BNS, BNSS, and BSA vs IPC, CrPC, and Indian Evidence Act: Complete Guide to India's New Criminal Laws 2024
BNS, BNSS, and BSA vs IPC, CrPC, and Indian Evidence Act: Complete Guide to India's New Criminal Laws 2024
BNS, BNSS, and BSA vs IPC, CrPC, and Indian Evidence Act: Complete Guide to India's New Criminal Laws 2024
BNS, BNSS, and BSA vs IPC, CrPC, and Indian Evidence Act: Complete Guide to India's New Criminal Laws 2024
► "The law that governs your liberty, your property, and your rights in a criminal proceeding has changed. Knowing what changed, and what it means for you, is the first step toward meaningful access to justice."
What Are the BNS, BNSS, and BSA — and What Replaced What?
India replaced its three foundational criminal laws on July 1, 2024. The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). All three bills were passed by Parliament in August 2023 and received Presidential assent the same month. This article explains what changed, what stayed the same, how the sections renumber, and what it means for citizens, accused persons, law students, and legal professionals across India.
The table below provides a quick reference to the three replacements.
Old Law
Year
Replaced By
Year
Sections
Indian Penal Code
1860
Bharatiya Nyaya Sanhita (BNS)
2023
511 → 358 sections
Code of Criminal Procedure
1973
Bharatiya Nagarik Suraksha Sanhita (BNSS)
2023
484 → 531 sections
Indian Evidence Act
1872
Bharatiya Sakshya Adhiniyam (BSA)
2023
167 → 170 sections
Why Did India Replace the IPC, CrPC, and Indian Evidence Act?
The IPC, CrPC, and Indian Evidence Act were all drafted during British colonial rule. The government's stated position, reflected in the Statement of Objects and Reasons for each of the three bills, was that these laws were designed primarily to protect colonial authority and administer punishment rather than to serve Indian citizens and deliver justice. The new laws were introduced with the stated aims of shifting focus from punishment to justice, speeding up trial processes, incorporating modern realities like digital evidence and organised crime, and giving the criminal law framework an Indian identity and orientation.
Critics, including several bar associations and legal scholars, argued that the substantive changes were less transformative than the renaming suggested, and that the bills passed under controversial circumstances after the suspension of a significant number of Opposition MPs, which meant they did not receive the parliamentary scrutiny that legislation of this consequence deserved.
Whether the reforms achieve their stated goals will be determined not in statute books but in courtrooms, police stations, and prisons across India in the years ahead.
BNS vs IPC: What Are the Key Differences in India's New Substantive Criminal Law?
The Bharatiya Nyaya Sanhita, 2023 is India's new substantive criminal law, defining offences and their punishments. It consolidates 511 IPC sections into 358 sections through merging, reorganisation, and deletion, while also introducing entirely new offences.
The table below sets out the most significant changes from the IPC to the BNS.
Area of Change
IPC Position
BNS Position
Significance
Sedition
Section 124A: sedition defined as exciting disaffection against the government
Section 152: offence of acts endangering sovereignty, unity and integrity of India
Critics say it is sedition repackaged with broader and vaguer scope; supporters say it is constitutionally sounder
Organised crime
No specific definition or dedicated provision
Section 111: organised crime defined; punishment includes life imprisonment and death for murder
Brings organised crime into the mainstream criminal code for the first time
Petty organised crime
Not specifically defined
Section 112: covers mobile snatching, chain theft, card skimming by groups
Addresses crimes that disproportionately affect ordinary citizens in urban areas
Terrorist acts
Covered primarily through special legislation like UAPA
Section 113: terrorist acts defined within the mainstream criminal code
Significant expansion of the BNS's scope into counterterrorism
Community service
Not available as a punishment under IPC
Introduced as a punishment for minor offences
First time in India's criminal law history that a non-custodial reformative punishment is formally recognised
Hit and run
Section 304A: causing death by negligence punishable up to 2 years
Section 106(2): drivers who flee without reporting punishable up to 10 years
Caused nationwide protests by truck drivers in early 2024; government put implementation on hold
False promise of marriage
No specific provision; prosecuted inconsistently
Section 69: sexual intercourse by false promise of marriage or employment specifically criminalised
Addresses a category of cases courts previously handled without a dedicated provision
► Key Principle: The replacement of sedition under Section 124A IPC with Section 152 BNS is one of the most legally significant changes. The Supreme Court in Kedar Nath Singh v. State of Bihar AIR 1962 SC 955 had already read down Section 124A IPC significantly. Section 152 BNS has been criticised as potentially broader in scope than the provision it replaced.
Section-by-Section Comparison: IPC vs BNS for the Most Important Offences
Every section of the IPC has been renumbered in the BNS. This is practically significant because decades of case law, FIRs, legal documents, and court orders referenced IPC sections. The table below maps the most commonly referenced and searched offences across both statutes.
Offence
IPC Section
BNS Section
Murder
302
101
Culpable homicide not amounting to murder
304
105
Causing death by negligence / hit and run
304A
106
Rape
376
63
Sexual intercourse by false promise of marriage
No equivalent
69
Kidnapping
359
137
Theft
378
303
Cheating
420
316
Defamation
499
356
Organised crime
No equivalent
111
Terrorist acts
No equivalent (UAPA)
113
Sedition / Acts against sovereignty
124A
152
The renumbering of Section 420 IPC to Section 316 BNS is culturally significant: the number 420 had become synonymous with fraud and cheating in Indian popular culture, appearing in film titles, everyday speech, and decades of public memory. That cultural reference now belongs to a repealed statute.
BNSS vs CrPC: What Changed in How India's Criminal Law Is Administered?
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the entire process of criminal administration from the filing of an FIR to the pronouncement of a verdict. It is actually larger than the CrPC it replaced, expanding from 484 to 531 sections, reflecting the addition of significant new procedural provisions.
The table below sets out the most important procedural changes under the BNSS.
Procedural Area
CrPC Position
BNSS Position
Impact
Timeline for charge framing
No strict mandatory timeline
Must be done within 60 days of first hearing
Directly addresses case backlogs
Timeline for judgment delivery
No strict mandatory timeline
Within 45 days of conclusion of arguments
Significant reform for judicial efficiency
Zero FIR
Existed through Supreme Court directions only
Formally codified; must be transferred to appropriate station within 15 days
Gives statutory backing to a practice that was already happening
Trial in absentia
Not permitted under CrPC
Section 356: proclaimed offenders who abscond can be tried and convicted in their absence
Major procedural change with due process implications
Police remand
Total police custody limited to 15 days
Police custody can be sought in parts throughout entire period of judicial custody (60 to 90 days)
Most controversial provision; criticised by civil liberties groups as increasing risk of custodial abuse
Crime scene videography
No mandatory videography requirement
Mandatory for search and seizure operations
Intended to reduce evidence planting allegations
Forensic investigation
Not mandated
Mandatory for offences carrying 7 years imprisonment or more
Major push toward scientific investigation; raises infrastructure questions
Electronic summons
Not formally recognised
Formally recognised as valid service
Modernises a process that was still largely paper-based
The extension of police remand provisions deserves particular attention. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, extending the effective window to 60 or 90 days depending on the offence. This change has been criticised extensively by bar associations, civil liberties organisations, and legal scholars as significantly increasing the risk of custodial abuse in a country where the Supreme Court's guidelines from DK Basu v. State of West Bengal (1997) on preventing custodial violence are still not consistently followed.
► Key Principle: The trial in absentia provision under Section 356 BNSS represents a significant departure from the CrPC's requirement of the accused's presence at trial. While it targets proclaimed offenders and absconders, its constitutional implications under Article 21 and the principles of fair trial are yet to be fully tested judicially.
BSA vs Indian Evidence Act: How the Rules of Evidence Changed in India
The Bharatiya Sakshya Adhiniyam, 2023 is the least dramatically changed of the three new statutes. The core evidentiary principles from the Indian Evidence Act, including the burden of proof framework, relevancy of facts, hearsay rules, and witness examination procedures, have been substantially retained.
The most significant changes in the BSA relate to digital and electronic evidence, which had become a major practical bottleneck under the old Indian Evidence Act.
