Bharatiya Nagarik Suraksha Sanhita, 2023
Section 4
Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
Why this exists
India has one main criminal procedure code, but hundreds of other laws (like the NDPS Act, POCSO Act, or tax laws) also create offences. This section makes sure there's a single default procedural framework — so investigators, magistrates, and courts don't have to guess which rules to follow — while still respecting special procedures that specific laws may need for their own type of offence.
How courts read it
Courts have historically read this kind of provision (earlier found as Section 4 of the CrPC, 1973) to mean that the general procedural code fills in gaps for special laws, but doesn't override specific procedural directions in those special laws. For example, if a special law fixes a particular court or investigating agency, that overrides the general procedure, but everything not specifically addressed still follows the main Sanhita.
Common misconceptions
- Myth: This section means only crimes under the Bharatiya Nyaya Sanhita are covered by BNSS procedure.
Fact: It actually extends BNSS's procedure to almost all criminal offences under any law, not just the Sanhita itself. - Myth: Special laws can never override BNSS procedure.
Fact: They can — if a special law specifically provides a different procedure for investigation or trial, that special provision applies instead of the general BNSS rule.