Section 124 BNSS: Application of this Chapter (Formerly Section 105L CrPC)

Section 124 of Bharatiya Nagarik Suraksha Sanhita, 2023: Application of this Chapter

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 124

Section 124 defines the application of this Chapter, providing that the provisions of Chapter VIII shall apply only to offences specified in the schedule or notified by the Central Government.

Specified Offences Only: Applicable strictly to grave offences (e.g., terrorism, organised crime, major financial fraud) notified by the Central Government.
Exclusion of Trivial Crimes: Cannot be deployed for petty or ordinary non-scheduled offences.
Territorial Reciprocity Requirement: Operates in relation to contracting States having reciprocal arrangements with India.

Key Landmark Precedents:

State of M.P. v. Balram Mihani (2010) 2 SCC 602: The Supreme Court held that the extraordinary attachment and forfeiture powers under Chapter VIIA CrPC (Chapter VIII BNSS) apply strictly to specified categories of offences, not ordinary crimes.
Bhavesh Jayanti Lakhani v. State of Maharashtra (2009) 9 SCC 551: Affirmed that statutory limits on reciprocal criminal jurisdiction must be strictly observed.

Courtroom Practice & Strategic Litigation Guidance:

Challenge any attempt by local police to invoke Section 116-120 asset forfeiture in ordinary theft or cheating cases. The offence must fall strictly within the notified schedule of serious offences.