Section-1 Short title, extent and commencement.

- This law is called the Bharatiya Nagarik

Suraksha Sanhita, 2023.

Where It Applies: Most of the rules in this law won’t apply to:

The State of Nagaland.

Certain tribal areas.

 Specific Provisions for Excluded Areas:

 For instance, the government of Nagaland, led by Chief Minister Mr. Rohan Lotha,
decides to adopt the law. They issue a notification specifying how the law will be
modified to suit local needs.
 Similarly, in the tribal areas of Assam, like the Garo Hills, the local authorities may
decide to implement parts of the law to improve local security while making necessary
changes to fit local customs and requirements.

 Explanation of Tribal Areas:

 Before January 21, 1972, certain regions like the Garo Hills were part of Assam's tribal
areas. These areas have unique administrative setups and cultural practices.
 For instance, the tribal leaders in the Garo Hills, such as Mr. Arjun Sangma, might
discuss and decide on how to adapt the provisions of the Bharatiya Nagarik Suraksha
Sanhita for their community.

Section -2 Definitions

(1) a. Audio-video electronic: Any communication device used for video conferencing, recording
processes of identification, search and seizure, or evidence.

Example :- During a court case, a witness who cannot attend in person gives their testimony
through video conferencing.

b. bail: The release of a person accused or suspected of committing an offense from custody,
based on conditions imposed by an officer or court.

Example :- A person accused of theft is released from jail after posting bail, with the
condition that they must not leave the city and must report to the police station weekly.

c. bailable offence: An offense that is listed as bailable in the First Schedule or any other law;
non-bailable offence refers to any other type of offense.
Example :- A person is arrested for a minor traffic violation, which is a bailable offence. They can
secure their release by posting bail. In contrast, a serious offense like murder is non-bailable,
requiring the accused to stay in custody until a court hearing.

d. bail bond: An undertaking for release with a surety.

Example :- An individual accused of fraud provides a bail bond, where a surety (a friend or
family member) guarantees their court appearance.

e. bond: A personal bond or an undertaking for release without surety.

Example :- A person suspected of a minor offense is released without having to provide a

surety but promises to appear in court when required.

f. charge: Any head of charge when there are multiple charges.

Example :- A person is charged with multiple offenses, including burglary and assault. Each
offense constitutes a separate head of charge.

g. cognizable offence: An offense where a police officer can arrest without a warrant.

Example :- A police officer witnesses a person committing robbery and arrests them
immediately without needing a warrant.

h. complaint: An allegation made to a Magistrate, orally or in writing, to take action against a

person who has committed an offense, excluding a police report. A police report disclosing a
non-cognizable offense is treated as a complaint, and the reporting officer is the complainant.

Example :- A woman goes to a Magistrate and files a complaint, stating that her neighbor
has been harassing her, asking for the Magistrate to take action.

i. electronic communication: The transfer of any written, verbal, pictorial, or video content
through electronic devices such as telephones, mobile phones, computers, or any other
specified electronic devices.

Example :- Two business partners use email and video calls to discuss and finalize a contract.

j. High Court: (i). For any State, the High Court of that State.

(ii). For a Union territory under the jurisdiction of a State’s High Court, that High Court.

(iii). For any other Union territory, the highest Court of criminal appeal for that territory,
excluding the Supreme Court of India.

Example :- (i). In Karnataka, the High Court of Karnataka handles all major legal disputes
within the state.
 (ii). The High Court of Delhi has jurisdiction over legal matters in the Union Territory of Delhi.

(iii). The Andaman and Nicobar Islands’ highest court for criminal appeals, other than the
Supreme Court of India, handles significant legal cases in the territory.

k. inquiry: Every investigation, other than a trial, conducted by a Magistrate or Court under this
Sanhita.

Example :- A Magistrate conducts an inquiry into allegations of public nuisance before deciding
whether to proceed with a trial.

l. investigation: All proceedings for collecting evidence conducted by a police officer or

authorized person, excluding a Magistrate. Provisions of special Acts take precedence over this
Sanhita.

