What changed and when
From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973, and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872. Offences committed before that date continue to be governed by the old laws, while offences on or after it are governed by the new ones. Courts therefore now work with both sets of laws.
Key section equivalents
Some commonly used provisions have new numbers:
[ListParagraph] Murder: Section 302 IPC is now Section 103 BNS.
[ListParagraph] Cheating: Section 420 IPC is now Section 318 BNS.
[ListParagraph] Cruelty by husband or relatives: Section 498A IPC is now Section 85 BNS.
[ListParagraph] Dowry death: Section 304B IPC is now Section 80 BNS.
[ListParagraph] Rape: Section 376 IPC is now Section 64 BNS.
[ListParagraph] Registration of FIR: Section 154 CrPC is now Section 173 BNSS.
[ListParagraph] Anticipatory bail: Section 438 CrPC is now Section 482 BNSS.
[ListParagraph] Inherent powers of the High Court: Section 482 CrPC is now Section 528 BNSS.
[ListParagraph] Maintenance: Section 125 CrPC is now Section 144 BNSS.
New features in the substantive law
The BNS introduces offences such as organised crime, petty organised crime and terrorism, treats mob lynching as a specific offence, and replaces the sedition provision with a provision on acts endangering the sovereignty, unity and integrity of India. It also introduces community service as a form of punishment for certain minor offences.
New features in procedure
The BNSS permits registration of an FIR electronically and a zero FIR at any police station, mandates videography of search and seizure, sets time limits for various stages such as investigation of certain matters and delivery of judgments, and permits trials in absentia of proclaimed offenders in certain cases. It also allows the 15 days of police custody to be sought in parts during the first 40 or 60 days of detention.
Electronic evidence
The Bharatiya Sakshya Adhiniyam treats electronic and digital records as documents and, in Section 63, requires a certificate in a prescribed form for admitting electronic records, replacing the old Section 65B of the Evidence Act. Careful compliance is essential in disputes involving emails, chats, call records and CCTV footage.
Practical advice
Litigants should check the date of the alleged offence to know which law applies, and check whether the older decisions of the Supreme Court on the IPC and CrPC still apply, since courts are generally treating them as relevant where the new provisions are substantively the same.
Frequently Asked Questions
Q. Is the IPC completely repealed?
A. The IPC has been repealed, but it continues to apply to offences committed before 1 July 2024 for the purposes of investigation, trial and punishment.
Q. Do old Supreme Court judgments on IPC sections still apply?
A. Where the new provision is substantially similar, courts continue to rely on earlier decisions, though each case depends on the changes made.
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.