(1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall not apply— (a) to the State of Nagaland; (b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
Bharatiya Nagarik Suraksha Sanhita
Section 1
Short title, extent and commencement
⚡ Quick Answer Reference: Section 1 BNSS
- Provision: Section 1 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PRELIMINARY
- Jurisdiction: India
- Summary: This section explains the name, applicability, and start date of the Bharatiya Nagarik Suraksha Sanhita, 2023, with specific exceptions for Nagaland and tribal areas.
What does Section 1 of BNSS say?
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What does Section 1 of BNSS mean?
Plain English Explanation
This section explains the name, applicability, and start date of the Bharatiya Nagarik Suraksha Sanhita, 2023, with specific exceptions for Nagaland and tribal areas.
Practical Interpretation
In practice, this section determines which parts of India are subject to the Act's provisions, allowing state governments to apply certain provisions to exempted areas through notification.
Core Legal Purpose
The core purpose is to define the scope and commencement of the Act, ensuring it applies appropriately across different regions in India, considering the special status of certain areas.
- •The Act's short title is the Bharatiya Nagarik Suraksha Sanhita, 2023.
- •The provisions do not apply to Nagaland and tribal areas unless specified by the state government.
- •The key legal test is the notification by the Central Government for the Act's commencement.
- •The key exception is for the State of Nagaland and tribal areas, with potential for partial application through state government notification.
Practical Example of Section 1 BNSS
For instance, if Rajesh, a resident of Nagaland, is involved in a matter covered by Chapter X of the Act, the provisions would apply to him because Chapter X is not among the exempted chapters. However, if the matter fell under Chapter IX, XI, or XII, the provisions would not apply unless the Nagaland State Government had issued a notification to include such provisions.
Frequently Asked Questions about Section 1 BNSS
Q: What is the punishment or consequence under Section 1 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The applicability is territorial, concerning the areas where the Act's provisions apply, rather than distinguishing between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, thus it does not classify any acts as bailable or cognizable.
Common Questions about Section 1 BNSS
What is Section 1 of BNSS?
Section 1 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Short title, extent and commencement". In plain terms: This section explains the name, applicability, and start date of the Bharatiya Nagarik Suraksha Sanhita, 2023, with specific exceptions for Nagaland and tribal areas.
What is the punishment under Section 1 of BNSS?
Section 1 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 1 of BNSS bailable or non-bailable?
Whether Section 1 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 1 of BNSS?
The essential elements of Section 1 of BNSS are: The Act's short title is the Bharatiya Nagarik Suraksha Sanhita, 2023.; The provisions do not apply to Nagaland and tribal areas unless specified by the state government.; The key legal test is the notification by the Central Government for the Act's commencement..
Landmark Judgments under Section 1 BNSS
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