Example :- After a theft is reported, police officers gather evidence by interviewing witnesses,
collecting fingerprints, and reviewing CCTV footage.

m. judicial proceeding: Any proceeding where evidence is or may be legally taken on oath.

Example :- During a trial, witnesses give their testimonies under oath, making it a judicial
proceeding.

n. local jurisdiction: The area within which a Court or Magistrate exercises its powers, specified
by the State Government.

Example :- A Magistrate in Mumbai can only exercise their powers within the Mumbai
metropolitan area, as specified by the Maharashtra State Government.

o. non-cognizable offence: An offense where a police officer cannot arrest without a warrant.

Example :- A person reports defamation to the police. The police cannot arrest the accused
without obtaining a warrant first.

p. notification: A notification published in the Official Gazette.

Example :- The Central Government issues a notification in the Official Gazette, announcing new
regulations for online transactions.

q. offence: Any punishable act or omission defined by law, including acts for which a complaint
can be made under section 20 of the Cattle Trespass Act, 1871.

Example :- A person commits theft, which is punishable under the Indian Penal Code, making it
an offense. Similarly, illegally trespassing on someone’s property and damaging their crops
could be an offense under the Cattle Trespass Act, 1871.
r. officer in charge of a police station: The police officer in charge, or in their absence, the next
in rank present at the station above the rank of constable, or any other police officer specified
by the State Government.

Example :- If the Station House Officer (SHO) of a police station is on leave, the next highest-
ranking officer, such as a sub-inspector, takes charge of the station.

s. place: Includes a house, building, tent, vehicle, and vessel.

Example :- A police search warrant specifies a particular house where illegal activities are
suspected to be occurring.

t. police report: A report forwarded by a police officer to a Magistrate under section 193(3).

Example :- After investigating a case of theft, a police officer submits a report to the Magistrate,
detailing the findings and evidence collected.

u. police station: Any place declared by the State Government as a police station, including
specified local areas.

Example :- A new police outpost is established in a remote village and is declared a police
station by the State Government.

v. Public Prosecutor: A person appointed under section 18, including anyone acting under the
directions of a Public Prosecutor.

Example :- In a high-profile murder case, the State Government appoints a seasoned Public
Prosecutor to represent the state in court.

w. sub-division: A sub-division of a district.

Example :- The district of Pune is divided into several sub-divisions for administrative purposes,
each with its own set of local government offices.

x. summons-case: A case relating to an offense that is not a warrant-case.

Example :- A person is summoned to court for a minor offense like public intoxication, which is
handled as a summons-case.

y. victim: A person who has suffered loss or injury due to the accused person’s actions, including
the guardian or legal heir of the victim.

Example :- In a hit-and-run case, the injured pedestrian is considered the victim, and if the
victim dies, their legal heir can represent them in court.

z. warrant-case: A case relating to an offense punishable by death, life imprisonment, or

imprisonment for more than two years.
Example :- A person accused of homicide is tried in a warrant-case, given the severity of the
charges, which can result in a long prison sentence or even the death penalty.

(2) Explanation: If a word or expression is used in this document (Sanhita) but is not defined
within it, then the definition provided in the Information Technology Act, 2000, or the Bharatiya
Nyaya Sanhita, 2023, will apply.

Illustration: Suppose the term "cybercrime" is used in this document but is not explicitly
defined here. To understand what "cybercrime" means, one would refer to the Information
Technology Act, 2000, where the term might be defined.

Section-3 Construction of references

Explanation: This means that when any law mentions a "Magistrate" without specifying further,
it should be understood to refer to either a Judicial Magistrate of the first class or second class,
depending on the context, who has authority in that area.

Illustration:

 General Reference: If a law states that a "Magistrate" must approve a search warrant, it
means that either a Judicial Magistrate of the first class or second class in the concerned
area can approve it.
 Specific Context: If the law specifies a "Magistrate of the first class" for certain decisions,
then it refers to a Judicial Magistrate of the first class in that area.

