Section 1 of BNSS : Short title, extent and commencement .

Introduction of Section 1 of BNSS

Section 1 of BNSS of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is the opening part of this new criminal law. It tells us the official name of the law, where it will be applied, and when it will begin. This law has replaced the old Criminal Procedure Code (CrPC), 1973, and became active from July 1, 2024. It is part of India’s major criminal justice reform to modernize outdated British-era laws.

What is BNSS Section 1 ?

BNSS Section 1 introduces the Bharatiya Nagarik Suraksha Sanhita, 2023, as the new law replacing the Criminal Procedure Code (CrPC), 1973. It applies to the entire country, except Nagaland and certain tribal areas unless their State Government decides to adopt it. This section also gives the Central Government the authority to announce when the law will begin. The law officially came into effect on July 1, 2024, as published in the Official Gazette.

Section 1 of BNSS Overview

BNSS Section 1 defines the short title, extent, and commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023. It states that this law applies to the whole of India, except Nagaland and certain tribal areas unless the concerned state government decides to implement it. It also gives the Central Government the power to notify the date from which the law will come into force, which is July 1, 2024.

10 Key Points of BNSS Section 1

1. New Law Replacing CrPC, 1973

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is India’s new law that replaces the old Code of Criminal Procedure (CrPC), 1973. This change came into effect from July 1, 2024. The BNSS was created to simplify and modernize criminal procedures like FIR filing, arrests, bail, trials, and investigations. It removes outdated colonial practices and gives priority to citizen safety and speedy justice. With this update, the BNSS became the official criminal procedure law across India, and CrPC is no longer applicable.

2. Applies to Entire India

BNSS now applies to every part of India, including all states and union territories. This includes special regions like Jammu & Kashmir, which earlier had special laws. Now, whether a person is in Tamil Nadu or Himachal Pradesh, the rules for police, courts, and criminal procedures will be the same. This brings uniformity in legal processes and helps people know their rights and duties more clearly. It also makes law enforcement easier across state borders.

3. Not Automatically Applied to Nagaland and Tribal Areas

Even though BNSS applies to all of India, it does not automatically apply to Nagaland and certain tribal areas. These areas have their own customary laws and systems, which are protected under the Constitution of India. So, BNSS respects their traditions and does not forcefully apply criminal procedures there. However, this does not mean they are totally excluded—there is a way for these areas to adopt BNSS if needed, but only if the state government chooses to do so.

4. State Government Can Apply BNSS to Excluded Areas

The government of Nagaland or any state with tribal areas can decide to apply BNSS in those regions by issuing a notification. This decision can include modifications to suit local customs. For example, they may choose to apply only some parts of BNSS or add changes to fit tribal traditions. This flexibility respects local control while still offering the benefits of a modern criminal law system. It allows for gradual and thoughtful legal reforms in sensitive regions.

5. Tribal Areas Clearly Defined in the Law

BNSS clearly explains which areas are called “tribal areas”. These are the areas that were part of Assam’s tribal regions before January 21, 1972, as mentioned in the Sixth Schedule of the Indian Constitution. However, it excludes Shillong Municipality, which will follow BNSS. By defining tribal areas properly, the law avoids confusion and helps in knowing where BNSS applies and where it doesn’t. It also ensures that tribal identity is protected while giving an option to adopt national law.

6. Central Government Decided the Start Date

BNSS did not start on its own. The Central Government officially announced that BNSS would come into force on July 1, 2024. This gave enough time for everyone—police, courts, lawyers, and citizens—to understand the new rules. Training sessions, workshops, and awareness programs were organized in the months before this date. This method of selecting a specific date ensures a smooth transition from CrPC to BNSS without confusion or disruption in ongoing legal matters.

7. Official Gazette Published the Start Date

The start date of BNSS was officially published in the Government Gazette, which is the formal record of all important government announcements. Publishing in the Gazette ensures that the start date is legally valid and publicly known. This is important because laws must be officially notified before they can be enforced. By printing it in the Gazette, everyone—citizens, lawyers, police—got a confirmed and trusted source of information about when BNSS would start working.

8. Part of Big Criminal Law Reform of 2023

BNSS is not just a new law—it is part of a major reform in India’s criminal justice system. Along with BNSS, two other laws were introduced: Bharatiya Nyaya Sanhita (BNS) which deals with crimes, and Bharatiya Sakshya Adhiniyam (BSA) which handles evidence. All three laws were passed in 2023 to replace old British-era laws. These changes aim to make the system faster, fairer, digital-friendly, and victim-centric. BNSS mainly deals with how criminal cases are handled step by step.

9. Legal Clarity and Simplicity

Section 1 of BNSS provides clear and simple information about the law. It tells us the name of the Act, where it applies, when it starts, and where it does not apply. This gives full legal clarity and avoids doubts. From July 1, 2024, CrPC has no legal force—BNSS must be followed. All police stations, courtrooms, and legal institutions must now refer to BNSS for procedures. This clarity helps law students, police officers, and citizens understand and follow the law better.

10. Foundation Section of BNSS

Section 1 is the foundation or base of the entire BNSS law. Just like a book starts with a title page and introduction, this law starts with Section 1 to explain the basics. It sets the legal boundary and purpose of the law. The remaining chapters and sections of BNSS will only make sense if this first part is understood. It acts like the starting point of a journey, guiding readers and legal experts on what the law is, where it applies, and how it begins.

Examples of BNSS Section 1:

Example 1:
After July 1, 2024, if a police officer in Delhi wants to make an arrest or file a charge sheet, they will follow the rules written in BNSS instead of the old CrPC.

Example 2:
In Nagaland, BNSS will not automatically apply unless the Nagaland government issues a notification to adopt it. This protects tribal customs unless they choose to follow the new law.

Section 3 of BNSS Short Information

BNSS Section 1 FAQs

BNSS Section 1

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Finished with BNSS Section 1 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 2 of BNSS : Definitions ,Meaning, Scope and Importance .
• Section 3 of BNSS : Construction of references .
• Section 4 of BNSS : Trials of offences under the indian Penel Code and other laws .
• Section 5 of BNSS : Saving .

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Full BNS Section List : https://marriagesolution.in/bnss_section-list/

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