The table below sets out the key changes in the BSA.
Area
Indian Evidence Act Position
BSA Position
Significance
Electronic records
Addressed through Sections 65A and 65B but created significant practical difficulties; certificate requirements were burdensome
Streamlined and updated; electronic records including emails, messages, social media posts, and digital documents explicitly recognised with clearer admissibility procedure
Directly addresses the mess created by conflicting Supreme Court decisions on Section 65B certificates
Secondary electronic evidence
Procedurally burdensome; created bottlenecks in cybercrime and commercial cases
Procedural burden reduced; easier admissibility of secondary electronic evidence
Practically important for the increasing volume of digital evidence in modern litigation
Joint trials
Provisions existed but were less clearly defined
Clearer provisions for joint trials involving multiple accused
Improves management of complex multi-accused cases
Core evidentiary principles
Established through Indian Evidence Act
Retained with modernisation
Continuity ensures existing case law on burden of proof, relevancy, and witness examination remains applicable
The Supreme Court's decisions in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 and Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801 on the Section 65B certificate requirement for electronic records had created significant confusion in practice. The BSA's streamlined approach to electronic evidence is a direct response to these difficulties.
New Offences Under BNS That Had No Equivalent in the IPC
Several offences have been specifically defined in the BNS for the first time, addressing categories of conduct that the IPC either did not cover or addressed only through judicial interpretation of general provisions.
The table below sets out the new offences.
New Offence
BNS Section
Description
Organised crime
Section 111
Defines organised crime and prescribes punishment including life imprisonment and death for murders committed as part of organised crime
Petty organised crime
Section 112
Covers mobile snatching, chain theft, card skimming, and similar offences committed by organised groups
Terrorist acts
Section 113
Defines terrorist acts within the mainstream criminal code rather than only in special legislation
Sexual intercourse by false promise of marriage
Section 69
Specifically criminalises sexual intercourse obtained through false promise of marriage or employment
Hit and run with flight
Section 106(2)
Prescribes up to 10 years imprisonment for drivers who flee accident scenes without reporting to authorities
How Do the New Criminal Laws Affect Your Rights as an Accused Person?
The new laws introduce both expanded protections and significant concerns from a civil liberties perspective.
On the protective side, the BNSS mandates that an arrested person's family or chosen contact must be informed of the arrest immediately. Medical examination of arrested persons must be completed within 24 hours. The right to legal representation has been reinforced at multiple procedural stages. Zero FIR is now a statutory right rather than a Supreme Court-directed practice.
On the concerning side, the extension of police remand provisions significantly increases the window during which a person can be held in police custody. The trial in absentia provision, aimed at absconders, raises due process questions that courts will need to resolve. These concerns are particularly significant given that undertrial prisoners already comprise over 75 percent of India's prison population according to National Crime Records Bureau data, making any tightening of provisions that affects pre-trial detention a matter of serious constitutional consequence.
The table below summarises the key civil liberties implications of the new laws.
Provision
New Law
Concern Level
Key Issue
Mandatory family notification on arrest
BNSS
Positive reform
Strengthens existing right
Medical examination within 24 hours
BNSS
Positive reform
Provides accountability mechanism
Extended police remand
BNSS
High concern
Increases custodial abuse risk; conflicts with DK Basu framework
Trial in absentia
BNSS Section 356
Moderate concern
Due process implications under Article 21
Mandatory forensic investigation
BNSS
Implementation concern
Infrastructure shortages across states
Section 152 BNS on acts against sovereignty
BNS
High concern
Potentially broader than sedition it replaced
What Happens to Pending Cases and FIRs Filed Before July 1, 2024?
This is one of the most practically important questions for lawyers, law students, police officers, and citizens. The answer is governed by the savings clauses in the new statutes.
Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the old IPC, CrPC, and Indian Evidence Act. Only offences committed on or after July 1, 2024 are governed by the new BNS, BNSS, and BSA.
This means Indian courts are now running two parallel systems simultaneously. FIRs registered before July 1, 2024 reference IPC sections. FIRs registered after that date reference BNS sections. The same court may be dealing with a 2023 murder case under Section 302 IPC and a 2024 murder case under Section 101 BNS at the same time. This dual system will continue for years as old cases work their way through the system.
What Law Students Must Know About BNS, BNSS, and BSA for Exams, Judiciary, and Moots
The shift to the new statutes is one of the most significant academic changes for Indian law students in recent memory. CLAT, judiciary exams, AIBE, and university examinations are already incorporating questions on the new laws.
The table below identifies the priority areas for law students.
Examination Context
Priority Areas
CLAT and law school entrance
Understanding what each new statute governs; key differences from predecessor
Judiciary and civil services exams
Renumbered sections for all major offences; new offences under BNS; new procedural timelines under BNSS
Criminal law assessments
Constitutional implications of extended police remand; trial in absentia and Article 21; Section 152 BNS and freedom of expression
Moot court problems
The dual system for pre and post July 1, 2024 offences is a rich moot scenario; new digital evidence provisions under BSA
Research papers
The transition period itself; comparative analysis of IPC versus BNS on sedition, organised crime, and community service
► Key Principle: For any examination or moot problem, always determine first whether the offence was committed before or after July 1, 2024. This single threshold determines which entire statutory framework applies. Getting this wrong voids the entire legal analysis that follows.
Criticism and Controversy: Why the New Criminal Laws Remain Contested
The passage of the three bills in August 2023 was procedurally controversial. The bills were passed after the suspension of a significant number of Opposition MPs, which critics argued meant they did not receive adequate parliamentary scrutiny or engagement with the Standing Committee's recommendations.
Substantively, legal scholars have argued that the new laws retain many colonial-era power structures despite their Indian names. The extension of police remand, the broadly worded replacement for sedition under Section 152 BNS, and the trial in absentia provision have each been described by different critics as potential tools for expanding state power over individuals rather than limiting it.
Supporters of the new laws, including the government, argue that the reforms genuinely modernise the criminal justice system, reduce delays through mandatory timelines, bring scientific investigation standards into the mainstream through forensic mandates, and create a legal framework that reflects India's own values rather than colonial priorities.
Both sets of arguments have merit. The new laws contain genuine reforms and genuine concerns. Their ultimate character will be determined by how they are implemented, interpreted, and challenged in courts across India.
Conclusion: India's New Criminal Laws Are Now in Force — Understanding Them Is No Longer Optional
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam together represent the most comprehensive overhaul of India's criminal justice framework since independence. Whether they achieve their stated aims of faster justice, scientific investigation, and citizen-centric law will depend entirely on implementation, judicial interpretation, and the willingness of all institutions, police, prosecutors, courts, and prisons, to operate within their spirit rather than just their letter.
The most visible changes are the renaming and renumbering. The deeper question, whether the balance of power between the state and the individual has shifted in a direction that is just and constitutionally sound, will be answered not in government notifications but in the millions of individual interactions between citizens and the criminal justice system that will unfold under these new laws in the years ahead.
For every citizen, every law student, and every legal professional in India: the law governing your liberty has changed. Know what changed.
Frequently Asked Questions (FAQs) on BNS, BNSS, BSA, IPC, CrPC, and Indian Evidence Act
1. What are the BNS, BNSS, and BSA and when did they come into force? The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are India's three new criminal laws that replaced the IPC, CrPC, and Indian Evidence Act respectively. All three came into force on July 1, 2024.
2. What is Section 420 IPC under the new BNS? The offence of cheating, previously under Section 420 IPC, is now governed by Section 316 of the BNS. The number 420 has passed into history, though decades of cultural associations with it will likely persist.
3. What happened to sedition under the new criminal laws? Sedition under Section 124A IPC has not been directly retained. Instead, Section 152 BNS introduces the offence of acts endangering the sovereignty, unity, and integrity of India. Legal scholars are divided on whether this represents a narrowing or broadening of the earlier provision.
4. Can police now hold a person in custody for more than 15 days under the new law? Yes. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, which can extend to 60 or 90 days depending on the offence. This is one of the most controversial changes in the new laws.
5. What happens to a case where the offence was committed in 2023 but the trial is happening in 2025? The old laws apply. Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the IPC, CrPC, and Indian Evidence Act through the savings clauses in the new statutes.
