Bharatiya Nagarik Suraksha Sanhita, 2023: Difference between revisions
(Created page with "CHAPTER I PRELIMINARY CLAUSES 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under Bhartiya Nyaya Sanhita and other laws. 5. Saving. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Court of Session. 9. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 11. Special Judicial Magistrates. 1...") |
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==Section 1== | |||
1. (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 | |||
2. | 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. | |||
Short title, | |||
extent and | |||
commencement. | |||
AS INTRODUCED IN LOK SABHA | |||
Bill No. 122 of 2023 | |||
5 | |||
10 | |||
2 | |||
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 date as the Central Government may, by notification | |||
in the Official Gazette, appoint. | |||
==Section 2== | |||
2. (1) In this Sanhita, unless the context otherwise requires,— | |||
(a) "audio-video electronic" means shall include use of any communication | |||
device for the purposes of video conferencing, recording of processes of identification, | |||
search and seizure or evidence, transmission of electronic communication and for | |||
such other purposes and by such other means as the State Government may, by rules | |||
provide;"; | |||
(b) "bailable offence" means an offence which is shown as bailable in the First | |||
Schedule, or which is made bailable by any other law for the time being in force; and | |||
"non-bailable offence" means any other offence; | |||
(c) "charge" includes any head of charge when the charge contains more heads | |||
than one; | |||
(d) "cognizable offence" means an offence for which, and "cognizable case" | |||
means a case in which, a police officer may, in accordance with the First Schedule or | |||
under any other law for the time being in force, arrest without warrant; | |||
(e) "complaint" means any allegation made orally or in writing to a Magistrate, | |||
with a view to his taking action under this Sanhita, that some person, whether known | |||
or unknown, has committed an offence, but does not include a police report. | |||
Explanation.—A report made by a police officer in a case which discloses, | |||
after investigation, the commission of a non-cognizable offence shall be deemed to be | |||
a complaint; and the police officer by whom such report is made shall be deemed to be | |||
the complainant; | |||
(f) "electronic communication" means the communication of any written, verbal, | |||
pictorial information or video content transmitted (whether from one person to another, | |||
from one device to another or from a person to a device or from a device to a person) | |||
by means of an electronic device including but not limited to—a telephone, a mobile | |||
or cellular phone, or other wireless telecommunication device, or a computer, or | |||
audio-video players and cameras or any other electronic device or electronic form as | |||
may be specified by notification, by the Central Government. | |||
[[Category:Bare Acts]] | |||
Latest revision as of 15:45, 3 July 2024
Section 1
1. (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. Short title, extent and commencement. AS INTRODUCED IN LOK SABHA Bill No. 122 of 2023 5 10 2 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 date as the Central Government may, by notification in the Official Gazette, appoint.
Section 2
2. (1) In this Sanhita, unless the context otherwise requires,— (a) "audio-video electronic" means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;"; (b) "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; (c) "charge" includes any head of charge when the charge contains more heads than one; (d) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (e) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (f) "electronic communication" means the communication of any written, verbal, pictorial information or video content transmitted (whether from one person to another, from one device to another or from a person to a device or from a device to a person) by means of an electronic device including but not limited to—a telephone, a mobile or cellular phone, or other wireless telecommunication device, or a computer, or audio-video players and cameras or any other electronic device or electronic form as may be specified by notification, by the Central Government.