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For the purpose of Section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is meant by ‘tribal…

Under the Explanation to Section 1(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Explanation to Section 1(2) of the Code of Criminal Procedure, 1973), the…

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For the purpose of Section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is meant by ‘tribal areas’?

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Correct answer C

Under the Explanation to Section 1(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Explanation to Section 1(2) of the Code of Criminal Procedure, 1973), the provisions of the Sanhita (other than those relating to Chapters IX, XI, and XII) do not apply in the absence of a State Government notification to the State of Nagaland and to the ‘tribal areas’, where ‘tribal areas’ means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

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Option A

Incorrect. The Explanation to section 1(2) expressly excludes the area within the local limits of Shillong municipality.

Option B

Incorrect. The definition refers to the former Sixth Schedule tribal areas of Assam with a Shillong exclusion. It is broader than a reference to Mizoram alone.

Option C

Correct. The Explanation to section 1(2) fixes both the historical reference date and the exclusion for the Shillong municipality.

Option D

Incorrect. The definition refers to a historical Sixth Schedule boundary rather than the current boundary of Arunachal Pradesh.

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