6. What is trial in absentia under the BNSS? Section 356 BNSS allows a person who is a proclaimed offender and has been absconding to be tried and convicted in their absence. This was not permissible under the CrPC and has significant due process implications under Article 21 of the Constitution.
7. What are the changes to electronic evidence under the BSA? The BSA streamlines and updates the Indian Evidence Act's provisions on electronic evidence, explicitly recognising emails, messages, social media posts, and digital documents, and simplifying the admissibility procedure that had become a bottleneck under the old Section 65B framework.
8. What is community service under the BNS and which offences attract it? Community service is a new form of punishment introduced for minor offences under the BNS, marking the first time India's criminal law has formally recognised a non-custodial, reformative punishment. The specific offences attracting community service are enumerated in the relevant provisions of the BNS.
Key Takeaways
The BNS, BNSS, and BSA replaced the IPC, CrPC, and Indian Evidence Act respectively and came into force on July 1, 2024, representing the most comprehensive overhaul of India's criminal law since independence.
Offences committed before July 1, 2024 continue to be governed by the old laws through savings clauses, meaning courts are now operating two parallel systems simultaneously.
Every IPC section has been renumbered in the BNS: murder moves from Section 302 to Section 101, rape from Section 376 to Section 63, and cheating from Section 420 to Section 316.
The BNS introduces for the first time defined offences of organised crime under Section 111, terrorist acts under Section 113, and sexual intercourse by false promise of marriage under Section 69.
Community service is introduced as a punishment for minor offences under the BNS, marking the first formal recognition of a non-custodial reformative punishment in India's criminal law history.
The BNSS extends police remand from a total cap of 15 days under the CrPC to the possibility of custody in parts throughout 60 to 90 days of judicial custody, drawing significant criticism from civil liberties groups.
The BNSS mandates mandatory timelines for charge framing (60 days from first hearing) and judgment delivery (45 days from conclusion of arguments), directly addressing chronic case backlogs.
Trial in absentia under Section 356 BNSS allows proclaimed offenders to be tried in their absence, a significant procedural change with unresolved constitutional implications under Article 21.
The BSA streamlines electronic evidence admissibility, addressing the practical difficulties created by conflicting Supreme Court interpretations of Section 65B of the Indian Evidence Act.
The replacement of Section 124A IPC (sedition) with Section 152 BNS (acts endangering sovereignty) is one of the most legally significant and contested changes in the new criminal law framework.
References
Bharatiya Nyaya Sanhita, 2023, Act No. 45 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Sakshya Adhiniyam, 2023, Act No. 47 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
The Indian Penal Code, 1860, Act No. 45 of 1860, as it stood prior to repeal on July 1, 2024.
The Code of Criminal Procedure, 1973, Act No. 2 of 1974, as it stood prior to repeal on July 1, 2024.
The Indian Evidence Act, 1872, Act No. 1 of 1872, as it stood prior to repeal on July 1, 2024.
Statement of Objects and Reasons, Bharatiya Nyaya Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Sakshya Adhiniyam Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Parliamentary Debates, Lok Sabha, August 2023, Discussion on the three Criminal Law Reform Bills.
Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, Supreme Court of India: The foundational judgment on the constitutionality of sedition under Section 124A IPC, relevant to understanding its replacement under Section 152 BNS.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India: The landmark judgment on arrest guidelines under the CrPC, directly relevant to comparing arrest and remand provisions under the BNSS.
Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801, Supreme Court of India: Clarified Section 65B of the Indian Evidence Act on electronic evidence, foundational to understanding the BSA reforms.
Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, Supreme Court of India: The seminal judgment on admissibility of electronic records under the Indian Evidence Act, directly relevant to the BSA's updated electronic evidence framework.
National Crime Records Bureau, Prison Statistics India 2022, Ministry of Home Affairs, Government of India: Source for the statistic that undertrial prisoners comprise over 75 percent of India's prison population.
Law Commission of India, Report No. 277, November 2018, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies: Background context on criminal justice reform in India.
Standing Committee on Home Affairs, Report on the Bharatiya Nyaya Sanhita Bill 2023, Rajya Sabha Secretariat, New Delhi, 2023.
Press Information Bureau, Government of India, Ministry of Home Affairs, Notification dated June 2024 on enforcement of new criminal laws with effect from July 1, 2024.
Disclaimer
This article is published by CLEAR LAW (clearlaw.online) strictly for educational and informational purposes only. It does not constitute legal advice, legal opinion, or any form of professional counsel, and must not be relied upon as a substitute for consultation with a qualified legal practitioner. Nothing contained herein shall be construed as creating a lawyer-client relationship between the reader and the author, publisher, or CLEAR LAW (clearlaw.online).
All views, interpretations, and conclusions expressed in this article are solely those of the author and represent independent academic analysis. CLEAR LAW (clearlaw.online) does not endorse, verify, or guarantee the accuracy, completeness, or reliability of the content, and expressly disclaims any responsibility for the same.
While reasonable efforts are made to ensure that the information presented is accurate and up to date, no warranties or representations, express or implied, are made regarding its correctness, adequacy, or applicability to any specific factual or legal situation. Laws, regulations, and judicial interpretations are subject to change, and the content may not reflect the most current legal developments.
To the fullest extent permitted by applicable law, CLEAR LAW (clearlaw.online), the author, editors, and publisher disclaim all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of, or reliance upon, this article.
Readers are strongly advised to seek independent legal advice from a qualified professional before making any decisions or taking any action based on the contents of this article. Reliance on any information provided in this article is strictly at the reader's own risk.
By accessing and using this article, the reader expressly agrees to the terms of this disclaimer.
► "The law that governs your liberty, your property, and your rights in a criminal proceeding has changed. Knowing what changed, and what it means for you, is the first step toward meaningful access to justice."
What Are the BNS, BNSS, and BSA — and What Replaced What?
India replaced its three foundational criminal laws on July 1, 2024. The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). All three bills were passed by Parliament in August 2023 and received Presidential assent the same month. This article explains what changed, what stayed the same, how the sections renumber, and what it means for citizens, accused persons, law students, and legal professionals across India.
The table below provides a quick reference to the three replacements.
Old Law
Year
Replaced By
Year
Sections
Indian Penal Code
1860
Bharatiya Nyaya Sanhita (BNS)
2023
511 → 358 sections
Code of Criminal Procedure
1973
Bharatiya Nagarik Suraksha Sanhita (BNSS)
2023
484 → 531 sections
Indian Evidence Act
1872
Bharatiya Sakshya Adhiniyam (BSA)
2023
167 → 170 sections
Why Did India Replace the IPC, CrPC, and Indian Evidence Act?
The IPC, CrPC, and Indian Evidence Act were all drafted during British colonial rule. The government's stated position, reflected in the Statement of Objects and Reasons for each of the three bills, was that these laws were designed primarily to protect colonial authority and administer punishment rather than to serve Indian citizens and deliver justice. The new laws were introduced with the stated aims of shifting focus from punishment to justice, speeding up trial processes, incorporating modern realities like digital evidence and organised crime, and giving the criminal law framework an Indian identity and orientation.
Critics, including several bar associations and legal scholars, argued that the substantive changes were less transformative than the renaming suggested, and that the bills passed under controversial circumstances after the suspension of a significant number of Opposition MPs, which meant they did not receive the parliamentary scrutiny that legislation of this consequence deserved.
Whether the reforms achieve their stated goals will be determined not in statute books but in courtrooms, police stations, and prisons across India in the years ahead.
BNS vs IPC: What Are the Key Differences in India's New Substantive Criminal Law?
The Bharatiya Nyaya Sanhita, 2023 is India's new substantive criminal law, defining offences and their punishments. It consolidates 511 IPC sections into 358 sections through merging, reorganisation, and deletion, while also introducing entirely new offences.
The table below sets out the most significant changes from the IPC to the BNS.
