Section 1-2

Sections 1 and 2 establish the most fundamental parameters of the BNS — its name, territorial reach, and the scope of its application. The choice of name — 'Bharatiya Nyaya Sanhita' (Indian Justice Code) — is itself significant, replacing the 'Indian Penal Code' with an explicitly Indian-language title that drops the colonial 'Penal' (punishment-focused) framing in favour of 'Nyaya' (justice-focused). This linguistic and philosophical shift signals the legislative intent to move from a purely punitive code toward one oriented around justice. Section 2 establishes two foundational principles: (1) Territorial jurisdiction — the BNS applies to acts committed within India. 'India' includes the territorial waters, continental shelf, and exclusive economic zone under international law, meaning the BNS governs crimes committed on Indian vessels at sea, on offshore platforms, and within Indian airspace. (2) The rule of legality — no person shall be punished except under the provisions of the BNS or other law in force. This embodies the Latin maxim 'nulla poena sine lege' (no punishment without law) — a cornerstone of the rule of law that prevents arbitrary state punishment for acts not defined as offences at the time they occurred. The territorial application also has extraterritorial extensions: Section 1 of the IPC had provisions for offences on Indian ships and by Indian citizens abroad, and the BNS preserves these through its territorial waters and special provisions.