The Prelude to Justice

The Bharatiya Nyaya Sanhita, 2023 (BNS), marks a major reform in India’s criminal justice system, replacing the Indian Penal Code of 1860. Chapter 1, titled “Preliminary,” lays the basic groundwork for the entire statute. It outlines the extent of the law, its application, and defines key legal terms used throughout the BNS. This chapter plays a crucial role in understanding the scope and framework of the new law and serves as an entry point into the restructured legal system.

What is the title of the BNS and when does it come into effect?

The BNS is called the Bharatiya Nyaya Sanhita, 2023. It comes into force on a date appointed by the Central Government through notification in the Official Gazette. Different provisions may come into force on different dates. The date of enforcement is July 1, 2024, except for the provision of sub-section (2) of Section 106, as per Notification No. S.O. 850(E), dated 23-2-2024.

Who is liable to punishment under the BNS?

Every person is liable to punishment under the BNS and not otherwise, for every act or omission contrary to its provisions, if committed within India.

How does the BNS apply to offences committed outside India?

Any person liable by any law in force in India to be tried for an offence committed beyond India shall be dealt with under BNS as if the offence were committed in India.

To whom else does BNS apply in relation to offences committed outside India?

The BNS applies to offences committed by:

• any Indian citizen anywhere outside India;
• any person on a ship or aircraft registered in India, wherever it may be;
• any person in a place beyond India who commits an offence targeting a computer resource located in India.

Illustration: A, an Indian citizen, commits murder abroad. He can be tried and convicted in any place in India where he is found.

Does the BNS affect any existing laws regarding mutiny or desertion?

No, it does not affect any laws punishing mutiny or desertion of officers, soldiers, sailors or airmen in service of the Government of India, or any special or local law.

What does the term “act” include under BNS?

“Act” denotes both a series of acts and a single act.

What is meant by “animal” under BNS?

“Animal” means any living creature other than a human being.

Who is considered a “child”?

A “child” means any person below the age of eighteen years.

What does it mean to “counterfeit”?

A person “counterfeits” when they cause one thing to resemble another with the intent to deceive, or knowing it is likely to cause deception.

What is a “Court” under BNS?

A “Court” means a Judge or a body of Judges empowered by law to act judicially, when acting judicially.

What does death include?

Death means the death of a human being, unless the context indicates otherwise.

What is meant by “dishonestly”?

“Dishonestly” means doing something with intent to cause wrongful gain to one person or wrongful loss to another.

What does a document include?

A “document” includes any matter expressed on any substance by letters, figures, marks, or combinations thereof, including electronic and digital records, intended to be used as evidence.

• A contract written on paper is a document.
• A cheque is a document.
• A power-of-attorney is a document.
• A map used as evidence is a document.
• Written instructions are a document.

Illustration: A signs the back of a bill of exchange. As per mercantile usage, this implies “pay to the holder.” The endorsement is a document.

Documents obtained improperly or illegally may still be admissible (Magraj Patodia v. R.K. Birla, 1970).

What does “fraudulently” mean?

It means doing something with the intent to defraud, and not otherwise.

Intent to defraud requires an act causing a disadvantage that, but for the deception, the person would have avoided (S. Dutt v. State of U.P., 1965).

What does the pronoun “he” include in terms of gender?

It includes any person, whether male, female, or transgender.

What is act not done in good faith?

An act is not done in good faith if it is done without due care and attention.

What does Government mean?

It refers to the Central Government or a State Government.

What does harbour mean?

It includes supplying a person with shelter, food, drink, money, arms, transport, or assistance to evade apprehension.

What is injury?

Injury means any harm illegally caused to a person’s body, mind, reputation, or property.

What is meant by “illegal” and “legally bound to do”?

“Illegal” refers to anything prohibited by law or which forms a ground for a civil action. A person is “legally bound to do” something if it is illegal for them to omit it.

• Pointing a gun without excuse is illegal (Kwaku Mensah v. King, 1945).
• Omission of a legally required act can also be illegal (Common Cause v. Union of India, 2018).

What does “life” mean under BNS?

“Life” denotes the life of a human being unless the context specifies otherwise.

What is a “local law”?

A “local law” is a law applicable only to a particular part of India.

Who is a “man”?

A “man” is a male human being of any age.

What is “month”?

“Month” means a calendar month.

What is “movable property”?

“Movable property” includes corporeal property of every description, except land and things attached to the earth or permanently fastened to it.

What does “offence” mean?

“Offence” means any act or omission made punishable by BNS or any other law in force. It includes acts done outside India that would be an offence under BNS if committed in India.

Who is a “person”?

“Person” includes any company, association, or body of persons, whether incorporated or not.

What does “public” include?

“Public” includes any class of the public or community.

What is “public servant”?

A “public servant” is a person falling under any of the following categories:

• Commissioned officers in the military, navy, or air force;
• Judges;
• Officers of a Court of Justice (e.g., clerks, bailiffs);
• Jurymen, assessors, or any person assisting a Court;
• Arbitrators or persons empowered to settle disputes;
• Officers managing or serving in government departments (police, revenue, postal);
• Officers managing government property or service contracts;
• Local authority officers;
• Persons authorized by a Court or public servant;
• Officers of registered cooperative societies funded or controlled by the government;
• Government-funded or aided university or public service institution officers;
• Employees of corporations established by government acts or government companies;
• Any person declared as a public servant by law.

What does “special law” mean?

“Special law” refers to a law that is applicable to a particular subject.

What is “valuable security”?

“Valuable security” means a document which creates, extends, transfers, restricts, extinguishes, or acknowledges a legal right or liability.

What is a “will”?

“Will” refers to any testamentary document, including a codicil and any privileged or unprivileged will.

What does “woman” mean?

“Woman” means a female human being of any age.

What does “wrongful gain” and “wrongful loss” mean?

Wrongful gain is gaining property wrongfully, either by unlawful means or by retaining something one is not legally entitled to. Wrongful loss is the loss of property wrongfully, either through unlawful deprivation or by being kept out of something legally entitled. Wrongful gain includes wrongful retention; wrongful loss includes being wrongfully deprived or kept out of property (Krishan Kumar v. Union of India, 1959).

What is meant by gaining wrongfully and losing wrongfully?

A person gains wrongfully if they either wrongfully obtain or wrongfully keep something. A person loses wrongfully if they are either wrongfully deprived of property or wrongfully prevented from accessing it.

Therefore, Chapter 1 of the Bharatiya Nyaya Sanhita, 2023, titled “Preliminary,” provides the essential structure for the proper interpretation and application of the statute. By setting out its territorial scope, applicability, and definitions, it establishes clarity and consistency in the legal process. As the new law aims to modernize and Indianize the criminal justice system, the preliminary chapter serves as a strong foundation for the changes that follow.

 Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He tweets @muneebmalikrash.