SECTION 1 OF BHARATIYA NYAYA SANHITA, 2023 EXPLAINED BY ADVOCATE ALOK KUMAR

Section 1 of the Bharatiya Nyaya Sanhita, 2023 (in simple words)

The Bharatiya Nyaya Sanhita, 2023 (BNS) is the new criminal law of India. It will come into effect on a date announced by the Central Government in the Official Gazette, and different parts of the law may begin on different dates.

The law states that anyone who commits a crime in India can be punished under this law, and only under this law. If a person commits a crime outside India but Indian law allows them to be tried, they will be treated as if the crime was committed inside India. In simple terms, a crime committed abroad can still be punished in India if it affects India or if the offender is an Indian citizen.

The BNS also extends to certain special situations. First, if an Indian citizen commits a crime outside India, they can be punished in India. Second, if someone commits a crime on a ship or aircraft that is registered in India, they can also be tried under Indian law, no matter where the incident took place. Third, if someone outside India commits a cybercrime that targets computer systems located in India, Indian courts can still punish them.

The law also clarifies that nothing in it affects special laws related to the armed forces, such as those that deal with mutiny or desertion, or any other special or local laws already in place.

In short, an “offence” under this section includes acts done outside India which, if done inside India, would be considered crimes. For example, if an Indian citizen commits murder in another country, they can still be tried and punished in India as though the murder happened here.

To make this clearer, let’s consider a few examples. If an Indian citizen hacks into a bank’s servers in India while sitting abroad, they can be punished here because the crime affected an Indian system. If a theft happens on an Indian aircraft flying over international waters, the offender can be tried in India because the plane is Indian. If a foreign tourist commits an assault in Delhi, they are still accountable under Indian law because the act happened on Indian soil. Similarly, if hackers in another country attack servers in Mumbai, Indian law applies even though the offenders never entered India. Lastly, if an Indian citizen commits a crime like murder abroad and later returns to India, they can be prosecuted here as though the act took place within the country.

There are also real-life cases that show how this works. Nirav Modi, accused in the Punjab National Bank scam of 2018, fled abroad but can still be tried in India because he is an Indian citizen and his actions harmed India’s financial system. In 2017, a German tourist was molested in Delhi, and the offender was punished under Indian law because the act occurred in India. Another example is the 2018 Cosmos Bank cyberattack, where hackers abroad targeted the bank’s servers in Pune and stole large sums of money. Even though the criminals were outside India, they can be tried under BNS because the attack targeted Indian computer systems.

In simple words, Section 1 makes sure that Indian criminal law applies not just inside India but also outside India in special cases. It covers crimes by Indian citizens abroad, crimes on Indian ships and aircraft, and cybercrimes against Indian systems from anywhere in the world. This ensures that criminals cannot escape punishment just by being outside India.

CONCLUSION

If an Indian citizen commits a crime in the United States against people there, such as assault, theft, or fraud targeting US citizens, the offence will be governed by US law. This is because the crime happened on US soil and affected people or property within the United States. In such cases, the US courts have full authority to investigate, try, and punish the offender, regardless of the person’s nationality. Section 1 of the Bharatiya Nyaya Sanhita, 2023 does not apply in this situation. The BNS extends Indian criminal law beyond India only in specific cases, such as when an Indian citizen commits an offence abroad that is connected to India, when a crime occurs on an Indian ship or aircraft anywhere in the world, or when a cyberattack abroad targets Indian computer systems. In other words, there must be some link to India for the BNS to apply outside the country. Therefore, if an Indian citizen on a visa in the USA commits a crime that affects only the USA or its citizens, Indian law does not cover it. That person will face consequences under American law alone. The BNS would only become relevant if the crime, even though committed abroad, had a direct impact on India or was of a type that Indian law specifically brings within its jurisdiction.