Area of Change
IPC Position
BNS Position
Significance
Sedition
Section 124A: sedition defined as exciting disaffection against the government
Section 152: offence of acts endangering sovereignty, unity and integrity of India
Critics say it is sedition repackaged with broader and vaguer scope; supporters say it is constitutionally sounder
Organised crime
No specific definition or dedicated provision
Section 111: organised crime defined; punishment includes life imprisonment and death for murder
Brings organised crime into the mainstream criminal code for the first time
Petty organised crime
Not specifically defined
Section 112: covers mobile snatching, chain theft, card skimming by groups
Addresses crimes that disproportionately affect ordinary citizens in urban areas
Terrorist acts
Covered primarily through special legislation like UAPA
Section 113: terrorist acts defined within the mainstream criminal code
Significant expansion of the BNS's scope into counterterrorism
Community service
Not available as a punishment under IPC
Introduced as a punishment for minor offences
First time in India's criminal law history that a non-custodial reformative punishment is formally recognised
Hit and run
Section 304A: causing death by negligence punishable up to 2 years
Section 106(2): drivers who flee without reporting punishable up to 10 years
Caused nationwide protests by truck drivers in early 2024; government put implementation on hold
False promise of marriage
No specific provision; prosecuted inconsistently
Section 69: sexual intercourse by false promise of marriage or employment specifically criminalised
Addresses a category of cases courts previously handled without a dedicated provision
► Key Principle: The replacement of sedition under Section 124A IPC with Section 152 BNS is one of the most legally significant changes. The Supreme Court in Kedar Nath Singh v. State of Bihar AIR 1962 SC 955 had already read down Section 124A IPC significantly. Section 152 BNS has been criticised as potentially broader in scope than the provision it replaced.
Section-by-Section Comparison: IPC vs BNS for the Most Important Offences
Every section of the IPC has been renumbered in the BNS. This is practically significant because decades of case law, FIRs, legal documents, and court orders referenced IPC sections. The table below maps the most commonly referenced and searched offences across both statutes.
Offence
IPC Section
BNS Section
Murder
302
101
Culpable homicide not amounting to murder
304
105
Causing death by negligence / hit and run
304A
106
Rape
376
63
Sexual intercourse by false promise of marriage
No equivalent
69
Kidnapping
359
137
Theft
378
303
Cheating
420
316
Defamation
499
356
Organised crime
No equivalent
111
Terrorist acts
No equivalent (UAPA)
113
Sedition / Acts against sovereignty
124A
152
The renumbering of Section 420 IPC to Section 316 BNS is culturally significant: the number 420 had become synonymous with fraud and cheating in Indian popular culture, appearing in film titles, everyday speech, and decades of public memory. That cultural reference now belongs to a repealed statute.
BNSS vs CrPC: What Changed in How India's Criminal Law Is Administered?
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the entire process of criminal administration from the filing of an FIR to the pronouncement of a verdict. It is actually larger than the CrPC it replaced, expanding from 484 to 531 sections, reflecting the addition of significant new procedural provisions.
The table below sets out the most important procedural changes under the BNSS.
Procedural Area
CrPC Position
BNSS Position
Impact
Timeline for charge framing
No strict mandatory timeline
Must be done within 60 days of first hearing
Directly addresses case backlogs
Timeline for judgment delivery
No strict mandatory timeline
Within 45 days of conclusion of arguments
Significant reform for judicial efficiency
Zero FIR
Existed through Supreme Court directions only
Formally codified; must be transferred to appropriate station within 15 days
Gives statutory backing to a practice that was already happening
Trial in absentia
Not permitted under CrPC
Section 356: proclaimed offenders who abscond can be tried and convicted in their absence
Major procedural change with due process implications
Police remand
Total police custody limited to 15 days
Police custody can be sought in parts throughout entire period of judicial custody (60 to 90 days)
Most controversial provision; criticised by civil liberties groups as increasing risk of custodial abuse
Crime scene videography
No mandatory videography requirement
Mandatory for search and seizure operations
Intended to reduce evidence planting allegations
Forensic investigation
Not mandated
Mandatory for offences carrying 7 years imprisonment or more
Major push toward scientific investigation; raises infrastructure questions
Electronic summons
Not formally recognised
Formally recognised as valid service
Modernises a process that was still largely paper-based
The extension of police remand provisions deserves particular attention. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, extending the effective window to 60 or 90 days depending on the offence. This change has been criticised extensively by bar associations, civil liberties organisations, and legal scholars as significantly increasing the risk of custodial abuse in a country where the Supreme Court's guidelines from DK Basu v. State of West Bengal (1997) on preventing custodial violence are still not consistently followed.
► Key Principle: The trial in absentia provision under Section 356 BNSS represents a significant departure from the CrPC's requirement of the accused's presence at trial. While it targets proclaimed offenders and absconders, its constitutional implications under Article 21 and the principles of fair trial are yet to be fully tested judicially.
BSA vs Indian Evidence Act: How the Rules of Evidence Changed in India
The Bharatiya Sakshya Adhiniyam, 2023 is the least dramatically changed of the three new statutes. The core evidentiary principles from the Indian Evidence Act, including the burden of proof framework, relevancy of facts, hearsay rules, and witness examination procedures, have been substantially retained.
The most significant changes in the BSA relate to digital and electronic evidence, which had become a major practical bottleneck under the old Indian Evidence Act.
The table below sets out the key changes in the BSA.
Area
Indian Evidence Act Position
BSA Position
Significance
Electronic records
Addressed through Sections 65A and 65B but created significant practical difficulties; certificate requirements were burdensome
Streamlined and updated; electronic records including emails, messages, social media posts, and digital documents explicitly recognised with clearer admissibility procedure
Directly addresses the mess created by conflicting Supreme Court decisions on Section 65B certificates
Secondary electronic evidence
Procedurally burdensome; created bottlenecks in cybercrime and commercial cases
Procedural burden reduced; easier admissibility of secondary electronic evidence
Practically important for the increasing volume of digital evidence in modern litigation
Joint trials
Provisions existed but were less clearly defined
Clearer provisions for joint trials involving multiple accused
Improves management of complex multi-accused cases
Core evidentiary principles
Established through Indian Evidence Act
Retained with modernisation
Continuity ensures existing case law on burden of proof, relevancy, and witness examination remains applicable
The Supreme Court's decisions in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 and Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801 on the Section 65B certificate requirement for electronic records had created significant confusion in practice. The BSA's streamlined approach to electronic evidence is a direct response to these difficulties.
New Offences Under BNS That Had No Equivalent in the IPC
Several offences have been specifically defined in the BNS for the first time, addressing categories of conduct that the IPC either did not cover or addressed only through judicial interpretation of general provisions.
The table below sets out the new offences.
New Offence
BNS Section
Description
Organised crime
Section 111
Defines organised crime and prescribes punishment including life imprisonment and death for murders committed as part of organised crime
Petty organised crime
Section 112
Covers mobile snatching, chain theft, card skimming, and similar offences committed by organised groups
Terrorist acts
Section 113
Defines terrorist acts within the mainstream criminal code rather than only in special legislation
Sexual intercourse by false promise of marriage
Section 69
Specifically criminalises sexual intercourse obtained through false promise of marriage or employment
Hit and run with flight
Section 106(2)
Prescribes up to 10 years imprisonment for drivers who flee accident scenes without reporting to authorities
How Do the New Criminal Laws Affect Your Rights as an Accused Person?
The new laws introduce both expanded protections and significant concerns from a civil liberties perspective.
On the protective side, the BNSS mandates that an arrested person's family or chosen contact must be informed of the arrest immediately. Medical examination of arrested persons must be completed within 24 hours. The right to legal representation has been reinforced at multiple procedural stages. Zero FIR is now a statutory right rather than a Supreme Court-directed practice.
On the concerning side, the extension of police remand provisions significantly increases the window during which a person can be held in police custody. The trial in absentia provision, aimed at absconders, raises due process questions that courts will need to resolve. These concerns are particularly significant given that undertrial prisoners already comprise over 75 percent of India's prison population according to National Crime Records Bureau data, making any tightening of provisions that affects pre-trial detention a matter of serious constitutional consequence.
The table below summarises the key civil liberties implications of the new laws.
