On 1 July 2024, three new criminal laws came into force across India:
| New law | Replaced |
|---|---|
| Bharatiya Nyaya Sanhita, 2023 (BNS) | Indian Penal Code, 1860 (IPC) |
| Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) | Code of Criminal Procedure, 1973 (CrPC) |
| Bharatiya Sakshya Adhiniyam, 2023 (BSA) | Indian Evidence Act, 1872 |
Which law applies to my case?
As a general rule, the substantive offence and punishment are determined by the law in force on the date the offence was committed. An offence committed before 1 July 2024 continues to be governed by the IPC, even if the FIR is registered later. The procedural position is governed by the saving provision in Section 531(2) BNSS: any appeal, application, trial, inquiry or investigation pending immediately before 1 July 2024 is to be disposed of under the CrPC, while new proceedings are generally conducted under the BNSS. Courts have been interpreting these transitional provisions case by case.
Some commonly searched section changes
| Subject | BNS / BNSS / BSA | Earlier IPC / CrPC / Evidence Act |
|---|---|---|
| Cheating and inducing delivery of property | Section 318(4) BNS | Section 420 IPC |
| Criminal breach of trust (punishment) | Section 316(2) BNS | Section 406 IPC |
| Criminal conspiracy | Section 61 BNS | Section 120B IPC |
| Anticipatory bail | Section 482 BNSS | Section 438 CrPC |
| Bail by High Court / Sessions Court | Section 483 BNSS | Section 439 CrPC |
| Inherent powers of the High Court | Section 528 BNSS | Section 482 CrPC |
| Notice of appearance before police | Section 35(3) BNSS | Section 41A CrPC |
| Certificate for electronic records | Section 63 BSA | Section 65B Evidence Act |
Notable procedural features of the BNSS
- Zero FIR and e-FIR: Section 173 BNSS allows information about a cognizable offence to be given irrespective of the area where the offence was committed, and permits information to be given by electronic communication, subject to signature within three days.
- Preliminary enquiry: for cognizable offences punishable with imprisonment of three years or more but less than seven years, the officer in charge of the police station may, with prior permission of a senior officer, conduct a preliminary enquiry before proceeding.
- Magistrate-ordered investigation: an application under Section 175(3) BNSS (formerly Section 156(3) CrPC) must be supported by an affidavit and by a copy of the application first made to the Superintendent of Police under Section 173(4).
- Undertrial detention: Section 479 BNSS reduces the period after which a first-time offender is to be released to one-third of the maximum sentence.
A note on the Negotiable Instruments Act
Special statutes such as the Negotiable Instruments Act, 1881 were not replaced. Cheque bounce cases under Section 138 continue under that Act, with the BNSS applying to procedure where the NI Act is silent. See cheque bounce cases in Delhi.
This article is general information about the law as understood at the time of writing and is not legal advice.