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FREE LEGAL RESOURCEThe New Criminal Laws
A plain-language guide to BNS, BNSS and BSA, including major changes from the IPC, CrPC and Indian Evidence Act and practical points for the public.
THE NEW CRIMINAL LAWS: BNS, BNSS AND BSA
On 1 July 2024, India replaced three colonial-era criminal statutes — the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 — with three new laws: the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). This was one of the most significant overhauls of India's criminal justice framework since independence. This guide explains what changed, what stayed the same, and what it means for an ordinary citizen, a complainant, or an accused person.
1. Why the Laws Changed
The stated objectives behind the new framework were to move away from a colonial, punishment-centred approach toward a citizen-centred, justice-oriented system; to modernise procedure for the digital age, including electronic FIRs, video conferenced testimony, and digital evidence; to introduce stricter timelines to reduce delay; to introduce community service as a form of punishment for minor offences; and to address gaps in the old laws around organised crime, terrorism, and mob violence, which had until then been addressed largely through special statutes.
2. The Bharatiya Nyaya Sanhita, 2023 (BNS): Substantive Criminal Law
The BNS replaces the IPC and defines offences and punishments. It retains the broad structure of the IPC in many respects but renumbers almost every section, and introduces several new provisions.
2.1 Key structural changes
- The BNS has 358 sections, compared to 511 in the IPC, achieved partly by consolidating overlapping provisions.
- Offences against the human body now appear earlier in the Sanhita, reflecting a stated shift in priority toward offences against the person.
- Several colonial-era offences, including sedition in its old form (IPC Section 124A), have been repealed and, in some cases, replaced with a differently defined offence (BNS Section 152, covering acts endangering the sovereignty, unity and integrity of India).
- New chapters address organised crime and terrorism directly within the general criminal law, rather than relying solely on special statutes.
- Community service is introduced as a punishment for certain minor offences, such as petty theft, public intoxication and defamation, for the first time in general criminal law.
- Mob lynching is specifically criminalised, with enhanced punishment (including the death penalty and life imprisonment in the most serious cases) for murder committed by five or more persons acting together on grounds including race, caste, community, sex or place of birth.
2.2 Illustrative section comparison (verify each entry before publishing)
| Subject | Old (IPC) | New (BNS) |
|---|---|---|
| General punishment for murder | S. 302 | S. 103(1) |
| Murder by a group on specified grounds (mob lynching) | No direct equivalent | S. 103(2) |
| Culpable homicide not amounting to murder | S. 299–300, 304 | S. 100–101 |
| Rape | S. 375–376 | S. 63–64 |
| Gang rape | S. 376D | S. 70 |
| Cheating | S. 415–420 | S. 316–318 |
| Criminal breach of trust | S. 405–409 | S. 316(2)–(5) |
| Cruelty by husband or relatives | S. 498A | S. 85–86 |
| Defamation | S. 499–500 | S. 356 |
| Common intention | S. 34 | S. 3(5) |
| Attempt to commit an offence punishable with death/life imprisonment | S. 511 | S. 62 |
| Sedition (repealed) / acts against sovereignty and integrity | S. 124A | S. 152 |
| Organised crime (new provision) | No direct equivalent | S. 111 |
| Terrorist act (new provision within general law) | No direct equivalent | S. 113 |
| Snatching (new distinct offence) | Charged under theft/robbery provisions | S. 304 |
3. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Criminal Procedure
The BNSS replaces the CrPC and governs the process of investigation, arrest, bail, trial, and appeal. It retains much of the CrPC's procedural architecture but introduces important changes aimed at speed, transparency and use of technology.
3.1 Key changes
- Zero FIR is now expressly codified. Section 173(1) allows information about a cognizable offence to be given at any police station, regardless of where the offence occurred, with mandatory transfer to the station with jurisdiction.
- Electronic filing of complaints. Information about an offence can be given electronically, provided it is signed by the informant within three days.
- Mandatory forensic investigation. For offences punishable with seven years' imprisonment or more, a forensic expert must visit the crime scene and collect evidence, with videography of the process, where forensic facilities are available.
