Section 5 BNSS: Saving

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 5 BNSS at a Glance

Section 5 BNSS deals with saving. It replaced Section 5 CrPC on 1 July 2024.

Was CrPC

Section 5 BNSS Bare Act Text

5. Saving
Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

Source: Section 5, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 5 BNSS in Simple Words

Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a saving provision.

Under Section 5 BNSS, nothing contained in the Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force.

Nothing in the Sanhita shall, in the absence of such a provision, affect any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

When Section 5 BNSS Applies

Nothing in the Bharatiya Nagarik Suraksha Sanhita, 2023 shall affect the operation of any special law or local law that is for the time being in force.
Nothing in the Bharatiya Nagarik Suraksha Sanhita, 2023 shall affect any special jurisdiction or power conferred by any other law for the time being in force.
When another law for the time being in force lays down a special form of procedure, nothing in the Sanhita shall affect that prescribed procedure.
The saving in Section 5 BNSS applies in the absence of a specific provision to the contrary.

Example of Section 5 BNSS

Ananya faces a proceeding before an authority headed by Vikram under a local law that is for the time being in force. That local law confers a special jurisdiction on Vikram and prescribes a special form of procedure for the matter. Ananya argues that the general procedure in the Bharatiya Nagarik Suraksha Sanhita, 2023 must be followed instead of the special procedure in the local law. There is no specific provision to the contrary in the Sanhita that overrides the local law. Under Section 5 BNSS, nothing contained in the Sanhita shall affect the local law, the special jurisdiction conferred on Vikram, or the special form of procedure prescribed by that law. Vikram therefore conducts the proceeding under the special form of procedure.

When Section 5 BNSS Does Not Apply

The saving rule in Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply when the Sanhita contains a specific provision to the contrary.
Section 5 BNSS does not save a jurisdiction, power, or form of procedure unless it is a special jurisdiction or power conferred, or a special form of procedure prescribed, by another law for the time being in force.

Section 5 BNSS in the CrPC (Previous Law)

Section 5 BNSS replaces Section 5 CrPC from the old criminal code.

Section 5 of the Code of Criminal Procedure, 1973 is retained as Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the same section number and the same heading, Saving. Between Section 5 CrPC and Section 5 BNSS, the only wording change is the replacement of the words this Code with the words this Sanhita. This substitution is a change of form. The legal rule is unchanged, including the exception for a specific provision to the contrary and the saving of special or local laws and special jurisdictions, powers, and forms of procedure under other laws for the time being in force.

View CrPC Section 5 →

FAQs on Section 5 BNSS

What does Section 5 BNSS save?▼

Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that nothing contained in the Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force. In the same way, nothing in the Sanhita shall affect any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

When can a provision in the Sanhita affect a special or local law under Section 5 BNSS?▼

A provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 can affect a special or local law only when the Sanhita contains a specific provision to the contrary. Section 5 BNSS states that nothing contained in the Sanhita shall affect any special or local law for the time being in force, or any special jurisdiction, power, or form of procedure under another law in force, in the absence of a specific provision to the contrary.

Does Section 5 BNSS preserve special powers and procedures conferred by other laws in force?▼

Yes. Alongside special and local laws, Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly covers any other law for the time being in force that confers a special jurisdiction or power or prescribes a special form of procedure. Nothing contained in the Sanhita shall affect that special jurisdiction, special power, or special form of procedure in the absence of a specific provision to the contrary.

What changed from Section 5 CrPC to Section 5 BNSS from 1 July 2024?▼

From 1 July 2024, Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 5 of the Code of Criminal Procedure, 1973. The only change in the text is that the word Code is replaced with the word Sanhita, which is a change of form. The section number, heading, and legal rule are unchanged. Nothing in the Sanhita affects any special or local law, or any special jurisdiction, power, or procedure under another law in force, without a specific provision to the contrary.

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