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N/ACognizable: N/AN/A
Reform Highlights
1
Directly preserved from IPC Section 5 — same function in BNS.
2
Ensures BNS coexists with NDPS Act, POCSO, PMLA, IT Act, Arms Act and all other special legislation.
3
Armed forces disciplinary codes (Army/Navy/Air Force Acts) explicitly protected.
THE STATUTE
The Clause
Nothing in this Sanhita is intended to repeal, vary, suspend, or affect any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the Army, Naval or Air Forces of India, or of any special or local law.
Legal Commentary
Section 5 is the BNS's saving clause — it ensures that the BNS does not override or repeal any special legislation or local law simply by co-existing with it. Special laws (applicable to a particular subject, such as the NDPS Act, POCSO Act, or the Arms Act) and local laws (applicable only to a specific part of India) continue to operate independently alongside the BNS. Critically, Section 5 also explicitly preserves the disciplinary framework governing India's armed forces — the Army Act, Navy Act, and Air Force Act — which operate as self-contained codes for military personnel. This provision mirrors IPC Section 5 which performed the same architectural function, ensuring that the BNS is the general backbone of criminal law without displacing the web of specialised legislation built around it.
Case Simulations
"A drug trafficking case is tried under the NDPS Act — not displaced by BNS Section 5."
"A soldier's court-martial proceeds under the Army Act — Section 5 explicitly preserves this jurisdiction."
Expert Insights
No. Section 5 of the BNS explicitly saves all special and local laws. The NDPS Act, POCSO Act, PMLA, IT Act, and every other special statute continue to operate independently alongside the BNS.