Explanation of Section 5 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023:
This section ensures that the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, does not interfere with special laws, local laws, or any special procedures or powers given by other laws, unless the BNSS specifically states otherwise.
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Key Points:
1. No Conflict with Special or Local Laws:
If there are laws created for specific areas or situations (e.g., special or local laws), they will continue to operate and will not be overridden by the BNSS unless explicitly mentioned.
2. Special Jurisdictions and Powers Remain:
If other laws give special powers or authority to specific bodies or individuals (e.g., special courts or investigative agencies), those powers will not be affected by the BNSS.
3. Special Procedures Continue:
If another law specifies unique ways to handle particular cases (like special investigation or trial methods), those procedures will remain valid even if they differ from the BNSS.
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Examples for Better Understanding:
1. Special Laws (Like POCSO Act):
The Protection of Children from Sexual Offences (POCSO) Act includes its own courts and processes for dealing with crimes against children.
Application: These provisions will remain in effect and will not be impacted by the Bharatiya Nagrik Suraksha Sanhita.
2. Local Laws (Like Panchayati Raj Laws):
If a state law allows village Panchayats to handle disputes in rural areas, that law will continue to function.
Application: The BNSS will not interfere with such local laws unless it specifically says so.
3. Special Jurisdictions (Like NIA or CBI):
The National Investigation Agency (NIA) Act gives the NIA special powers to handle certain national security cases.
Application: The NIA’s powers and jurisdiction will not be affected by the BNSS.
4. Special Procedures (Like Environmental Laws):
The Environment Protection Act might require specific courts to handle pollution-related offences.
Application: These special procedures and courts will remain unaffected by the BNSS.
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Key Idea:
This section ensures that the Bharatiya Nagrik Suraksha Sanhita works alongside other existing laws and does not interfere with their special provisions, powers, or procedures unless specifically mention
ed. It maintains harmony between the BNSS and other laws.
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