Bharatiya Nagarik Suraksha Sanhita, 2023
Section 5
Saving
Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Why this exists
India has many special and local laws made for specific situations, regions, or subjects (like laws on excise, forests, railways, or particular states) that often set out their own procedures for investigation, arrest, or trial, different from the general criminal procedure code. This saving clause, carried forward from Section 5 of the old Code of Criminal Procedure, 1973 into the new BNSS, 2023, ensures that the general procedural code does not accidentally wipe out these specialized legal frameworks. It preserves legislative intent behind special statutes while keeping the general procedure as the default rule for everything else.
How courts read it
Under the identical Section 5 of the old CrPC, courts consistently held that special or local laws prescribing their own procedure (for example under the NDPS Act, Customs Act, or various state excise laws) continue to operate on their own terms, and the general Code applies only to the extent the special law is silent or does not cover a particular procedural aspect. Courts have treated this as a rule of harmonious construction rather than one law defeating the other, and the same reasoning is expected to continue under BNSS Section 5.
Common misconceptions
- Myth: BNSS completely replaces every other criminal procedure law in India.
Fact: BNSS is the general procedural law, but Section 5 preserves special and local laws' own procedures unless BNSS specifically overrides them. - Myth: If BNSS is silent on a special law, the special law becomes invalid.
Fact: Silence in BNSS does not cancel special laws; Section 5 ensures they continue to operate as before.