Explanation:

 Subsection (a): If a law involves evaluating evidence, making decisions that could punish
someone, or detaining someone pending a trial, these functions must be performed by a
Judicial Magistrate.
 Subsection (b): If a law involves administrative or executive tasks like granting or
canceling licenses, or deciding to prosecute or withdraw prosecution, these functions
should be performed by an Executive Magistrate, as long as it does not involve the
functions mentioned in (a).

Illustration:

 Judicial Functions (a): A law requires a Magistrate to decide whether there is enough
evidence to put someone on trial for theft. This decision-making, which involves
evaluating evidence and potentially leading to punishment, must be done by a Judicial
Magistrate.
 Executive Functions (b): A law requires a Magistrate to grant or revoke a business
license. This administrative task does not involve evaluating evidence or deciding on
punishment, so it should be performed by an Executive Magistrate.
Real-Life Examples:

 Judicial Function Example: If a person is arrested and the court needs to decide whether
they should be kept in custody until the trial, a Judicial Magistrate will make this
decision.
 Executive Function Example: If a vendor applies for a license to sell food in a public area,
an Executive Magistrate will handle the application and grant or deny the license.

Section-4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and

other laws.

Explanation: Any crime committed under the Bharatiya Nyaya Sanhita, 2023 will be handled
(investigated, inquired into, and tried) following the specific rules and procedures outlined in this
legal document.

Illustration:

 Example: If someone commits theft, which is an offence under the Bharatiya Nyaya
Sanhita, 2023, the police will investigate the crime, and the court will conduct the trial
according to the procedures set out in this document.

Explanation: Crimes committed under laws other than the Bharatiya Nyaya Sanhita, 2023 will
also be handled following the procedures outlined in the Sanhita, unless there is another law that
provides a different procedure or location for dealing with those specific crimes.

Illustration:

 Example: If someone violates the Information Technology Act, 2000,

the investigation and trial will follow the procedures in the Bharatiya
Nyaya Sanhita, 2023. However, if the Information Technology Act
specifies a different way or place to handle such cases, those specific
rules will take precedence.

Real-Life Examples:

1. Under Bharatiya Nyaya Sanhita, 2023:

o Scenario: A person is caught committing robbery.
o Process: The police will investigate the robbery, and the court
will conduct the trial using the procedures specified in the
Bharatiya Nyaya Sanhita, 2023.

2. Under Other Law:

o Scenario: A company is accused of violating environmental
regulations under the Environment Protection Act.
 o Process: The investigation and trial will generally follow the
procedures in the Bharatiya Nyaya Sanhita, 2023, but if the
Environment Protection Act specifies that such cases should be
handled by a special environmental court, those specific
provisions will be followed.

Section-5 Saving

Explanation: This section means that the rules and procedures outlined in the Bharatiya Nyaya
Sanhita, 2023 will not override any special or local laws that are currently in force unless the
Sanhita specifically states otherwise. Additionally, if any other law gives certain authorities
special powers or sets out special procedures, those will continue to apply.

Illustration:

 General Rule: The procedures in the Bharatiya Nyaya Sanhita, 2023

will generally be followed.
 Special Law: If there is a local law that deals with a specific issue,
such as a Municipal Act that prescribes unique procedures for handling
municipal offenses, those special procedures will still be valid and
followed, unless the Sanhita specifically states that its procedures will
override the local law.

Real-Life Example:

1. Special Law Scenario:

o Scenario: A local Municipal Act has specific procedures for
handling violations of municipal regulations, such as fines for
improper waste disposal.
o Process: If someone violates a municipal regulation, the special
procedures outlined in the Municipal Act (e.g., specific fines or
hearing processes) will be followed, even though the Bharatiya
Nyaya Sanhita, 2023 provides general procedures for handling
offenses.

2. Special Jurisdiction or Power:

o Scenario: The Narcotic Drugs and Psychotropic Substances Act
grants special powers to certain officers to conduct searches and
seizures related to drug offenses.
o Process: These officers will continue to use their special powers
under the NDPS Act, even though the Bharatiya Nyaya Sanhita,
2023 contains general rules for searches and seizures.

