Bharatiya Nagarik Suraksha Sanhita, 2023
Section 1
Short title, extent and commencement
(1) This Act may be called the Bharatiya Nagarik
(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. 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.
Why this exists
India's northeastern tribal regions, especially areas covered by the Sixth Schedule of the Constitution, have long enjoyed special autonomy in governance and law due to their distinct customary practices, social structures, and history of limited integration with mainland administrative and legal systems. This carve-out continues a pattern seen in the old Code of Criminal Procedure, 1973, which similarly exempted Nagaland and certain Assam tribal areas from full application, respecting local self-governance while still keeping serious matters (like Chapters IX, XI, XII — covering things such as security proceedings, public order, and preventive action) uniformly enforceable nationwide. The delayed commencement clause is a standard drafting practice, giving the government flexibility to prepare infrastructure, train officials, and issue rules before the law kicks in.
How courts read it
There isn't a major body of case law interpreting this specific exclusion clause in the new BNSS yet, since the Sanhita is recent. However, courts have historically upheld similar exclusions under the old CrPC (Section 1(2)) as constitutionally valid, recognizing the special status granted to tribal areas under the Sixth Schedule and the legislature's power to tailor criminal procedure to regional autonomy needs.
Common misconceptions
- Myth: The BNSS never applies in Nagaland or the tribal areas mentioned.
Fact: Chapters IX, XI, and XII always apply there, and the state government can extend other provisions too, with modifications, through a notification. - Myth: The BNSS became law and enforceable the moment it was passed by Parliament.
Fact: It only comes into force on a specific date announced later by the Central Government via the Official Gazette.