Trial of Offences – Section 4 of the BNSS, 2023

Section 4 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (India) serves as the “Master Procedure” clause. It establishes the BNSS as the primary legal machinery for handling all criminal acts in India, whether they are defined under the Bharatiya Nyaya Sanhita (BNS) or under special local statutes (like the NDPS Act, UAPA, or POCSO).

This section ensures that the best visible path for justice—from the moment an FIR is filed to the final judgment—follows a uniform, codified process.

Universal Applicability for BNS Offences (Sub-section 1)

Sub-section 1 mandates that all offences under the Bharatiya Nyaya Sanhita, 2023, must follow the BNSS for four key stages of the legal process:

1. Investigation: The collection of evidence, forensic examination, and police inquiry.
2. Inquiry: Pre-trial proceedings conducted by a Magistrate.
3. Trial: The formal judicial process to determine guilt or innocence.
4. Otherwise Dealt With: Any other procedural action, such as bail applications, sentencing, or appeals.

This creates a high level of procedural certainty, as the BNS (substantive law) cannot function without the BNSS (procedural law).

Applicability to Special and Local Laws (Sub-section 2)

India has numerous Special Acts (e.g., Arms Act, PMLA, Food Safety Act) that define specific crimes. Sub-section 2 governs how these are handled:

• The General Rule: Even offences under special laws are investigated and tried according to the BNSS.
• The “Subject To” Caveat: If a special law has its own specific rules for investigation (like the unique search powers in the NDPS Act) or specific courts (like NIA Special Courts), then the special law prevails.
• Prevalence of Special Law: This is a proven legal principle—generalia specialibus non derogant (general laws do not derogate from special laws). If the BNSS and a Special Act conflict, the Special Act’s specific procedure is the best-fit legal choice.

Key Implications for the Legal System

1. Filling the “Legal Vacuum”

Special laws often define an offence but do not provide a full trial procedure. Section 4 ensures that there is never a “legal vacuum.” If a special law is silent on how to grant bail or record a witness statement, the BNSS automatically steps in to fill that gap.

2. Forensic and Digital Mandates

Since Section 4(1) subjects all BNS crimes to BNSS, the new high-tech requirements—such as mandatory forensics for offences punishable by 7+ years—now apply universally to all major crimes in India.

3. Uniformity in Justice

By centralizing the “trial of offences” under one Sanhita, the state ensures that the best visible standards of a fair trial (Article 21) are applied consistently across different types of criminal cases.

Notable Cases Law Context

Historically, courts have used this provision (formerly Section 4 of the CrPC) to resolve conflicts between general and special procedures.

1. Rohtas Singh v. State of Haryana: The court held that if a special statute provides a procedure, that procedure must be followed. The general code only applies to the extent that the special law is silent.
2. Mirza Iqbal Hussain v. State of UP: Confirmed that the “spirit” and basic safeguards of the general procedural code (now BNSS) must apply even to special trials to ensure constitutional fairness.
3. Explanation in Section 2(1)(l) of BNSS: The Sanhita itself now explicitly states that where provisions of a special Act are inconsistent with BNSS, the special Act shall prevail, reinforcing the principle in Section 4(2).

Summary of Procedural Hierarchy