3. Special Form of Procedure:

 o Scenario: The Companies Act prescribes a specific procedure for
handling cases of corporate fraud, including special courts and
specific timelines.
o Process: Cases of corporate fraud will be handled according to
the special procedures in the Companies Act, rather than the
general procedures in the Bharatiya Nyaya Sanhita, 2023, unless
the Sanhita specifically states it overrides those procedures

Section-6 Classes of Criminal Courts.

Explanation: This section lists the different types of criminal courts that exist in every state, in
addition to the High Courts and any other courts established under different laws. The classes of
criminal courts include:

1. Courts of Session: These are higher-level trial courts that handle

serious criminal cases, such as murder and rape.
2. Judicial Magistrates of the first class: These magistrates handle
less serious criminal cases and have more authority than second-class
magistrates.
3. Judicial Magistrates of the second class: These magistrates
handle minor criminal cases and have less authority compared to first-
class magistrates.
4. Executive Magistrates: These magistrates handle administrative and
executive functions, such as maintaining public order and peace,
rather than judicial functions.

Real-Life Example:

1. Court of Session:
o Scenario: A person is charged with murder.
o Process: The case will be tried in the Court of Session, which
has the authority to handle serious offenses and can impose
severe punishments like life imprisonment or death penalty.

2. Judicial Magistrate of the First Class:

o Scenario: A person is charged with theft involving a significant
amount of money.
o Process: The case will be tried by a Judicial Magistrate of the
first class, who can impose penalties such as imprisonment for
up to three years or fines.

3. Judicial Magistrate of the Second Class:

o Scenario: A person is charged with causing a minor public
disturbance.
 o Process: The case will be handled by a Judicial Magistrate of the
second class, who can impose lighter penalties like imprisonment
for up to one year or smaller fines.

4. Executive Magistrate:
o Scenario: During a public event, there is a potential for a riot,
and a magistrate needs to take preventive action.
o Process: An Executive Magistrate steps in to issue orders to
maintain public order, such as imposing a curfew or directing the
police to take preventive measures.

Section-7 Territorial divisions.

(1) Explanation: This section establishes that each state must be organized into sessions
divisions, which are typically equivalent to districts for the purposes of this Sanhita. A
sessions division can either be a single district or can encompass multiple districts within
the state.

Illustration:

 State Organization:
o Example: Consider a state with multiple districts like
Maharashtra. Under this provision, Maharashtra would be
organized into sessions divisions, which could correspond to its
existing districts (e.g., Mumbai, Pune, Nagpur) or groups of
districts (e.g., Vidarbha sessions division comprising several
districts in the Vidarbha region).

(2) Explanation: This clause grants the state government the authority, in consultation with
the High Court, to change the boundaries or the number of sessions divisions and districts
within the state.

Illustration:

 Boundary Alteration:
o Example: If a state undergoes significant demographic changes,
such as population growth in certain regions, the state
government might decide to create a new sessions division or
adjust district boundaries accordingly to ensure effective
administration and judicial management.

(3) Explanation: This provision allows the state government, in consultation with the High
Court, to further divide existing districts into smaller sub-divisions or adjust the number
and boundaries of these sub-divisions as needed.
Illustration:

 Sub-division Creation:
o Example: In Uttar Pradesh, a large state with many districts, the
state government may decide, in consultation with the High
Court, to divide a district like Lucknow into smaller sub-divisions
for administrative and judicial efficiency, such as North Lucknow
and South Lucknow.

(4) Explanation: This clause confirms that all existing sessions divisions, districts, and sub-
divisions within a state at the time this Sanhita comes into effect are considered to have
been established in accordance with the provisions of this section.

Illustration:

 Continuation of Existing Structures:

o Example: If Karnataka has existing sessions divisions like
Bangalore and Mysore, along with their respective districts and
sub-divisions, these administrative and judicial divisions are
automatically recognized under the Bharatiya Nyaya Sanhita,
2023, without needing to be reorganized unless the state
government decides otherwise.

