Code:
4. (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.
Explanation:
This section of the BNSS outlines the procedural framework for investigating, inquiring into, trying, and dealing with offences. It essentially establishes that the provisions of the BNSS apply universally to all criminal offences.
- Subsection (1) states that all offences under the Bharatiya Nyaya Sanhita (BNS), 2023 (the new criminal code) will be dealt with according to the procedures outlined in the BNSS itself. This means that the investigation, inquiry, trial, and other related processes will follow the guidelines and regulations specified within the BNSS.
- Subsection (2) extends the applicability of the BNSS to offences under other laws. However, it clarifies that if a specific law already has provisions regarding investigation, inquiry, trial, or other procedures for offences under that law, those provisions will prevail over the general provisions of the BNSS. This essentially allows for specialized procedures for certain types of offences if deemed necessary.
Illustration:
Let’s imagine a case of theft. The act of theft would be an offence under the BNSS, and the investigation, inquiry, trial, etc. would follow the procedures laid out in the BNSS. However, the theft could involve a specific type of property, like a firearm. Then a separate law (like the Arms Act) might have specific regulations for investigating such a case. In this scenario, the provisions of the Arms Act would prevail for investigating that particular aspect of the theft case.
Common Questions and Answers:
Q: What does ‘otherwise dealt with’ mean in this context?
A: This refers to all other actions taken by law enforcement and the court related to a crime. It includes arrest, detention, bail, sentencing, and other legal processes.
Q: If a law has specific provisions for investigation, does it override the entire BNSS?
A: No, it only overrides the provisions related to investigation, inquiry, trial, or other dealing with the offence under that specific law. The rest of the BNSS still applies.
Q: Does this mean that all laws are automatically incorporated into the BNSS?
A: No. The BNSS serves as a general framework, and other laws may have specific provisions for certain offences. This section ensures that the BNSS provides a consistent procedural base unless specifically superseded by other legislation.
