On 1 July 2024, three new criminal laws came into force across India:
- the Bharatiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code, 1860;
- the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Code of Criminal Procedure, 1973; and
- the Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872.
Section numbers have changed
Most offences continue in substance, but almost every section number is different. Cheating under IPC 420 is now BNS 318(4); cruelty under IPC 498A is BNS 85; anticipatory bail under CrPC 438 is BNSS 482; and quashing under CrPC 482 is now BNSS 528. Our IPC → BNS converter lists the common ones.
What is new
- New offences such as organised crime (BNS s.111), terrorist act (s.113), snatching (s.304) and mob lynching (s.103(2)).
- Community service as a punishment for some minor offences.
- Zero FIR and e-FIR recognised in the statute (BNSS s.173).
- Timelines for investigation updates, framing of charges and judgments.
- Electronic records given wider recognition, with the certificate for electronic evidence now under BSA s.63.
Which law applies to my case?
As a general rule, the law in force on the date of the offence decides the offence and punishment. Offences committed before 1 July 2024 are generally governed by the IPC, and investigations, trials and appeals pending on that date continue under the CrPC (BNSS s.531). New proceedings started after that date follow the BNSS procedure. Because the transition raises technical questions, it is worth checking the correct provisions before filing any bail application or petition.
