Short Title, Extent, Commencement; Definitions; Trial of Offences Under BNS; Saving
Foundational provisions of BNSS — title, definitions, applicability
Legal Commentary
Explanation
BNSS Sections 1–5 establish the new criminal procedure framework for India from 1 July 2024. The most significant definitional addition in BNSS Section 2 compared to CrPC Section 2 is the explicit definition of 'victim' — absent from CrPC for 50 years. 'Victim' under BNSS Section 2(y) means anyone who has suffered loss or injury due to the charged act or omission, and includes legal heirs. This definitional recognition is the foundation for the extensive victim rights built throughout the BNSS. Other new definitions: 'audio-video electronic means' (enabling digital proceedings throughout); 'electronic communication' (expanding the scope of processes to the digital realm); 'forensic expert' (codifying forensic evidence requirements). The BNSS also removes the J&K exception — it extends to the whole of India including J&K (unlike CrPC which excluded J&K until Article 370 abrogation). The applicability provision (Section 3) now specifically references the Bharatiya Nyaya Sanhita (BNS) — the substantive criminal law counterpart — creating a coherent new criminal law trilogy: BNS (substantive) + BNSS (procedure) + BSA (evidence).