of Criminal Procedure, 1973 from 1 July 2024. In the section heading and in Section 4(1) BNSS, the reference to the Indian Penal Code is replaced with a reference to the Bharatiya Nyaya Sanhita, 2023, which is a change of form. The wording of Section 4(2) BNSS on offences under any other law is unchanged from Section 4(2) CrPC.

Section 4 BNSS: Sub-sections Explained

Section 4(1) BNSS: Trial of offences under the Indian Penal Code and other laws

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Bare Act Text

(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

Previous Law

CrPC 4 โ†’ Section 4(1) BNSS

Section 4(2) BNSS: Trial of offences under the Indian Penal Code and other laws

โ–ถ

Bare Act Text

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Previous Law

CrPC 4(2) โ†’ Section 4(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 18 Oct 2026 ยท