Section 1 of the BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 serves as the foundational procedural law for the administration of criminal justice in India, officially replacing the Code of Criminal Procedure (CrPC), 1973. Section 1 is the “gateway” provision, defining the Act’s identity, its territorial limits, and its temporal application.

Analysis of Section 1: Title, Extent, and Commencement

1. Short Title (Sub-section 1)

The Act is formally named the Bharatiya Nagarik Suraksha Sanhita, 2023.

• Significance: The shift from “Code” to “Sanhita” and the inclusion of “Nagarik Suraksha” (Citizen Protection) signifies a move toward a victim-centric and citizen-safety-oriented legal framework.

2. Territorial Extent and Special Exemptions (Sub-section 2)

The Sanhita extends to the whole of India. However, it carries forward the traditional “asymmetric application” found in the CrPC to respect the unique socio-political fabric of certain regions.

• General Exemption: The provisions of the BNSS do not apply to:
  1. The State of Nagaland.
  2. The “Tribal Areas” (as defined in the Sixth Schedule of the Constitution, specifically territories in Assam as they existed before January 21, 1972, excluding Shillong municipality).
• The “Exceptions to the Exemption”: Even in these areas, Chapters IX, XI, and XII of the BNSS shall apply. These chapters relate to:
  • Chapter IX: Security for keeping the peace and for good behaviour.
  • Chapter XI: Maintenance of public order and tranquility.
  • Chapter XII: Preventive action of the police.
• State Government’s Power: The concerned State Government (e.g., Nagaland) retains the power to notify the application of the entire Sanhita or specific parts to these areas, with necessary top-tier modifications.

3. Commencement (Sub-section 3)

The Central Government notified July 1, 2024, as the date on which the BNSS came into force.

• Key Note: While most provisions became active on this date, certain specific entries (like Section 106(2) of the BNS regarding hit-and-run cases) were initially stayed or pending further notification due to administrative and social consultations.

Rationale for Limited Applicability

The decision to exclude Nagaland and tribal areas from the bulk of the Sanhita is a proven method of protecting customary laws.

• Article 371A: The Constitution of India provides special protections for Nagaland, where no Act of Parliament regarding “administration of civil and criminal justice involving decisions according to Naga customary law” shall apply unless the Legislative Assembly of Nagaland so decides.
• Preserving Customary Justice: In these regions, many disputes are resolved through village councils and traditional methods. Forcing a high-complexity procedural code could disrupt local peace.
• Public Order Exception: By making Chapters IX, XI, and XII mandatory, the Union ensures that the best tools for preventing riots, maintaining peace, and taking preventive police action are uniform across the nation, regardless of local customary law.

Relevant Case Laws and Judicial Interpretations

Since the BNSS is a successor to the CrPC, the judicial logic applied to Section 1 of the CrPC remains highly relevant for Section 1 of the BNSS.

1. State of Nagaland v. Ratan Singh (1966): The Supreme Court upheld the validity of similar exemptions in the old code. It ruled that the exclusion of certain areas from the technicalities of the procedural code does not violate Article 14 (Right to Equality), as the local conditions justify a simpler procedure.
2. State of Mizoram v. C. Sangnghina (2018): The Court clarified that even where the Code (now Sanhita) does not strictly apply, the “spirit” of the Code—principles of fair trial, natural justice, and equity—must still guide the courts.
3. Vajravelu v. State (2024 Context): Post-commencement, courts have emphasized that for proceedings initiated after July 1, 2024, the BNSS is the best visible authority, but for ongoing trials (pending cases), the transition provisions under Section 531 must be consulted.

Comparison Table: BNSS vs. CrPC (Section 1)