- Time-bound investigation and trial. The BNSS sets out defined timelines: for instance, investigation in cases against women and children involving certain offences must ordinarily be completed within two months, and the trial court must pronounce judgment within 45 days of completion of arguments, in a case triable as a warrant case; a chargesheet must generally be filed within 90 days, extendable up to 180 days for serious offences.
- Trial in absentia, in defined circumstances, for a proclaimed offender who deliberately evades trial, subject to safeguards.
- Videoconferencing is expressly permitted for recording of statements, evidence and even certain trial proceedings, reducing the need for physical production of witnesses and undertrials in some situations.
- Handcuffing is regulated, permitted only in specified circumstances involving habitual offenders, repeat offenders, or a real risk of escape or violence, and must be recorded with reasons.
- Undertrial relief expanded. Section 479 addresses release of undertrial prisoners who have completed a specified proportion of the maximum sentence for the alleged offence, aiming to reduce overcrowding of undertrials in prisons.
- Witness protection. States are required to prepare and notify a Witness Protection Scheme, formalising protections that earlier existed only through judicial directions.
3.2 Illustrative section comparison (verify each entry before publishing)
| Subject | Old (CrPC) | New (BNSS) |
|---|---|---|
| Information in cognizable cases (incl. Zero FIR) | S. 154 | S. 173 |
| Arrest without warrant by police | S. 41 | S. 35 |
| Anticipatory bail | S. 438 | S. 482 |
| Production before Magistrate within 24 hours | S. 57 | S. 58 |
| Maintenance of wives, children and parents | S. 125 | S. 144 |
| Recording of confessions and statements | S. 164 | S. 183 |
| Committal of case to Sessions Court | S. 209 | S. 232 |
| Plea bargaining | S. 265A–265L | S. 289–300 |
| Release of undertrials on completing part of sentence | S. 436A | S. 479 |
4. The Bharatiya Sakshya Adhiniyam, 2023 (BSA): Law of Evidence
The BSA replaces the Indian Evidence Act, 1872 and governs what evidence is admissible in court and how it is proved. It preserves most core principles of the law of evidence while modernising the treatment of electronic and digital evidence.
- Electronic and digital records are now treated at par with paper documents as 'documents' and 'primary evidence' in specified circumstances, reflecting the reality of digital communication, CCTV footage, and electronic transactions.
- Admissibility of electronic evidence (formerly Section 65B of the Evidence Act, now Section 63 of the BSA) continues to require a certificate confirming the authenticity of electronic records, with updated procedural detail on who may issue such a certificate.
- Joint trials and provisions on the confession of a co-accused have been clarified and consolidated.
- Secondary evidence provisions have been updated to reflect modern methods of copying and storing documents.
- The core doctrines — relevance, burden of proof, presumptions, privilege (such as attorney-client privilege), and the treatment of expert opinion — remain substantially preserved from the 1872 Act, since these are long-settled principles of evidence law.
| Subject | Old (Evidence Act) | New (BSA) |
|---|---|---|
| Definition of 'evidence' (includes electronic records) | S. 3 | S. 2 |
| Admissibility of electronic records | S. 65B | S. 63 |
| Presumption as to electronic agreements | S. 85A | S. 89 |
| Dying declaration | S. 32(1) | S. 26(a) |
| Expert opinion | S. 45 | S. 39 |
| Burden of proof | S. 101–104 | S. 104–107 |
5. What Happens to Old Cases and FIRs Registered Before 1 July 2024?
As a general rule, cases and FIRs registered before 1 July 2024 continue to be investigated, tried, and decided under the old IPC, CrPC and Evidence Act, since the transitional provisions of the new laws generally preserve the application of the old law to pending matters, while new offences committed on or after 1 July 2024 are governed by the BNS, BNSS and BSA. There are nuances, however, particularly for procedural steps taken after the changeover date in an otherwise 'old law' case, and for offences that straddle the changeover date. Always confirm with an advocate which law applies to your specific case — this is not a point to assume without checking, since it affects everything from applicable punishment to procedural timelines.
