Lecture Notes on Bharatiya Nyaya Sanhita, 2023
For Law Students and Civil Judge Aspirants
Chapter I – Preliminary
The Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023) has been enacted to consolidate and amend the provisions relating to offences in India. It repeals and replaces the Indian Penal Code, 1860, with a modernized framework.
Section 1 – Short Title, Commencement, and Extent
Short Title:
This Act shall be called the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023).
Commencement:
It shall come into force on such date as the Central Government may notify in the Official Gazette.
Different provisions may come into effect on different dates.
Example: The Government may notify that provisions relating to “offences against women” will come into force on 1st January 2024, while provisions relating to “cybercrime” may come into force later.
Territorial Extent and Liability:
Every person shall be liable for acts or omissions contrary to the BNS, if committed within India.
No person shall be punished except under the provisions of this Sanhita.
Example: If a person commits theft in Delhi, he cannot be punished under any other law but only under the relevant section of BNS, 2023
Section 2 – Extra-Territorial Application of Law
The BNS extends beyond India in the following circumstances:
Citizens of India abroad
Any Indian citizen committing an offence outside India shall be liable under the BNS.
✅ Example:
An Indian citizen “A” commits murder in Nepal. Even though the act took place outside India, A can be tried for murder in India once he is found within the territory of India.Offences on Indian registered ships or aircraft
Any person committing an offence on an Indian registered ship or aircraft, regardless of its location, is subject to BNS.
✅ Example:
If “B” commits theft while traveling on an Air India flight flying over Europe, he can still be tried under BNS in India.Cyber Offences targeting Indian resources
Any person outside India committing an offence that targets a computer resource in India will be covered under BNS.
✅ Example:
A hacker in Russia attacks a banking server in Mumbai. This cyber-attack will be punishable under BNS as if committed within India.
Section 3 – Explanation and Illustration
The term “offence” includes every act committed outside India, which if committed within India, would be punishable under the BNS.
✅ Illustration given in the Act:
A, an Indian citizen, commits murder outside India.
He may be tried and punished in any Indian court where he is found.
Section 4 – Saving Clause
Nothing in this Sanhita affects provisions of any other law relating to:
Punishment for mutiny or desertion of soldiers, sailors, or airmen in the service of the Government of India.
Provisions of any special or local law.
✅ Example:
The Army Act, 1950 continues to apply for disciplinary offences of army personnel, and such offences will not be tried under BNS but under the special law itself.
Key Takeaways for Students
BNS replaces IPC, 1860 but retains similar structure with modernized provisions.
Universal Jurisdiction for Indians – Indian citizens remain accountable for crimes committed abroad.
Cyber Jurisdiction introduced – Clear coverage of global cybercrime impacting Indian resources.
Special Laws saved – Defence laws and local laws still operate independently.
Practical Relevance for Civil Judge Exam
Questions may be framed as:
Define the extent of applicability of BNS, 2023.
Explain the jurisdiction of Indian Courts over offences committed outside India.
Whether an Indian citizen committing a crime abroad can be tried under BNS? Illustrate.
Discuss the saving clause of BNS with reference to special laws.
📌 Exam Tip: Always remember that jurisdiction is the foundation of criminal law. The preliminary chapter of BNS ensures that no act, whether inside or outside India, escapes legal accountability if it affects India or its citizens.