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Section 1 of The Bharatiya Nagarik Suraksha Sanhita, 2023

(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---
1. (a)to the State of Nagaland;
2. (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.

Summary

This provision establishes the official name of the new criminal procedure law and outlines where and when it starts to apply.
The law is officially titled The Bharatiya Nagarik Suraksha Sanhita, 2023.
It applies to the whole of India, but specific parts are limited in certain regions.
Most of the law does not automatically apply to the State of Nagaland or designated tribal areas, except for chapters regarding public order and police prevention.
State governments have the power to extend the rest of the law to Nagaland or tribal areas through official notifications.

Practical examples

1Arjun is a resident of Nagaland. While the general rules of this Sanhita do not apply to his state yet, the rules about police taking preventive action to stop a crime still apply to his local neighborhood because Chapter XII is specifically exempted from the restriction.

2Priya lives in a tribal area that was part of Assam before January 1972. The State Government decides to modernize the local legal system, so they issue an official notification in the Gazette to apply the new 2023 Sanhita to her specific district starting from December 2025.

FAQ

1. Does The Bharatiya Nagarik Suraksha Sanhita, 2023 apply to the entire country of India?

Yes, it is a national law, but Section 1 of the Sanhita clarifies that most provisions do not apply to Nagaland or tribal areas unless the local State Government specifically chooses to apply them.

2. What counts as a tribal area under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Under Section 1, tribal areas refer to territories that were included in the tribal areas of Assam before January 21, 1972, but this excludes the municipal limits of Shillong.

Test yourself

Q1.Under Section 1 of The Bharatiya Nagarik Suraksha Sanhita, 2023, which chapters apply to the State of Nagaland even without a special notification?

Q2.Who has the authority to decide the specific date when The Bharatiya Nagarik Suraksha Sanhita, 2023 comes into force?

Q3.According to Section 1 of The Bharatiya Nagarik Suraksha Sanhita, 2023, how can the law be applied to tribal areas in Assam?

Q4.What is the significance of the date January 21, 1972, in Section 1 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

2NextSection 2 Definitions.

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