Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Concept Application 1.2 (2 Marks) (Section 1 BNS)
These are the FAQs asked on territorial jurisdiction of the Bharatiya Nyaya Sanhita, 2023. These are 2 Marks questions and answer is generally, expected in one or two sentences.
Answer the following questions in one or two sentences. (2 Marks)
Q1. What is objective of the Bharatiya Nagarik Suraksha Sanhita, 2023?
The preamble of the Sanhita says that it is an Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.
Q2. What is meant by the jurisdiction of an Act?
Jurisdiction of an Act means the legal scope or area within which a law (Act) is applicable and enforceable. There are three kinds of jurisdiction:
- Territorial jurisdiction – The geographical area where the Act operates (e.g., whole country, a state, or a specific region). For example, the Tranfer of Property Act, 1882 applies to territory of India. Metropolitan Region Development Authority Act, Maharashtra 2016 applies to the territory of the State of
- Personal jurisdiction – The persons or entities to whom the Act applies (citizens, companies, government bodies, etc.). For example, the Army Act, 1950 applies only to members of the Indian Army. The Companies Act, 2013 applies to companies registered in India, including private and public companies.
- Subject-matter jurisdiction – The types of issues or matters the Act covers. Contract Act, 1872, has subject jurisdiction of formation, validity, and enforcement of contracts. The Hindu Marriage Act, 1955 deals with marriage, divorce, maintenance, and related matters among Hindus.
Q3. What are the essentials for application of the Bharatiya Nyaya Sanhita, 2023?
The essentials for application of the Bharatiya Nyaya Sanhita, 2023 are as follows:
- An offence must be committed by any person.
- The person should have committed some act or omission as per the provisions of the Sanhita.
- The person will be guilty of the offences committed within India.
- The person will be liable only under this Sanhita and not otherwise.
- The person should not be from persons in exempted list
Q4. What is the meaning of territorial jurisdiction of the Bharatiya Nyaya Sanhita, 2023?
Under Section 1(3) of the BNS, territorial or intra-territorial jurisdictions deal with crimes and offences committed by anyone within the territory of India. The phrase “within India” used gives intra-territorial jurisdiction of the Sanhita which includes land, rivers, a territorial area in the high sea within 12 miles from the coast of India.
Q5. What is the extent of the territorial waters of India?
According to Gazette of India, Extraordinary, Part III, Sec 2 dated 30-9-1967, “the territorial waters of India extends to the territorial sea waters up to a distance of twelve nautical miles from the shores, and were covered within the territory of India”.
Q6. List the persons exempted from the purview of the Bharatiya Nyaya Sanhita, 2023 OR is there any exemption from the jurisdiction of the Bharatiya Nyaya Sanhita, 2023?
Under the BNS, persons like the President, Governors of States, foreign sovereigns, foreign ambassadors, diplomatic representatives, alien enemies, foreign army, and warships are exempted from the purview of the Sanhita. Similarly, under Section 1(6) of the Sanhita, “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.”
Q7. Which Secctions of the Bharatiya Nyaya Sanhita, 2023 deals with Extra-Territorial Jurisdiction of Sanhita?
Sections 1(4) and 1(5) of the Bharatiya Nyaya Sanhita deals with the extra-territorial jurisdiction of the Sanhita.
Q8. What are the essentials of Section 1(4) of the Bharatiya Nyaya Sanhita, 2023?
According to Section 1(4) of the Bharatiya Nyaya Sanhita, 2023, 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.
The essentials of Section 1(4) of the BNS are as follows:
- An offence must be committed by any person. The definition of the word “person” (Section 2(26) BNS) includes a Company or Association or body of persons, whether incorporated or not is an artificial entity created for the purpose of business. Similarly, it includes Indian nationals and foreign nationals.
- A person must be liable under Indian law.
- The offence must be committed beyond the territory of India, either geographical or marine.
- Such persons shall be bound by Indian law for any offence committed outside India, as though the offence was committed within India.
Q9. Can the Indian Courts conduct the trials for the punishment of offences committed beyond the Indian territories?
Yes, Under Sections 1(4) and 1(5) of the Bharatiya Nyaya Sanhita, 2023, theIndian Courts conduct the trials for the punishment of offences committed beyond the Indian territories.
Q10. How is the jurisdiction of BNS extended to extra-territorial offences?
According to Section 1(5) of the Bharatiya Nyaya Sanhita, 2023, the provisions of this Sanhita apply also to any offence committed by
- any citizen of India in any place without and beyond India;
- any person on any ship or aircraft registered in India wherever it may be
- any person in any place without and beyond India committing offence targeting a computer resource located in India
Q11. What is meant by “Extradition”?
Extradition is the legal process by which a person is transferred from one country to another without the person’s consent n pursuance of a treaty or an ad hoc arrangement between the two countries.
Q12. What are the sections in the Bharatiya Nagarik Suraksha Sanhita, 2023, about the extra-territorial jurisdiction?
Sections 209 and 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, lay down the provisions for extradition and the extra-territorial jurisdiction
Q13. What is Admiralty Jurisdiction”?
Admiralty Jurisdiction is the jurisdiction that confers the power on Courts to try offences which are committed on high seas. This type of jurisdiction was introduced by various statutes such as the Admiralty Offences Act, 1849, Colonial Courts of Admiralty Act 1890 with the Indian Colonial Courts of Admiralty Act 1891, and the Merchant Shipping Act, 1894.
For More Articles on the Bharatiya Nyaya Sanhita, 2023 Click Here