Provision
New Law
Concern Level
Key Issue
Mandatory family notification on arrest
BNSS
Positive reform
Strengthens existing right
Medical examination within 24 hours
BNSS
Positive reform
Provides accountability mechanism
Extended police remand
BNSS
High concern
Increases custodial abuse risk; conflicts with DK Basu framework
Trial in absentia
BNSS Section 356
Moderate concern
Due process implications under Article 21
Mandatory forensic investigation
BNSS
Implementation concern
Infrastructure shortages across states
Section 152 BNS on acts against sovereignty
BNS
High concern
Potentially broader than sedition it replaced
What Happens to Pending Cases and FIRs Filed Before July 1, 2024?
This is one of the most practically important questions for lawyers, law students, police officers, and citizens. The answer is governed by the savings clauses in the new statutes.
Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the old IPC, CrPC, and Indian Evidence Act. Only offences committed on or after July 1, 2024 are governed by the new BNS, BNSS, and BSA.
This means Indian courts are now running two parallel systems simultaneously. FIRs registered before July 1, 2024 reference IPC sections. FIRs registered after that date reference BNS sections. The same court may be dealing with a 2023 murder case under Section 302 IPC and a 2024 murder case under Section 101 BNS at the same time. This dual system will continue for years as old cases work their way through the system.
What Law Students Must Know About BNS, BNSS, and BSA for Exams, Judiciary, and Moots
The shift to the new statutes is one of the most significant academic changes for Indian law students in recent memory. CLAT, judiciary exams, AIBE, and university examinations are already incorporating questions on the new laws.
The table below identifies the priority areas for law students.
Examination Context
Priority Areas
CLAT and law school entrance
Understanding what each new statute governs; key differences from predecessor
Judiciary and civil services exams
Renumbered sections for all major offences; new offences under BNS; new procedural timelines under BNSS
Criminal law assessments
Constitutional implications of extended police remand; trial in absentia and Article 21; Section 152 BNS and freedom of expression
Moot court problems
The dual system for pre and post July 1, 2024 offences is a rich moot scenario; new digital evidence provisions under BSA
Research papers
The transition period itself; comparative analysis of IPC versus BNS on sedition, organised crime, and community service
► Key Principle: For any examination or moot problem, always determine first whether the offence was committed before or after July 1, 2024. This single threshold determines which entire statutory framework applies. Getting this wrong voids the entire legal analysis that follows.
Criticism and Controversy: Why the New Criminal Laws Remain Contested
The passage of the three bills in August 2023 was procedurally controversial. The bills were passed after the suspension of a significant number of Opposition MPs, which critics argued meant they did not receive adequate parliamentary scrutiny or engagement with the Standing Committee's recommendations.
Substantively, legal scholars have argued that the new laws retain many colonial-era power structures despite their Indian names. The extension of police remand, the broadly worded replacement for sedition under Section 152 BNS, and the trial in absentia provision have each been described by different critics as potential tools for expanding state power over individuals rather than limiting it.
Supporters of the new laws, including the government, argue that the reforms genuinely modernise the criminal justice system, reduce delays through mandatory timelines, bring scientific investigation standards into the mainstream through forensic mandates, and create a legal framework that reflects India's own values rather than colonial priorities.
Both sets of arguments have merit. The new laws contain genuine reforms and genuine concerns. Their ultimate character will be determined by how they are implemented, interpreted, and challenged in courts across India.
Conclusion: India's New Criminal Laws Are Now in Force — Understanding Them Is No Longer Optional
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam together represent the most comprehensive overhaul of India's criminal justice framework since independence. Whether they achieve their stated aims of faster justice, scientific investigation, and citizen-centric law will depend entirely on implementation, judicial interpretation, and the willingness of all institutions, police, prosecutors, courts, and prisons, to operate within their spirit rather than just their letter.
The most visible changes are the renaming and renumbering. The deeper question, whether the balance of power between the state and the individual has shifted in a direction that is just and constitutionally sound, will be answered not in government notifications but in the millions of individual interactions between citizens and the criminal justice system that will unfold under these new laws in the years ahead.
For every citizen, every law student, and every legal professional in India: the law governing your liberty has changed. Know what changed.
Frequently Asked Questions (FAQs) on BNS, BNSS, BSA, IPC, CrPC, and Indian Evidence Act
1. What are the BNS, BNSS, and BSA and when did they come into force? The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are India's three new criminal laws that replaced the IPC, CrPC, and Indian Evidence Act respectively. All three came into force on July 1, 2024.
2. What is Section 420 IPC under the new BNS? The offence of cheating, previously under Section 420 IPC, is now governed by Section 316 of the BNS. The number 420 has passed into history, though decades of cultural associations with it will likely persist.
3. What happened to sedition under the new criminal laws? Sedition under Section 124A IPC has not been directly retained. Instead, Section 152 BNS introduces the offence of acts endangering the sovereignty, unity, and integrity of India. Legal scholars are divided on whether this represents a narrowing or broadening of the earlier provision.
4. Can police now hold a person in custody for more than 15 days under the new law? Yes. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, which can extend to 60 or 90 days depending on the offence. This is one of the most controversial changes in the new laws.
5. What happens to a case where the offence was committed in 2023 but the trial is happening in 2025? The old laws apply. Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the IPC, CrPC, and Indian Evidence Act through the savings clauses in the new statutes.
6. What is trial in absentia under the BNSS? Section 356 BNSS allows a person who is a proclaimed offender and has been absconding to be tried and convicted in their absence. This was not permissible under the CrPC and has significant due process implications under Article 21 of the Constitution.
7. What are the changes to electronic evidence under the BSA? The BSA streamlines and updates the Indian Evidence Act's provisions on electronic evidence, explicitly recognising emails, messages, social media posts, and digital documents, and simplifying the admissibility procedure that had become a bottleneck under the old Section 65B framework.
8. What is community service under the BNS and which offences attract it? Community service is a new form of punishment introduced for minor offences under the BNS, marking the first time India's criminal law has formally recognised a non-custodial, reformative punishment. The specific offences attracting community service are enumerated in the relevant provisions of the BNS.
Key Takeaways
The BNS, BNSS, and BSA replaced the IPC, CrPC, and Indian Evidence Act respectively and came into force on July 1, 2024, representing the most comprehensive overhaul of India's criminal law since independence.
Offences committed before July 1, 2024 continue to be governed by the old laws through savings clauses, meaning courts are now operating two parallel systems simultaneously.
Every IPC section has been renumbered in the BNS: murder moves from Section 302 to Section 101, rape from Section 376 to Section 63, and cheating from Section 420 to Section 316.
The BNS introduces for the first time defined offences of organised crime under Section 111, terrorist acts under Section 113, and sexual intercourse by false promise of marriage under Section 69.
Community service is introduced as a punishment for minor offences under the BNS, marking the first formal recognition of a non-custodial reformative punishment in India's criminal law history.
The BNSS extends police remand from a total cap of 15 days under the CrPC to the possibility of custody in parts throughout 60 to 90 days of judicial custody, drawing significant criticism from civil liberties groups.
The BNSS mandates mandatory timelines for charge framing (60 days from first hearing) and judgment delivery (45 days from conclusion of arguments), directly addressing chronic case backlogs.
Trial in absentia under Section 356 BNSS allows proclaimed offenders to be tried in their absence, a significant procedural change with unresolved constitutional implications under Article 21.
The BSA streamlines electronic evidence admissibility, addressing the practical difficulties created by conflicting Supreme Court interpretations of Section 65B of the Indian Evidence Act.
The replacement of Section 124A IPC (sedition) with Section 152 BNS (acts endangering sovereignty) is one of the most legally significant and contested changes in the new criminal law framework.
References
Bharatiya Nyaya Sanhita, 2023, Act No. 45 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Sakshya Adhiniyam, 2023, Act No. 47 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
The Indian Penal Code, 1860, Act No. 45 of 1860, as it stood prior to repeal on July 1, 2024.
The Code of Criminal Procedure, 1973, Act No. 2 of 1974, as it stood prior to repeal on July 1, 2024.
The Indian Evidence Act, 1872, Act No. 1 of 1872, as it stood prior to repeal on July 1, 2024.
Statement of Objects and Reasons, Bharatiya Nyaya Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Sakshya Adhiniyam Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Parliamentary Debates, Lok Sabha, August 2023, Discussion on the three Criminal Law Reform Bills.
Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, Supreme Court of India: The foundational judgment on the constitutionality of sedition under Section 124A IPC, relevant to understanding its replacement under Section 152 BNS.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India: The landmark judgment on arrest guidelines under the CrPC, directly relevant to comparing arrest and remand provisions under the BNSS.
Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801, Supreme Court of India: Clarified Section 65B of the Indian Evidence Act on electronic evidence, foundational to understanding the BSA reforms.
Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, Supreme Court of India: The seminal judgment on admissibility of electronic records under the Indian Evidence Act, directly relevant to the BSA's updated electronic evidence framework.
National Crime Records Bureau, Prison Statistics India 2022, Ministry of Home Affairs, Government of India: Source for the statistic that undertrial prisoners comprise over 75 percent of India's prison population.
Law Commission of India, Report No. 277, November 2018, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies: Background context on criminal justice reform in India.
Standing Committee on Home Affairs, Report on the Bharatiya Nyaya Sanhita Bill 2023, Rajya Sabha Secretariat, New Delhi, 2023.
Press Information Bureau, Government of India, Ministry of Home Affairs, Notification dated June 2024 on enforcement of new criminal laws with effect from July 1, 2024.
Disclaimer
This article is published by CLEAR LAW (clearlaw.online) strictly for educational and informational purposes only. It does not constitute legal advice, legal opinion, or any form of professional counsel, and must not be relied upon as a substitute for consultation with a qualified legal practitioner. Nothing contained herein shall be construed as creating a lawyer-client relationship between the reader and the author, publisher, or CLEAR LAW (clearlaw.online).
All views, interpretations, and conclusions expressed in this article are solely those of the author and represent independent academic analysis. CLEAR LAW (clearlaw.online) does not endorse, verify, or guarantee the accuracy, completeness, or reliability of the content, and expressly disclaims any responsibility for the same.
While reasonable efforts are made to ensure that the information presented is accurate and up to date, no warranties or representations, express or implied, are made regarding its correctness, adequacy, or applicability to any specific factual or legal situation. Laws, regulations, and judicial interpretations are subject to change, and the content may not reflect the most current legal developments.
To the fullest extent permitted by applicable law, CLEAR LAW (clearlaw.online), the author, editors, and publisher disclaim all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of, or reliance upon, this article.
Readers are strongly advised to seek independent legal advice from a qualified professional before making any decisions or taking any action based on the contents of this article. Reliance on any information provided in this article is strictly at the reader's own risk.
By accessing and using this article, the reader expressly agrees to the terms of this disclaimer.
► "The law that governs your liberty, your property, and your rights in a criminal proceeding has changed. Knowing what changed, and what it means for you, is the first step toward meaningful access to justice."
What Are the BNS, BNSS, and BSA — and What Replaced What?
India replaced its three foundational criminal laws on July 1, 2024. The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). All three bills were passed by Parliament in August 2023 and received Presidential assent the same month. This article explains what changed, what stayed the same, how the sections renumber, and what it means for citizens, accused persons, law students, and legal professionals across India.
The table below provides a quick reference to the three replacements.
Old Law
Year
Replaced By
Year
Sections
Indian Penal Code
1860
Bharatiya Nyaya Sanhita (BNS)
2023
511 → 358 sections
Code of Criminal Procedure
1973
Bharatiya Nagarik Suraksha Sanhita (BNSS)
2023
484 → 531 sections
Indian Evidence Act
1872
Bharatiya Sakshya Adhiniyam (BSA)
2023
167 → 170 sections
Why Did India Replace the IPC, CrPC, and Indian Evidence Act?
The IPC, CrPC, and Indian Evidence Act were all drafted during British colonial rule. The government's stated position, reflected in the Statement of Objects and Reasons for each of the three bills, was that these laws were designed primarily to protect colonial authority and administer punishment rather than to serve Indian citizens and deliver justice. The new laws were introduced with the stated aims of shifting focus from punishment to justice, speeding up trial processes, incorporating modern realities like digital evidence and organised crime, and giving the criminal law framework an Indian identity and orientation.
Critics, including several bar associations and legal scholars, argued that the substantive changes were less transformative than the renaming suggested, and that the bills passed under controversial circumstances after the suspension of a significant number of Opposition MPs, which meant they did not receive the parliamentary scrutiny that legislation of this consequence deserved.
Whether the reforms achieve their stated goals will be determined not in statute books but in courtrooms, police stations, and prisons across India in the years ahead.
BNS vs IPC: What Are the Key Differences in India's New Substantive Criminal Law?
The Bharatiya Nyaya Sanhita, 2023 is India's new substantive criminal law, defining offences and their punishments. It consolidates 511 IPC sections into 358 sections through merging, reorganisation, and deletion, while also introducing entirely new offences.
The table below sets out the most significant changes from the IPC to the BNS.
Area of Change
IPC Position
BNS Position
Significance
Sedition
Section 124A: sedition defined as exciting disaffection against the government
Section 152: offence of acts endangering sovereignty, unity and integrity of India
Critics say it is sedition repackaged with broader and vaguer scope; supporters say it is constitutionally sounder
Organised crime
No specific definition or dedicated provision
Section 111: organised crime defined; punishment includes life imprisonment and death for murder
Brings organised crime into the mainstream criminal code for the first time
Petty organised crime
Not specifically defined
Section 112: covers mobile snatching, chain theft, card skimming by groups
Addresses crimes that disproportionately affect ordinary citizens in urban areas
Terrorist acts
Covered primarily through special legislation like UAPA
Section 113: terrorist acts defined within the mainstream criminal code
Significant expansion of the BNS's scope into counterterrorism
Community service
Not available as a punishment under IPC
Introduced as a punishment for minor offences
First time in India's criminal law history that a non-custodial reformative punishment is formally recognised
Hit and run
Section 304A: causing death by negligence punishable up to 2 years
Section 106(2): drivers who flee without reporting punishable up to 10 years
Caused nationwide protests by truck drivers in early 2024; government put implementation on hold
False promise of marriage
No specific provision; prosecuted inconsistently
Section 69: sexual intercourse by false promise of marriage or employment specifically criminalised
Addresses a category of cases courts previously handled without a dedicated provision
► Key Principle: The replacement of sedition under Section 124A IPC with Section 152 BNS is one of the most legally significant changes. The Supreme Court in Kedar Nath Singh v. State of Bihar AIR 1962 SC 955 had already read down Section 124A IPC significantly. Section 152 BNS has been criticised as potentially broader in scope than the provision it replaced.
Section-by-Section Comparison: IPC vs BNS for the Most Important Offences
Every section of the IPC has been renumbered in the BNS. This is practically significant because decades of case law, FIRs, legal documents, and court orders referenced IPC sections. The table below maps the most commonly referenced and searched offences across both statutes.
Offence
IPC Section
BNS Section
Murder
302
101
Culpable homicide not amounting to murder
304
105
Causing death by negligence / hit and run
304A
106
Rape
376
63
Sexual intercourse by false promise of marriage
No equivalent
69
Kidnapping
359
137
Theft
378
303
Cheating
420
316
Defamation
499
356
Organised crime
No equivalent
111
Terrorist acts
No equivalent (UAPA)
113
Sedition / Acts against sovereignty
124A
152
The renumbering of Section 420 IPC to Section 316 BNS is culturally significant: the number 420 had become synonymous with fraud and cheating in Indian popular culture, appearing in film titles, everyday speech, and decades of public memory. That cultural reference now belongs to a repealed statute.
BNSS vs CrPC: What Changed in How India's Criminal Law Is Administered?
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the entire process of criminal administration from the filing of an FIR to the pronouncement of a verdict. It is actually larger than the CrPC it replaced, expanding from 484 to 531 sections, reflecting the addition of significant new procedural provisions.
The table below sets out the most important procedural changes under the BNSS.