6. Notable New Offences and Concepts Introduced
| New concept | What it covers |
|---|---|
| Organised crime (BNS S. 111) | Continuing unlawful activity by a crime syndicate through violence, threat, extortion or other unlawful means for material or economic gain; a new general-law offence, distinct from state-specific organised crime statutes |
| Petty organised crime (BNS S. 112) | Theft, snatching, cheating in public spaces, unauthorised ticket or lottery sales, and similar 'petty' but organised criminal activity, often affecting daily urban life |
| Terrorist act (BNS S. 113) | Acts intended to threaten the unity, integrity, security or sovereignty of India, or to strike terror in the population, brought within the general criminal law alongside special legislation such as the UAPA |
| Mob lynching (BNS S. 103(2)) | Murder committed by five or more persons acting together on grounds of race, caste, community, sex, place of birth, language, personal belief, or similar grounds, carrying enhanced punishment |
| Snatching (BNS S. 304) | A distinct offence for suddenly seizing, grabbing or dragging a person or their property, recognising this as increasingly common and previously charged inconsistently under theft or robbery |
| Community service (multiple BNS sections) | A new form of punishment for specified minor offences, requiring the convict to perform unpaid work benefiting the community, as an alternative to a fine or short imprisonment |
7. Practical Guidance for the Public
- If you are reporting a crime today, it will generally be registered and investigated under the BNS/BNSS, regardless of which old-law language you may be familiar with.
- If your case predates 1 July 2024, confirm with your advocate whether the old law or new law applies to the specific step you are dealing with.
- Section numbers you read in older documents, agreements, or educational material referring to the IPC/CrPC/Evidence Act remain historically accurate for pre-2024 matters, but should not be used for a new complaint or matter.
- Do not assume a punishment has changed just because the section number has changed — many provisions carry forward similar punishment structures with renumbering only; always check the actual prescribed punishment in the new section.
- Timelines are stricter under the BNSS — if you are a complainant or a victim, you are entitled to be informed of the progress of the investigation, including in writing, within the statutory period.
8. Frequently Confused Points
| Myth | Reality |
|---|---|
| The new laws abolished bail. | Bail provisions, including anticipatory bail, continue under the BNSS, now renumbered. |
| Zero FIR is a completely new concept. | Zero FIR existed in practice earlier through executive instructions; the BNSS gives it clear statutory backing for the first time. |
| All old cases must now be restarted under the new law. | No. Pending cases generally continue under the old law under which they were registered. |
| Sedition still exists exactly as before. | The old sedition offence (IPC S. 124A) was repealed; a differently worded offence addressing acts against the sovereignty and integrity of India (BNS S. 152) now applies, with a narrower and more specific formulation. |
| Community service replaces jail for all offences. | Community service is available only for a specific, limited list of minor offences, not as a general alternative to imprisonment. |
9. How the Three Laws Work Together
It helps to think of the three new laws as answering three different questions. The BNS answers the question 'what is a crime, and what punishment does it carry?' The BNSS answers the question 'how is a crime investigated, prosecuted and tried?' The BSA answers the question 'what evidence can be used to prove or disprove the charge, and how must it be proved?' A single criminal case will typically involve all three: an FIR is registered under a BNS offence, following the procedure laid down in the BNSS, and the outcome depends on evidence assessed according to the rules in the BSA. Understanding this three-part structure makes it much easier to follow how a case actually moves through the system.
10. Impact on Specific Groups
10.1 Victims and complainants
The BNSS gives victims a stronger, more defined role than the old CrPC did in practice. A victim or informant is entitled to be updated on the progress of an investigation at defined intervals, to receive a copy of the police report free of cost in many circumstances, and to be heard at the stage of withdrawal of a prosecution. Free legal aid, forensic support, and simplified procedures for reporting are together intended to make the system more accessible to a first-time complainant.