Section-8 Court of Session.

(1) Explanation: This section mandates that for each sessions division within
a state, the state government must set up a Court of Session. Sessions
divisions are administrative units typically equivalent to districts.

Illustration:

 Implementation:
o Example: In Rajasthan, which is divided into several districts
and sessions divisions like Jaipur, Jodhpur, and Udaipur, the state
government must establish a Court of Session in each of these
divisions to handle serious criminal cases.

(2) Explanation: Each Court of Session will have a presiding Judge who is appointed by the
High Court of the respective state.

Illustration:

 Judicial Appointment:
o Example: In Gujarat, the High Court appoints a Judge to preside
over the Court of Session in Ahmedabad sessions division,
 ensuring that qualified judges oversee the trial of serious
criminal cases.

(3) Explanation: The High Court has the authority to appoint Additional Sessions Judges who
can assist the Sessions Judge in handling cases within the Court of Session.

Illustration:

 Supplementary Judicial Role:

o Example: In Tamil Nadu, where the Chennai sessions division
operates, the High Court appoints Additional Sessions Judges to
support the Sessions Judge in managing the workload of criminal
cases.

(4) Explanation: A Sessions Judge from one sessions division may also be appointed as an
Additional Sessions Judge in another division by the High Court. This allows the judge to
preside over cases in multiple divisions as needed.

Illustration:

 Cross-Divisional Jurisdiction:
o Example: In Karnataka, a Sessions Judge from Bangalore may be
appointed by the High Court as an Additional Sessions Judge in
Mysore sessions division, enabling the judge to handle cases in
both divisions based on workload and judicial requirements.

(5) Explanation: In cases where the position of Sessions Judge is vacant, the High Court can
delegate urgent applications to be handled by an Additional Sessions Judge or, if none are
available, by the Chief Judicial Magistrate within the sessions division.

Illustration:

 Temporary Jurisdiction:
o Example: In Maharashtra, if the Pune sessions division's
Sessions Judge position is vacant, urgent applications may be
addressed by an Additional Sessions Judge or the Chief Judicial
Magistrate until a new Sessions Judge is appointed.

(6) Explanation: Normally, the Court of Session holds its proceedings at locations specified by
the High Court. However, in certain cases where it benefits the convenience of parties and
witnesses, the court can hold hearings at other locations within the sessions division with the
consent of both the prosecution and the accused.
Illustration:

 Flexible Hearing Locations:

o Example: In Kerala, if a criminal case from the
Thiruvananthapuram sessions division involves witnesses
primarily residing in Kollam, the Court of Session may relocate
temporarily to Kollam for the convenience of all parties involved.

(7) Explanation: The Sessions Judge has the authority to allocate cases among Additional
Sessions Judges within the division, ensuring efficient distribution of judicial work.

Illustration:

 Case Management:
o Example: In Punjab, the Sessions Judge of the Amritsar sessions
division can distribute cases among Additional Sessions Judges to
balance workload and expedite the trial process.

(8) Explanation: If the Sessions Judge is unavailable or unable to act,

provisions are made for urgent applications to be handled by an Additional
Sessions Judge or, if none are available, by the Chief Judicial Magistrate, who
are granted temporary jurisdiction for such applications.

Illustration:

 Emergency Applications:
o Example: In Uttar Pradesh, during the absence of the Sessions
Judge in the Lucknow sessions division, urgent applications may
be addressed by an Additional Sessions Judge or the Chief
Judicial Magistrate to ensure timely judicial decisions.

Explanation: In the context of the Bharatiya Nyaya Sanhita, 2023, "appointment" excludes the
initial hiring, posting, or promotion of a person by the government to any position mandated by
law related to Union or State affairs.

 Real-Life Example: If a government law requires that a position like a district judge
must be initially appointed by specific government regulations, such as passing a judicial
services exam, that initial hiring process would not fall under the Sanhita's definition of
"appointment". Instead, the Sanhita's focus is on subsequent actions such as transfers or
promotions within the judicial or administrative framework.