BareLaws

Bharatiya Nagarik Suraksha Sanhita, 2023

Act No. 46
2023-12-25

1. Short title, extent and commen cement.

(1)This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
(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 s pecified 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.

2. Definitions.

(1)In this Sanhita, unless the context otherwise requires, -
(a)“audio -video electronic ” means shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;
(b)“bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;
(c)“bailable offence ” means an offence whic h is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence ” means any other offence;
(d)“bail bond ” means an undertaking for release with surety;
(e)“bond ” means a perso nal bond or an undertaking for release without surety;
(f)“charge ” includes any head of charge when the charge contains more heads than one;
(g)“cognizable offence ” means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
(h)“complaint ” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, tha t some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation .-A report made by a police officer in a case which discloses, after investigation, the commission of a non -cognizable offence shall be deem ed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
🟡 Yellow = Single meaning
🔵 Blue = Multiple meanings
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