Explainer | Territorial Jurisdiction under the Bharatiya Nyaya Sanhita, 2023

Section 1 of the Bharatiya Nyaya Sanhita, 2023, lays the foundation of this Act by specifying its short title, commencement, extent, and applicability. It explains when the law comes into effect, where it applies, and to whom it applies, including circumstances where its provisions extend beyond the territorial limits of India.

This section serves as the introductory provision of the Bharatiya Nyaya Sanhita, defining the jurisdictional framework within which Indian criminal law operates.  Understanding Section 1 is crucial, as it establishes the legal reach and applicability of the Criminal Sanhita before examining any specific offenses or punishments. Bare text of section 1 of Bharatiya Nyaya Sanhita, 2023 is given hereinbelow –

Section 1 – Short title, commencement and application: –

(1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.

(2) It shall come into force on such date 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.

Section 1(1) of the Sanhita deals with the Short Title of the statute i.e.  Bharatiya Nyaya Sanhita, 2023

Section 1(2) of the Sanhita deals with the enforcement of the Sanhita w.e.f. 1-07-2024 except the provisions of sub-section (2) of section 106 of the Sanhita, 2023 vide S.O. 850(E), dated 23-03-2024.

Section 1(3) of the Sanhita deals with the intra-territorial jurisdiction of the statute. This signifies that every person within India is subject to this law for any act or omission that violates the provisions of the Sanhita. This ensures territorial jurisdiction, meaning thereby any crime committed within the geographical limits of India will be governed by the BNS. The person committing the offence may be Indian or foreigner if the offence is within Indian geographical limits.

Example: If a person commits theft of a property in Lucknow, he will be prosecuted under the relevant section of the BNS, which deals with theft.

In State of Maharashtra v. M. H. George (1965), the Supreme Court of India examined whether a foreigner committing an offence within the territorial limits of India could be held liable under the criminal law of India applicable at that time.

The Court held that it is not necessary for Indian laws to be specially published or communicated to foreigners entering the country. The plea of ignorance of law on the ground of unfamiliarity with Indian statutes was categorically rejected. The Supreme Court reaffirmed the settled principle that ignorance of law is no excuse, irrespective of the nationality of the offender.

Consequently, any foreign national who commits an offence within India is subject to Indian criminal law, and cannot escape liability by claiming lack of knowledge or awareness of the law of the land.

Section 1(4) of the Bharatiya Nyaya Sanhita, 2023 deals with the extra-territorial operation of the statute. It provides that where an offence is committed outside India by a person who is liable to be tried under Indian law, such person shall be dealt with under the provisions of the BNS as if the offence had been committed within the territory of India.

This provision affirms the principle of extra-territorial jurisdiction, ensuring that certain offences committed abroad do not escape the reach of Indian criminal law.

Illustration: If an Indian citizen residing in the Germany, commits an act abroad—such as fraud—which constitutes an offence under Indian law, they may be prosecuted under the BNS upon being found in or brought to India.

Section 1(5) of the Bharatiya Nyaya Sanhita, 2023 specifies the categories of persons who are liable to be tried under Indian criminal law. It clarifies that the provisions of the BNS shall apply to the following persons and situations:

1. Indian citizens who commit offences outside the territory of India;
2. Any person on board a ship or aircraft registered in India, irrespective of the location of such ship or aircraft at the time of commission of the offence;
3. Any person outside India who commits an offence targeting a computer resource located in India, including cyber-related offences.

This provision further strengthens the extra-territorial reach of Indian criminal law by clearly identifying the persons over whom jurisdiction may be exercised.

Illustration: If an Indian citizen commits the offence of murder while in Singapore, such person may be arrested and tried in India upon being found within Indian territory.

In the case of Mobarik Ali Ahmed v. State of Bombay (AIR 1957 SC 857), a Pakistani national Mobarik Ali Ahmed, dishonestly induced an Indian businessman while the accused was physically present in Karachi. Although the fraudulent acts were carried out outside the territorial limits of India, the deception resulted in consequential harm within India.

The Supreme Court held that Indian courts possess jurisdiction where the effects or consequences of a criminal act occur within India, even if the act itself was committed outside the country. The Court emphasized that territorial jurisdiction is not confined to the place of commission alone but extends to places where the offence produces its impact.

This decision underscores the principle that offences committed abroad may still fall within the ambit of Indian criminal law when their effects are felt in India, thereby reinforcing the extra-territorial application of criminal statutes. The ruling aligns with the jurisdictional framework embodied in Section 1 of the Bharatiya Nyaya Sanhita, 2023.

Section 1(6) of the Bharatiya Nyaya Sanhita, 2023 contains a saving clause, clarifying the areas to which the Sanhita does not apply. It expressly provides that the BNS shall not affect:

• Military laws governing offences such as mutiny and desertion committed by officers, soldiers, sailors, or airmen of the Indian Armed Forces;
• Special or local laws enacted for specific regions, classes, or communities, which operate independently of the Sanhita.

This provision preserves the continued operation of specialized legal regimes and prevents any conflict between the BNS and other existing statutes.

Illustration: A member of the Armed Forces accused of desertion will be proceeded against under the Army Act, 1950, and not under the Bharatiya Nyaya Sanhita.

By Chandrasen Yadav.B.Sc., L.L.B & L.L.M