On 1 July 2024, three laws that had governed Indian criminal justice for over 150 years were replaced. The Indian Penal Code, 1860 — a colonial inheritance that had, with amendments, served as the backbone of criminal law in this country since before Independence — gave way to the Bharatiya Nyaya Sanhita, 2023. The Code of Criminal Procedure, 1973 was succeeded by the Bharatiya Nagarik Suraksha Sanhita, 2023. And the Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023.
The transition has created genuine confusion. I receive questions about it regularly from clients, from junior colleagues, and from people who simply want to understand what law applies to their case. This article is an attempt to provide clarity.
What Stayed the Same
More than people realise. The substantive content of most offences has been preserved, even where the section numbers have changed entirely. Murder, robbery, theft, cheating, criminal breach of trust — the definitions are substantially unchanged. The new laws are not a wholesale reimagining of criminal jurisprudence. They are, in significant measure, a reorganisation and renumbering of existing law, with additions and modifications at the margins. Decades of judicial precedent on the elements of each offence remain applicable. The Supreme Court has made clear that judgments under the IPC continue to govern the interpretation of corresponding provisions in the BNS.
The Section Number Problem
The most immediate practical difficulty is that section numbers have changed completely, and the old and new numbers bear no systematic relationship to each other. A practitioner who spent years referring to Section 302 IPC (murder), Section 420 (cheating), Section 498A (matrimonial cruelty), or Section 376 (rape) must now work with an entirely new set of references. For persons with pending cases or those involved in recent incidents, this creates confusion about which law applies.
The rule is straightforward: FIRs registered before 1 July 2024 continue to be investigated, tried, and decided under the old IPC and CrPC — even if the trial is still ongoing today. FIRs registered on or after 1 July 2024 proceed under the new laws. The new laws do not apply retrospectively to pending matters.
A reference table of the most commonly cited section numbers is provided below.
What Changed Substantively in the BNS
Several changes are genuinely significant. Sedition — Section 124A IPC — has been removed as a standalone offence. In its place, Section 152 BNS creates an offence of "acts endangering sovereignty, unity and integrity of India," which critics argue covers much the same ground, but the explicit label of "sedition" has been discarded.
Organised crime has been added as a specific offence under Section 111 BNS, as has terrorism under Section 113 BNS — both were previously dealt with under special statutes like MCOCA and UAPA, but their inclusion in the general criminal code is new. Community service has been introduced as a punishment for certain minor offences — a departure from India's traditional binary of imprisonment and fine. Section 106(2) BNS creates a specific offence for hit-and-run deaths where the driver flees without reporting, carrying imprisonment of up to ten years.
What Changed Procedurally in the BNSS
The procedural changes in the BNSS are more consequential for day-to-day practice. The 90-day deadline for filing a chargesheet (in offences punishable with death, life imprisonment, or imprisonment of 10 years or more) has been given sharper teeth. Default bail under Section 187 BNSS — bail as of right where the chargesheet is not filed within the prescribed period — continues as before.
Section 479 BNSS introduces a significant change for first-time offenders. A person who has no prior conviction and has been under-trial for a period exceeding half the maximum sentence prescribed for the offence is entitled to bail as of right. This is a meaningful reform — it directly addresses the problem of under-trial prisoners languishing in custody for years for offences that would not result in long sentences even upon conviction.
Trial timelines have been tightened. The BNSS mandates that trials be concluded within two years of taking cognisance, with a provision for extension in exceptional cases. Whether this aspiration is met in practice will depend on the infrastructure available to courts, but the legislative intent is clear.
What Changed in the BSA
The Bharatiya Sakshya Adhiniyam largely mirrors the Indian Evidence Act in structure and substance. The most notable change is the treatment of electronic evidence. Section 63 BSA (corresponding to Section 65B of the old Evidence Act) continues to require a certificate for the production of electronic records, but the new provision provides somewhat clearer language on who can provide the certificate and in what form. The Supreme Court's ruling in Arjun Panditrao Khotkar (2020) — that the certificate is mandatory when the original device is not produced — remains authoritative under the BSA.
Section Number Cross-Reference
The table below lists ten of the most commonly referenced IPC sections and their BNS equivalents. This is not exhaustive, but it covers the offences most likely to arise in practice.
- Murder — Section 302 IPC → Section 103 BNS
- Culpable homicide not amounting to murder — Section 304 IPC → Section 105 BNS
- Rape — Section 376 IPC → Section 64 BNS
- Kidnapping — Section 363 IPC → Section 137 BNS
- Robbery — Section 392 IPC → Section 309 BNS
- Cheating — Section 420 IPC → Section 318(4) BNS
- Criminal breach of trust — Section 406 IPC → Section 316 BNS
- Matrimonial cruelty — Section 498A IPC → Section 85 BNS
- Defamation — Section 499 IPC → Section 356 BNS
- Criminal intimidation — Section 506 IPC → Section 351 BNS
Why This Matters to You
If you are a complainant considering filing an FIR, or a person against whom a complaint has been filed, or someone with a case that has been pending for years — knowing which law applies to your matter is the starting point for any legal strategy. Cases filed before 1 July 2024 continue under the old regime; for everything after that date, the new codes govern. The underlying principles of criminal jurisprudence — presumption of innocence, the burden of proof on the prosecution, the right to bail as the rule — remain unchanged.
This article is for general informational purposes only and does not constitute legal advice. For guidance specific to your matter, please consult a qualified advocate.
Advocate Mandeep Kaur
Bar Council of Delhi · Delhi High Court & District Courts