10.2 Accused persons and undertrials
For an accused person, the combination of statutory timelines for chargesheets and trials, the codified right to release for undertrials who have served a defined proportion of the maximum sentence, and expanded plea-bargaining provisions is intended to reduce the number of people held in long, undecided pre-trial detention. At the same time, provisions on trial in absentia for deliberately absconding accused persons, and the new organised-crime and terrorism provisions, expand the State's tools for prosecuting serious and repeat offenders.
10.3 Police and investigating agencies
Investigating officers now operate under firmer statutory timelines and documentation requirements, including mandatory forensic visits for serious offences and videography of search and seizure in many cases. This is intended to improve evidence quality and reduce disputes over the fairness of the investigation at trial, though it also places a greater administrative and training burden on police stations, particularly where forensic infrastructure is still developing.
10.4 Advocates and the judiciary
For practising advocates, the changeover means maintaining fluency in both the old and new numbering for years to come, since old-law matters will continue moving through the courts for a long transitional period. Drafting, from bail applications to chargesheet responses, must correctly cite the applicable law for each specific case, and courts across India are still developing a consistent body of interpretation on several of the newly worded provisions.
11. Digital and Technological Changes in Practice
- e-FIR and online complaint portals are being expanded by several state police departments to allow certain categories of complaints (such as vehicle theft or lost property) to be registered online, with the informant required to visit the station within a specified period to sign the complaint.
- CCTV coverage of police stations, including interrogation rooms where practicable, continues to be emphasised as a safeguard against custodial abuse, building on earlier Supreme Court directions.
- Digital case management and e-courts initiatives are gradually integrating with the new procedural timelines, allowing better tracking of whether statutory deadlines under the BNSS are being met in a given case.
- Video-recorded search and seizure is increasingly required for serious offences, reducing later disputes over what was recovered from a scene.
12. Common Questions From the Public
| Question | Short answer |
|---|---|
| Do I need to remember both old and new section numbers? | For everyday purposes, no — use the new numbering for anything happening today. Keep the comparison tables in this guide handy if you are dealing with an older matter or reading older documents. |
| Has the punishment for serious crimes like murder or rape become harsher or lighter? | For most core offences, the punishment structure is substantially similar; the changes are more about procedure, new offences, and reorganisation than about softening or hardening existing punishments. Always check the specific section for the exact prescribed punishment. |
| Can I still get anticipatory bail under the new law? | Yes. Anticipatory bail continues under Section 482 of the BNSS, with the same underlying purpose as the old Section 438 CrPC. |
| Is a confession to the police still not admissible as evidence? | Yes, the long-standing rule that a confession made to a police officer is generally not admissible against the accused continues to apply under the BSA, subject to the same limited exceptions as before. |
| Do these laws apply to the whole of India? | Yes, they apply across India, replacing the IPC, CrPC and Evidence Act nationally, subject to any special provisions applicable to particular states or union territories. |
13. A Final Word
The transition to the BNS, BNSS and BSA is still settling into practice, with courts across the country continuing to interpret and apply the new provisions, and some questions remaining open until higher courts pronounce on them. This guide will be updated as the law develops and as courts clarify ambiguities. If you are involved in any criminal matter, whether as a complainant, a witness or an accused, do not rely on general information alone — the specific facts of your case, and which law applies to it, make a real difference to the outcome.
It is worth remembering that a change in statute does not by itself change the values that Indian criminal law has long tried to protect: the presumption of innocence, the right to a fair hearing, protection against arbitrary state action, and proportionate punishment. The BNS, BNSS and BSA are best understood as a reorganisation and modernisation of the machinery that gives effect to those values, rather than a change in the values themselves. Advocates, police officers, and citizens alike are still in a period of learning this new machinery, and a degree of patience, together with careful verification of the applicable provision in every matter, remains the safest approach for the next few years.
Disclaimer: This guide is for information only. It is not an advertisement or solicitation, and it is not legal advice. It does not create an advocate-client relationship with Lex Monk or Advocate Chandrakant K. Deshmukh. Section numbers and provisions referred to above must be verified against the official gazetted text before being relied upon, since transcription or amendment errors are possible and courts continue to interpret these new laws.
Last reviewed: 25 September 2026