The text appears to mirror the structure and language of the Indian Penal Code’s initial sections. Sections 1 to 5 of the Indian Penal Code address the preliminary aspects of the code, such as its title, extent, commencement, and territorial jurisdiction. The text of Section 1 follows a similar format, indicating the title of the Act, its commencement, and applicability.
The language is formal and legalistic, resembling the terminology and syntax often used in legislative documents. It defines the scope of the Sanhita, the circumstances under which it applies beyond the territorial borders of India, and how it relates to other existing laws.
In comparing this with Sections 1 to 5 of the Indian Penal Code:
- Title and Commencement: Both the text in Sanhita and the IPC’s Sections 1 and 2 mention the title of the code/act and when it comes into effect.
- Territorial Jurisdiction: The text in the Sanhita, much like Sections 3 and 4 of the IPC, outlines the territorial jurisdiction of the Sanhita, including the circumstances under which it applies to acts committed beyond India’s borders.
- Applicability to Offences Beyond India: This is addressed through its subsections (4) and (5), which define the applicability of the Sanhita to acts committed outside India by Indian citizens or involving Indian entities. Similarly, Section 4 of the IPC provides for the extraterritorial application of the code.
- Explanation and Illustration: The text in the Sanhita includes an explanation to clarify the scope of “offence” and an illustration to exemplify the concept. While the IPC doesn’t follow the exact same structure, it does provide explanations and illustrations to assist in understanding its provisions.
- Non-Affecting of Special Laws: Both the text in Sanhita and the IPC’s Section 5 ensure that the new code/Act doesn’t undermine the application of other specific or local laws.
In summary, the text in the Sanhita shares similarities in structure and language with the initial sections of the Indian Penal Code. It defines the commencement, territorial scope, and applicability of the new Sanhita while mirroring the legalistic and formal tone expected in legislative documents.
| Provisions in the Provided Text (Bharatiya Nyaya Sanhita, 2023) | Corresponding Sections in Indian Penal Code (IPC) |
| (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. | Section 1: Title and extent of operation of the Code |
| (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita. | Section 2: Commencement of the Code |
| (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. | – |
| (4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. | Section 4: Extension of Code to extra-territorial offences |
| (5) The provisions of this Sanhita apply also to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation.—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita. Illustration. A, who is a citizen of India, commits a murder in any place without and beyond India, he can be tried and convicted of murder in any place in India in which he may be found. | Section 4: Extension of Code to extra-territorial offences (Similar concept) |
| (6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. | Section 5: Certain laws not to be affected by this Code |
It has to be noted that there’s no direct corresponding section in the Indian Penal Code for the provision mentioned in (3) of the provided text, as the IPC doesn’t explicitly address the liability for acts solely within India. The closest concept is covered under various specific sections within the IPC that define specific offences and their corresponding punishments.
| Sections of Indian Penal Code (IPC) | Inclusion/Modification in Bharatiya Nyaya Sanhita, 2023 |
| Section 1: Title and extent of operation of the Code | Included
1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. |
| Section 2: Commencement of the Code | Included
2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of the Sanhita. |
| Section 3: Punishment of offences | Not included.
The concept is modified and incorporated implicitly through provisions defining liability and punishment. |
| Section 4: Extension of Code to extra-territorial offences | Included, similar concept in the provided in
(4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. |
| Section 5: Certain laws not to be affected by this Code | Included.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. Note: The Sanhita aligns with the IPC in ensuring that its provisions do not override certain existing laws. |
The text of the Sanhita seems to follow a similar structure as the IPC but with slight modifications and rephrasing.