Section 4 of the Bharatiya Nyaya Sanhita, 2023 – Explained in Detail

Section 4 of the BNS, 2023 talks about the extension of the code to extra-territorial offences. It defines the jurisdiction of Indian criminal law be

Section 4 of the Bharatiya Nyaya Sanhita, 2023 – Explained in Detail

The Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code (IPC), 1860, as part of a major criminal law reform by the Indian Government. The BNS aims to make criminal law more citizen-centric, efficient, and in tune with the current needs of society. Among the provisions of this new law, Section 4 plays a foundational role in defining the scope and extent of criminal jurisdiction in India.

Let’s break down Section 4 of the Bharatiya Nyaya Sanhita in detail and understand its meaning, interpretation, importance, and comparison with previous law (Section 3 and 4 of the IPC).

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🔍 What is Section 4 of the Bharatiya Nyaya Sanhita?

Section 4 of the BNS, 2023 talks about the extension of the code to extra-territorial offences.

It defines the jurisdiction of Indian criminal law beyond the borders of India. This means that even if an offence is committed outside India, it can still be tried and punished under Indian law in specific circumstances.

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🧾 Section 4 BNS (Exact Text):

"4. Extension of Code to extra-territorial offences.— The provisions of this Sanhita apply also to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting a computer resource located in India."

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🔎 Detailed Explanation of Section 4 (Clause by Clause):

Let’s understand the section clause by clause for easy comprehension:

🅐 Clause (a) – Indian Citizens Outside India

This clause states that if an Indian citizen commits a crime outside India, they can still be punished under Indian criminal law.

📌 Example:
If an Indian citizen commits theft or fraud in Dubai or Singapore, the Indian government can initiate prosecution under BNS, provided that proper procedure is followed and jurisdiction is established.

This ensures that Indian citizens cannot escape criminal liability by merely crossing borders.

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🅑 Clause (b) – Offences on Indian Registered Ships or Aircraft

This clause covers Indian ships and aircraft, regardless of their physical location. If someone commits an offence on:

• An Indian ship on the Atlantic Ocean, or

• An Indian aircraft flying over Europe,

they are still under the purview of BNS, even though they are physically outside Indian territory.

📌 Why this is important?
Ships and aircraft are considered floating territories of the country in which they are registered. This clause helps maintain law and order on Indian vehicles globally.

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🅒 Clause (c) – Cyber Offences Targeting India

This is a new-age addition, introduced to tackle cyber crimes in a globalized, internet-driven world.

It states that if someone, anywhere in the world, targets an Indian computer resource (server, website, database, etc.), they will be subject to Indian criminal law.

📌 Example:
A hacker in Russia attacks Indian government servers or a bank's online system. This clause allows India to hold that person accountable under its law.

This is crucial for cyber security and protection of national digital infrastructure.

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⚖️ Key Objectives of Section 4 of BNS

• To protect Indian citizens and interests beyond its borders.

• To provide jurisdiction in international and cross-border crimes.

• To ensure that Indian ships and aircraft maintain law and order globally.

• To tackle cybercrime that originates outside India but affects Indian systems.

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🕵️‍♀️ Real-Life Applications

1. Cyber Attacks: If someone in another country tries to steal Aadhaar data, they can be charged under Indian law due to this section.

2. Hijacking or Assault on Indian Aircraft: If such an event happens over foreign airspace, Indian law still applies.

3. Criminal Act by an Indian in Foreign Country: If an Indian man kills someone abroad and then flees to India, he can still be prosecuted here.

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🆚 Comparison with IPC Section 3 and 4

In the IPC, Section 3 and Section 4 dealt with similar principles:

• Section 3 IPC: Any person liable under any Indian law for an act committed outside India may be dealt with as if it had been committed in India.

• Section 4 IPC: Extended jurisdiction to Indian citizens abroad, crimes on Indian ships/aircraft, and specific offences committed outside India against Indian laws.

✅ The new Section 4 of the BNS consolidates and updates these provisions, removing colonial-era language and adding modern cyber provisions.

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🧠 Important Points to Remember

• BNS Section 4 applies even if the act is done outside India.

• Citizenship, ship/aircraft registration, and cyber attack location are key jurisdictional tests.

• Cyber law provision (Clause c) is a major upgrade in line with modern crimes.

• It does not depend on where the trial is held, but on whether the offence falls within the section's scope.

• This section applies not only to Indian citizens, but also to foreigners in certain conditions.

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📌 Constitutional & Legal Backing

Section 4 is in consonance with Article 245 of the Constitution, which allows the Parliament to make laws for:

• The whole of India (territorial jurisdiction)

• Extra-territorial operations, if there is a nexus or impact on India

Hence, this section is not unconstitutional and is supported by international law norms.

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🧑‍⚖️ Challenges in Enforcement

While the law gives the power, its enforcement can be tricky due to:

1. Extradition Treaties: India must have treaties with foreign countries to bring accused individuals back.

2. Jurisdictional Conflicts: Foreign laws may differ and sometimes reject Indian claims.

3. Lack of Evidence: Collecting evidence from foreign locations can be tough.

4. Diplomatic Sensitivities: Political factors may influence enforcement.

Still, this section remains symbolically and legally powerful in ensuring accountability.

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📝 Important Case Examples

Although BNS is newly implemented (from July 1, 2024), the IPC equivalent provisions have already seen such applications:

• Ajmal Kasab Case: Although the attack was planned outside India, the perpetrators were punished under Indian law.

• Cyber Espionage Cases: Several global hackers have targeted Indian websites, and India has issued notices under its laws.

• Enrica Lexie Case (Italian Marines): The incident happened on an Indian vessel; jurisdiction was a major issue.

Similar cases in future will now be dealt with under BNS Section 4.

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📚 Who Should Study Section 4 in Detail?

• Judiciary Exam Aspirants (like PCS-J, DJS, etc.)

• UPSC aspirants with Law Optional

• Law Students

• Cyber Law Enthusiasts

• Practicing Advocates involved in extradition or cyber cases

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✅ Summary

Section 4 of the Bharatiya Nyaya Sanhita is a modern provision with wide implications. It allows Indian criminal law to extend beyond the country’s borders in specific circumstances — particularly for:

• Indian citizens committing offences abroad

• Offences committed on Indian-registered ships and aircraft

• Cyber offences targeting Indian computer systems

In a globalized and digital world, this section empowers India to protect its citizens and sovereignty from crimes that originate far away but have a direct impact on Indian interests.

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If you're preparing for competitive exams or studying law, make sure to read Section 4 along with Articles 245 and 1 of the Constitution, and understand the difference between territorial and extra-territorial jurisdiction.