Section 1 of the Bharatiya Nyaya Sanhita, 2023: Territorial Extent, Applicability and Operations

Section 1 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the short title, commencement, application, and territorial extent of the Act. It clarifies how, where, and to whom the provisions of the Act apply, including its applicability beyond the territorial boundaries of India. This section is fundamental for understanding the jurisdictional reach of Indian criminal law.

Key Provisions of Section 1 (Territorial Extent and Applicability):

1. Short Title: The official name of the Act is the Bharatiya Nyaya Sanhita, 2023. This ensures that the Act is cited and referred to by this title across legal and administrative forums.
    
2. Commencement: The Act will come into effect on a date appointed by the Central Government through a notification in the Official Gazette. Different provisions of the Act can be implemented on different dates, depending on administrative needs and readiness.
    
3. Application to Acts or Omissions within India: Every person within India is subject to this law for any act or omission that violates the provisions of the BNS. This ensures territorial jurisdiction, meaning that any crime committed within the geographical limits of India will be governed by the BNS. Example: If a person steals property in Mumbai, they will be prosecuted under the relevant sections of the BNS, which deals with theft.
    
4. Application to Acts Committed Outside India: If an individual commits an offense abroad and is liable to be tried in India, they will be punished under the BNS as if the crime were committed within India. This principle ensures extraterritorial jurisdiction. Example: If an Indian citizen residing in the USA commits an offense that would be a crime under Indian law (e.g., fraud), they can be tried under the BNS if they are found or brought to India.
    
5. Application to Specific Offenses: Section 1 expands the applicability of the Sanhita to:
   • Indian citizens committing offenses abroad.
   • Any person on an Indian-registered ship or aircraft, regardless of where the ship or aircraft is located.
   • Anyone outside India who commits an offense targeting a computer resource located in India (e.g., cyberattacks).
   Illustration: If an Indian citizen commits murder while in Singapore, they can be arrested and tried in India if found within Indian territory.
    
6. Exclusions: The Sanhita does not affect:
   • Military laws that punish mutiny and desertion by officers, soldiers, sailors, or airmen in the Indian Armed Forces.
   • Special or local laws that may apply to particular regions or communities within India.
   Example: Military personnel involved in desertion will be tried under the Army Act, 1950, and not under the BNS.

Explanation of Extraterritorial Jurisdiction:

Extraterritorial jurisdiction means that Indian law can apply to crimes committed outside India in certain circumstances. This principle allows India to prosecute offenders even if the offense took place beyond its borders, provided the offender is brought to India.

Landmark Supreme Court Judgment on Extraterritorial Jurisdiction:

Mobarik Ali Ahmed v. State of Bombay (1957 AIR 857): Facts: Mobarik Ali Ahmed, a Pakistani citizen, cheated an Indian businessman while he was in Karachi. Though the crime was committed outside India, the fraudulent act caused harm to the businessman in India. Judgment: The Supreme Court held that if the effect of a criminal act takes place within India, Indian courts have the jurisdiction to try the offender, even if the act was committed abroad. This case highlights how acts committed outside India can still come under the purview of Indian law, aligning with the provisions of Section 1 of the Bharatiya Nyaya Sanhita.

Cybercrime and Section 1:

With the rise of cybercrime, the Sanhita ensures that any offense targeting Indian computer systems from abroad can be prosecuted under Indian law. This reflects India's commitment to combating cybercrime, regardless of where the offender is located. Section 1 of the Bharatiya Nyaya Sanhita, 2023 establishes the scope and application of the Act. It clarifies that:

• Indian law applies within India and, in certain cases, beyond India's borders.
• Crimes committed by Indian citizens abroad or on Indian-registered ships and aircraft fall under the jurisdiction of the BNS.
• The Act does not interfere with military laws or special/local laws.

This section provides clarity on territorial jurisdiction and ensures that offenders cannot escape liability by committing crimes outside India. It also strengthens India's legal framework in dealing with cybercrimes and offenses involving cross-border activities.