With effect from 1 July 2024, three statutes came into force:
- The Bharatiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code, 1860.
- The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Code of Criminal Procedure, 1973.
- The Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872.
The most immediate practical change: numbering
For anyone reading case papers, the first thing to absorb is that familiar section numbers have moved. A few of the ones encountered most often:
- FIR in a cognizable case: Section 154 CrPC is now Section 173 BNSS.
- Anticipatory bail: Section 438 CrPC is now Section 482 BNSS.
- Bail in non-bailable offences: Section 437 CrPC is now Section 480 BNSS; the special powers of the High Court and Sessions Court under Section 439 are now Section 483.
- Examination of the accused: Section 313 CrPC is now Section 351 BNSS.
- Inherent powers of the High Court: Section 482 CrPC is now Section 528 BNSS.
Cases registered before 1 July 2024 continue under the old statutes. For some years, therefore, practitioners will be working with both sets of provisions side by side, and it is important to be clear which applies to a given matter.
- Section 154 CrPC Section 173 BNSS FIR in a cognizable case
- Section 438 CrPC Section 482 BNSS Anticipatory bail
- Section 437 CrPC Section 480 BNSS Bail in non-bailable offences
- Section 439 CrPC Section 483 BNSS Special powers of the High Court and Sessions Court
- Section 313 CrPC Section 351 BNSS Examination of the accused
- Section 482 CrPC Section 528 BNSS Inherent powers of the High Court
Cases registered before 1 July 2024 continue under the old statutes, so both sets of provisions will be in use side by side for some years. Always check which statute a reference is to.
Procedural changes worth knowing
Registration of an FIR without regard to jurisdiction
The BNSS provides for information about a cognizable offence to be recorded irrespective of the area where the offence is committed — the practice long known informally as a "Zero FIR" — with the case then transferred to the police station having jurisdiction. This removes a common source of delay at the very start of a case.
Electronic filing and electronic proceedings
Information may be given electronically, and the statutes expressly contemplate trials, inquiries and proceedings being conducted in electronic mode, including the recording of evidence by audio-video means in defined circumstances.
Timelines
The BNSS introduces or tightens time limits at several points in the process, including for the supply of documents to the accused, for framing of charge, and for the delivery of judgment after arguments conclude. The intention is to reduce the periods in which a case sits idle.
Forensic investigation
For offences carrying punishment of seven years or more, forensic examination of the scene of the crime and the collection of evidence by a forensic team is contemplated, with the process recorded.
Changes in substantive law
The BNS retains most of the offences that existed under the Penal Code, though renumbered and in places reworded. Notable changes include the introduction of specific provisions dealing with organised crime and terrorist acts within the general criminal law, a distinct provision addressing mob lynching, and the addition of community service as a form of punishment for certain minor offences. The offence of sedition as it stood in the Penal Code has been replaced by a differently framed provision concerning acts endangering the sovereignty, unity and integrity of India.
What did not change
The architecture of criminal justice is largely intact. The presumption of innocence, the burden on the prosecution, the right to counsel, the twenty-four hour rule for production before a Magistrate, and the structure of trial through charge, evidence, examination of the accused, arguments and judgment all remain as they were.
Conclusion
The new statutes are best understood as a renumbering and a procedural modernisation rather than a reinvention. The practical consequence for anyone involved in a criminal matter is that the correct statute has to be identified at the outset, because it governs the procedure that follows.
Legal disclaimer
This content is provided for general informational purposes only and should not be considered legal advice. Every legal matter depends on its specific facts and circumstances. Readers should seek appropriate professional legal advice for their individual situation.