Procedural Area
CrPC Position
BNSS Position
Impact
Timeline for charge framing
No strict mandatory timeline
Must be done within 60 days of first hearing
Directly addresses case backlogs
Timeline for judgment delivery
No strict mandatory timeline
Within 45 days of conclusion of arguments
Significant reform for judicial efficiency
Zero FIR
Existed through Supreme Court directions only
Formally codified; must be transferred to appropriate station within 15 days
Gives statutory backing to a practice that was already happening
Trial in absentia
Not permitted under CrPC
Section 356: proclaimed offenders who abscond can be tried and convicted in their absence
Major procedural change with due process implications
Police remand
Total police custody limited to 15 days
Police custody can be sought in parts throughout entire period of judicial custody (60 to 90 days)
Most controversial provision; criticised by civil liberties groups as increasing risk of custodial abuse
Crime scene videography
No mandatory videography requirement
Mandatory for search and seizure operations
Intended to reduce evidence planting allegations
Forensic investigation
Not mandated
Mandatory for offences carrying 7 years imprisonment or more
Major push toward scientific investigation; raises infrastructure questions
Electronic summons
Not formally recognised
Formally recognised as valid service
Modernises a process that was still largely paper-based
The extension of police remand provisions deserves particular attention. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, extending the effective window to 60 or 90 days depending on the offence. This change has been criticised extensively by bar associations, civil liberties organisations, and legal scholars as significantly increasing the risk of custodial abuse in a country where the Supreme Court's guidelines from DK Basu v. State of West Bengal (1997) on preventing custodial violence are still not consistently followed.
► Key Principle: The trial in absentia provision under Section 356 BNSS represents a significant departure from the CrPC's requirement of the accused's presence at trial. While it targets proclaimed offenders and absconders, its constitutional implications under Article 21 and the principles of fair trial are yet to be fully tested judicially.
BSA vs Indian Evidence Act: How the Rules of Evidence Changed in India
The Bharatiya Sakshya Adhiniyam, 2023 is the least dramatically changed of the three new statutes. The core evidentiary principles from the Indian Evidence Act, including the burden of proof framework, relevancy of facts, hearsay rules, and witness examination procedures, have been substantially retained.
The most significant changes in the BSA relate to digital and electronic evidence, which had become a major practical bottleneck under the old Indian Evidence Act.
The table below sets out the key changes in the BSA.
Area
Indian Evidence Act Position
BSA Position
Significance
Electronic records
Addressed through Sections 65A and 65B but created significant practical difficulties; certificate requirements were burdensome
Streamlined and updated; electronic records including emails, messages, social media posts, and digital documents explicitly recognised with clearer admissibility procedure
Directly addresses the mess created by conflicting Supreme Court decisions on Section 65B certificates
Secondary electronic evidence
Procedurally burdensome; created bottlenecks in cybercrime and commercial cases
Procedural burden reduced; easier admissibility of secondary electronic evidence
Practically important for the increasing volume of digital evidence in modern litigation
Joint trials
Provisions existed but were less clearly defined
Clearer provisions for joint trials involving multiple accused
Improves management of complex multi-accused cases
Core evidentiary principles
Established through Indian Evidence Act
Retained with modernisation
Continuity ensures existing case law on burden of proof, relevancy, and witness examination remains applicable
The Supreme Court's decisions in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 and Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801 on the Section 65B certificate requirement for electronic records had created significant confusion in practice. The BSA's streamlined approach to electronic evidence is a direct response to these difficulties.
New Offences Under BNS That Had No Equivalent in the IPC
Several offences have been specifically defined in the BNS for the first time, addressing categories of conduct that the IPC either did not cover or addressed only through judicial interpretation of general provisions.
The table below sets out the new offences.
New Offence
BNS Section
Description
Organised crime
Section 111
Defines organised crime and prescribes punishment including life imprisonment and death for murders committed as part of organised crime
Petty organised crime
Section 112
Covers mobile snatching, chain theft, card skimming, and similar offences committed by organised groups
Terrorist acts
Section 113
Defines terrorist acts within the mainstream criminal code rather than only in special legislation
Sexual intercourse by false promise of marriage
Section 69
Specifically criminalises sexual intercourse obtained through false promise of marriage or employment
Hit and run with flight
Section 106(2)
Prescribes up to 10 years imprisonment for drivers who flee accident scenes without reporting to authorities
How Do the New Criminal Laws Affect Your Rights as an Accused Person?
The new laws introduce both expanded protections and significant concerns from a civil liberties perspective.
On the protective side, the BNSS mandates that an arrested person's family or chosen contact must be informed of the arrest immediately. Medical examination of arrested persons must be completed within 24 hours. The right to legal representation has been reinforced at multiple procedural stages. Zero FIR is now a statutory right rather than a Supreme Court-directed practice.
On the concerning side, the extension of police remand provisions significantly increases the window during which a person can be held in police custody. The trial in absentia provision, aimed at absconders, raises due process questions that courts will need to resolve. These concerns are particularly significant given that undertrial prisoners already comprise over 75 percent of India's prison population according to National Crime Records Bureau data, making any tightening of provisions that affects pre-trial detention a matter of serious constitutional consequence.
The table below summarises the key civil liberties implications of the new laws.
Provision
New Law
Concern Level
Key Issue
Mandatory family notification on arrest
BNSS
Positive reform
Strengthens existing right
Medical examination within 24 hours
BNSS
Positive reform
Provides accountability mechanism
Extended police remand
BNSS
High concern
Increases custodial abuse risk; conflicts with DK Basu framework
Trial in absentia
BNSS Section 356
Moderate concern
Due process implications under Article 21
Mandatory forensic investigation
BNSS
Implementation concern
Infrastructure shortages across states
Section 152 BNS on acts against sovereignty
BNS
High concern
Potentially broader than sedition it replaced
What Happens to Pending Cases and FIRs Filed Before July 1, 2024?
This is one of the most practically important questions for lawyers, law students, police officers, and citizens. The answer is governed by the savings clauses in the new statutes.
Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the old IPC, CrPC, and Indian Evidence Act. Only offences committed on or after July 1, 2024 are governed by the new BNS, BNSS, and BSA.
This means Indian courts are now running two parallel systems simultaneously. FIRs registered before July 1, 2024 reference IPC sections. FIRs registered after that date reference BNS sections. The same court may be dealing with a 2023 murder case under Section 302 IPC and a 2024 murder case under Section 101 BNS at the same time. This dual system will continue for years as old cases work their way through the system.
What Law Students Must Know About BNS, BNSS, and BSA for Exams, Judiciary, and Moots
The shift to the new statutes is one of the most significant academic changes for Indian law students in recent memory. CLAT, judiciary exams, AIBE, and university examinations are already incorporating questions on the new laws.
The table below identifies the priority areas for law students.
Examination Context
Priority Areas
CLAT and law school entrance
Understanding what each new statute governs; key differences from predecessor
Judiciary and civil services exams
Renumbered sections for all major offences; new offences under BNS; new procedural timelines under BNSS
Criminal law assessments
Constitutional implications of extended police remand; trial in absentia and Article 21; Section 152 BNS and freedom of expression
Moot court problems
The dual system for pre and post July 1, 2024 offences is a rich moot scenario; new digital evidence provisions under BSA
Research papers
The transition period itself; comparative analysis of IPC versus BNS on sedition, organised crime, and community service
► Key Principle: For any examination or moot problem, always determine first whether the offence was committed before or after July 1, 2024. This single threshold determines which entire statutory framework applies. Getting this wrong voids the entire legal analysis that follows.
Criticism and Controversy: Why the New Criminal Laws Remain Contested
The passage of the three bills in August 2023 was procedurally controversial. The bills were passed after the suspension of a significant number of Opposition MPs, which critics argued meant they did not receive adequate parliamentary scrutiny or engagement with the Standing Committee's recommendations.
Substantively, legal scholars have argued that the new laws retain many colonial-era power structures despite their Indian names. The extension of police remand, the broadly worded replacement for sedition under Section 152 BNS, and the trial in absentia provision have each been described by different critics as potential tools for expanding state power over individuals rather than limiting it.
Supporters of the new laws, including the government, argue that the reforms genuinely modernise the criminal justice system, reduce delays through mandatory timelines, bring scientific investigation standards into the mainstream through forensic mandates, and create a legal framework that reflects India's own values rather than colonial priorities.
