(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.
(2) It shall come into force on such date1 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.
Simplified Explanation
Section 1 of the Bharatiya Nyaya Sanhita, 2023, essentially outlines the foundational aspects of the act, including its title, commencement, application, and scope. Here’s a breakdown of each part to help you understand it better:
- Title and Formal Name: The act is formally named “Bharatiya Nyaya Sanhita, 2023.” This establishes the official title by which the act will be recognized.
- Commencement: The act will come into force on a date specified by the Central Government through a notification in the Official Gazette. Different provisions of the act may come into effect on different dates, as determined by the government.
- Jurisdiction within India: The act states that any person within the territory of India is liable to punishment under this law for any acts or omissions that contravene its provisions. This establishes the geographical scope and enforceability of the act within India.
- Extraterritorial Jurisdiction: This provision extends the application of the act to offences committed outside India by any person who is subject to Indian law. This means that Indian citizens, or offences committed on Indian-registered vehicles like ships or aircraft, or any offence targeting Indian computer resources from abroad, can be prosecuted under this act as if the offence had occurred within India.
- Specific Inclusions:
- Citizens Abroad: Any Indian citizen who commits an offence outside of India can be prosecuted under this act.
- Indian Vessels and Aircraft: The act applies to any person on Indian-registered ships or aircraft, regardless of location.
- Cyber Offences: It also covers acts against Indian computer resources, regardless of the perpetrator’s location.
- Exceptions:
- The act does not supersede any laws related to the punishment of mutiny and desertion of the armed forces.
- It does not affect the provisions of any special or local laws.
This section essentially sets up the legal framework for the act, specifying who it applies to, where it applies, and its overall reach in terms of jurisdiction both within and outside India.