Both sets of arguments have merit. The new laws contain genuine reforms and genuine concerns. Their ultimate character will be determined by how they are implemented, interpreted, and challenged in courts across India.
Conclusion: India's New Criminal Laws Are Now in Force — Understanding Them Is No Longer Optional
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam together represent the most comprehensive overhaul of India's criminal justice framework since independence. Whether they achieve their stated aims of faster justice, scientific investigation, and citizen-centric law will depend entirely on implementation, judicial interpretation, and the willingness of all institutions, police, prosecutors, courts, and prisons, to operate within their spirit rather than just their letter.
The most visible changes are the renaming and renumbering. The deeper question, whether the balance of power between the state and the individual has shifted in a direction that is just and constitutionally sound, will be answered not in government notifications but in the millions of individual interactions between citizens and the criminal justice system that will unfold under these new laws in the years ahead.
For every citizen, every law student, and every legal professional in India: the law governing your liberty has changed. Know what changed.
Frequently Asked Questions (FAQs) on BNS, BNSS, BSA, IPC, CrPC, and Indian Evidence Act
1. What are the BNS, BNSS, and BSA and when did they come into force? The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are India's three new criminal laws that replaced the IPC, CrPC, and Indian Evidence Act respectively. All three came into force on July 1, 2024.
2. What is Section 420 IPC under the new BNS? The offence of cheating, previously under Section 420 IPC, is now governed by Section 316 of the BNS. The number 420 has passed into history, though decades of cultural associations with it will likely persist.
3. What happened to sedition under the new criminal laws? Sedition under Section 124A IPC has not been directly retained. Instead, Section 152 BNS introduces the offence of acts endangering the sovereignty, unity, and integrity of India. Legal scholars are divided on whether this represents a narrowing or broadening of the earlier provision.
4. Can police now hold a person in custody for more than 15 days under the new law? Yes. Under the CrPC, total police custody was capped at 15 days. Under the BNSS, police custody can be sought in parts throughout the entire period of judicial custody, which can extend to 60 or 90 days depending on the offence. This is one of the most controversial changes in the new laws.
5. What happens to a case where the offence was committed in 2023 but the trial is happening in 2025? The old laws apply. Offences committed before July 1, 2024 continue to be investigated, tried, and punished under the IPC, CrPC, and Indian Evidence Act through the savings clauses in the new statutes.
6. What is trial in absentia under the BNSS? Section 356 BNSS allows a person who is a proclaimed offender and has been absconding to be tried and convicted in their absence. This was not permissible under the CrPC and has significant due process implications under Article 21 of the Constitution.
7. What are the changes to electronic evidence under the BSA? The BSA streamlines and updates the Indian Evidence Act's provisions on electronic evidence, explicitly recognising emails, messages, social media posts, and digital documents, and simplifying the admissibility procedure that had become a bottleneck under the old Section 65B framework.
8. What is community service under the BNS and which offences attract it? Community service is a new form of punishment introduced for minor offences under the BNS, marking the first time India's criminal law has formally recognised a non-custodial, reformative punishment. The specific offences attracting community service are enumerated in the relevant provisions of the BNS.
Key Takeaways
The BNS, BNSS, and BSA replaced the IPC, CrPC, and Indian Evidence Act respectively and came into force on July 1, 2024, representing the most comprehensive overhaul of India's criminal law since independence.
Offences committed before July 1, 2024 continue to be governed by the old laws through savings clauses, meaning courts are now operating two parallel systems simultaneously.
Every IPC section has been renumbered in the BNS: murder moves from Section 302 to Section 101, rape from Section 376 to Section 63, and cheating from Section 420 to Section 316.
The BNS introduces for the first time defined offences of organised crime under Section 111, terrorist acts under Section 113, and sexual intercourse by false promise of marriage under Section 69.
Community service is introduced as a punishment for minor offences under the BNS, marking the first formal recognition of a non-custodial reformative punishment in India's criminal law history.
The BNSS extends police remand from a total cap of 15 days under the CrPC to the possibility of custody in parts throughout 60 to 90 days of judicial custody, drawing significant criticism from civil liberties groups.
The BNSS mandates mandatory timelines for charge framing (60 days from first hearing) and judgment delivery (45 days from conclusion of arguments), directly addressing chronic case backlogs.
Trial in absentia under Section 356 BNSS allows proclaimed offenders to be tried in their absence, a significant procedural change with unresolved constitutional implications under Article 21.
The BSA streamlines electronic evidence admissibility, addressing the practical difficulties created by conflicting Supreme Court interpretations of Section 65B of the Indian Evidence Act.
The replacement of Section 124A IPC (sedition) with Section 152 BNS (acts endangering sovereignty) is one of the most legally significant and contested changes in the new criminal law framework.
References
Bharatiya Nyaya Sanhita, 2023, Act No. 45 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
Bharatiya Sakshya Adhiniyam, 2023, Act No. 47 of 2023, Ministry of Law and Justice, Government of India, published in the Gazette of India Extraordinary, Part II, Section 1, dated 25 December 2023.
The Indian Penal Code, 1860, Act No. 45 of 1860, as it stood prior to repeal on July 1, 2024.
The Code of Criminal Procedure, 1973, Act No. 2 of 1974, as it stood prior to repeal on July 1, 2024.
The Indian Evidence Act, 1872, Act No. 1 of 1872, as it stood prior to repeal on July 1, 2024.
Statement of Objects and Reasons, Bharatiya Nyaya Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Statement of Objects and Reasons, Bharatiya Sakshya Adhiniyam Bill, 2023, as introduced in Lok Sabha on August 11, 2023.
Parliamentary Debates, Lok Sabha, August 2023, Discussion on the three Criminal Law Reform Bills.
Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, Supreme Court of India: The foundational judgment on the constitutionality of sedition under Section 124A IPC, relevant to understanding its replacement under Section 152 BNS.
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, Supreme Court of India: The landmark judgment on arrest guidelines under the CrPC, directly relevant to comparing arrest and remand provisions under the BNSS.
Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801, Supreme Court of India: Clarified Section 65B of the Indian Evidence Act on electronic evidence, foundational to understanding the BSA reforms.
Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, Supreme Court of India: The seminal judgment on admissibility of electronic records under the Indian Evidence Act, directly relevant to the BSA's updated electronic evidence framework.
National Crime Records Bureau, Prison Statistics India 2022, Ministry of Home Affairs, Government of India: Source for the statistic that undertrial prisoners comprise over 75 percent of India's prison population.
Law Commission of India, Report No. 277, November 2018, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies: Background context on criminal justice reform in India.
Standing Committee on Home Affairs, Report on the Bharatiya Nyaya Sanhita Bill 2023, Rajya Sabha Secretariat, New Delhi, 2023.
Press Information Bureau, Government of India, Ministry of Home Affairs, Notification dated June 2024 on enforcement of new criminal laws with effect from July 1, 2024.
Disclaimer
This article is published by CLEAR LAW (clearlaw.online) strictly for educational and informational purposes only. It does not constitute legal advice, legal opinion, or any form of professional counsel, and must not be relied upon as a substitute for consultation with a qualified legal practitioner. Nothing contained herein shall be construed as creating a lawyer-client relationship between the reader and the author, publisher, or CLEAR LAW (clearlaw.online).
All views, interpretations, and conclusions expressed in this article are solely those of the author and represent independent academic analysis. CLEAR LAW (clearlaw.online) does not endorse, verify, or guarantee the accuracy, completeness, or reliability of the content, and expressly disclaims any responsibility for the same.
While reasonable efforts are made to ensure that the information presented is accurate and up to date, no warranties or representations, express or implied, are made regarding its correctness, adequacy, or applicability to any specific factual or legal situation. Laws, regulations, and judicial interpretations are subject to change, and the content may not reflect the most current legal developments.
To the fullest extent permitted by applicable law, CLEAR LAW (clearlaw.online), the author, editors, and publisher disclaim all liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of, or reliance upon, this article.
Readers are strongly advised to seek independent legal advice from a qualified professional before making any decisions or taking any action based on the contents of this article. Reliance on any information provided in this article is strictly at the reader's own risk.
By accessing and using this article, the reader expressly agrees to the terms of this disclaimer.