New Criminal Laws 2024: Complete Guide to BNS, BNSS, and BSA Changes

India has replaced its 150-year-old criminal laws with three new codes effective from July 1, 2024. Here's what has changed and what it means for you.

The Big Change:

Three colonial-era laws have been replaced:

Old Law	New Law
Indian Penal Code, 1860 (IPC)	Bharatiya Nyaya Sanhita, 2023 (BNS)
Code of Criminal Procedure, 1973 (CrPC)	Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Indian Evidence Act, 1872	Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Why the Change?

• Remove colonial legacy

• Modernize criminal justice system

• Include technology in law

• Make justice faster

• More victim-centric approach

• Simplify language

Bharatiya Nyaya Sanhita (BNS) - Replacing IPC

Major Changes:

1. Sedition Law Removed

• Old Section 124A (Sedition) repealed

• New Section 152: "Acts endangering sovereignty"

• Narrower scope

• Better defined

2. Terrorism Defined Clearly

• Section 113: Comprehensive terrorism definition

• Covers various terror acts

• Stricter punishment

• Earlier scattered across different laws

3. Organized Crime

• New sections on organized crime syndicates

• Gangs and criminal enterprises

• Continuing unlawful activity

• Similar to MCOCA provisions

4. Mob Lynching

• Section 103(2): Murder by group (5+ persons)

• Punishment: Death or life imprisonment

• First time mob lynching explicitly criminalized

5. Hit and Run

• Section 106(2): Leaving accident scene without reporting

• Punishment: Up to 10 years + fine

• Covers rash/negligent driving causing death

6. Sexual Offences

• More stringent provisions

• Gang rape of minor: Mandatory death penalty

• Rape of woman under 18: Life imprisonment

• Deceit in sexual relationship: New offence

7. Snatching

• Explicitly defined (was only "theft" earlier)

• Separate punishment prescribed

• Recognition of growing urban crime

8. Community Service

• Introduced as punishment option

• For minor offences

• Alternative to jail/fine

• First time in Indian criminal law

9. Murder Categories

• Section 103: More detailed classification

• Degree-based approach

• Clearer sentencing guidelines

Section Number Changes:

Common IPC sections now have new numbers:

Crime	Old (IPC)	New (BNS)
Murder	302	103
Attempt to Murder	307	109
Dowry Death	304B	80
Rape	376	64
Theft	378	303
Cheating	420	318
Criminal Breach of Trust	406	316

Bharatiya Nagarik Suraksha Sanhita (BNSS) - Replacing CrPC

Major Changes:

1. Time Limits for Investigations

• Charge sheet must be filed within 90 days (was 60/90)

• Can be extended up to 180 days maximum

• Status report every 15 days if extended

2. Zero FIR Mandatory

• Every police station must register FIR regardless of jurisdiction

• No more "not my area" excuse

• Transferred to concerned station within 15 days

3. Summons Through Electronic Means

• SMS, email, WhatsApp valid

• Need not be physical notice always

• Faster service of process

4. Video Conferencing

• Recording statements via video

• Witness examination through VC

• Production of undertrials via video

• Reduces need for physical presence

5. Trial in Absentia

• Proclaimed offenders can be tried without presence

• In serious crimes where accused absconding

• Judgment binding even if accused not present

6. Forensic Evidence Mandatory

• Punishable with 7+ years: Forensic team must visit

• Collect scientific evidence

• Professional crime scene investigation

• Better evidence quality

7. Timeline for Judgment

• Trial courts must complete trial within set timelines

• Judgment to be delivered within 30 days of arguments

• Higher courts: 90 days to decide appeals

• Reduces delays

8. Victim Rights Enhanced

• Right to be informed of case progress

• Right to be heard at bail hearings

• Compensation provisions

• Free legal aid

9. Magistrate Must Give Reasons

• For granting/denying bail

• For police custody

• For any order

• More accountability

10. FIR Copy Immediately

• Must be given free of cost

• Within time specified

• Electronic copy acceptable

11. Statements of Women

• Recorded at residence (if victim wishes)

• By woman police officer

• Stricter implementation

12. Mercy Petitions

• Death sentence: Mercy petition within 30 days

• Decision on mercy within 60 days

• Brings finality

Section Number Changes:

Provision	Old (CrPC)	New (BNSS)
FIR	154	173
Police Custody	167	187
Bail	437/438	479/483
Charge Sheet	173	193
Trial Procedure	238-243	266-271

Bharatiya Sakshya Adhiniyam (BSA) - Replacing Evidence Act

Major Changes:

1. Electronic Evidence

• Section 61-65: Electronic records as primary evidence

• Emails, WhatsApp, digital documents

• Same value as physical documents

• Modernized for digital age

2. Joint Trials

• More provisions for joint trials

• Faster disposal of related cases

• Efficiency in justice delivery

3. Expert Opinion

• Electronic/digital experts recognized

• Cyber forensic experts

• Opinion on electronic evidence

4. Oral Evidence via Video Link

• Witnesses can depose via video

• Especially useful for:

  • Vulnerable witnesses

  • Child witnesses

  • Witnesses in danger

  • Witnesses abroad

5. Secondary Evidence

• More flexibility in accepting secondary evidence

• Electronic copies

• Certified copies

6. Confessions

• Confessions to police still not valid

• But exceptions more clearly defined

• Protects against torture

Section Number Changes:

Provision	Old (Evidence)	New (BSA)
Relevancy	5-55	6-60
Admission	17-23	21-31
Confessions	24-30	22-28
Dying Declaration	32	36
Expert Opinion	45-51	53-58

Technology Integration:

Biggest Change: Complete digital transformation

What's Digital Now:

• FIR registration (e-FIR)

• Summons (e-summons)

• Evidence (electronic records)

• Trials (video conferencing)

• Judgments (e-courts)

• Appeals (online filing)

Benefits:

• Faster processes

• Less paperwork

• Easy access

• Transparency

• Reduced corruption opportunities

What Hasn't Changed:

Core Principles Remain:

• Presumption of innocence

• Right to fair trial

• Right to lawyer

• Bail provisions (mostly similar)

• Appeal rights

• Natural justice principles

Most Crimes Same:

• Murder, rape, theft, etc. still crimes

• Punishments mostly unchanged

• Basic criminal law philosophy same

Impact on Common People:

Positive Changes:

✅ Faster justice (timelines mandated)

✅ Better victim rights

✅ Mandatory forensics (better investigation)

✅ Electronic service (no need to always appear)

✅ Zero FIR (file anywhere)

✅ Clearer laws (less confusion)

Things to Watch:

⚠️ New section numbers (learning curve)

⚠️ Implementation challenges initially

⚠️ Technology infrastructure needed

⚠️ Training for police, lawyers, judges

Criticism and Concerns:

Critics Point Out:

• Rushed legislation (insufficient debate)

• Many provisions similar to old laws

• Name change more than content change

• Some draconian provisions retained

• Civil liberties concerns

• Implementation challenges

Government's Response:

• Necessary modernization

• More victim-centric

• Technology-friendly

• Remove colonial legacy

• Comprehensive review done

What You Should Do:

For Legal Professionals:

• Study new section numbers

• Attend training programs

• Update practice

• Learn digital procedures

For Common Citizens:

• Know new section numbers (especially common ones)

• Understand new victim rights

• Be aware of electronic evidence rules

• Use digital platforms for legal work

For Businesses:

• Update compliance

• Train legal teams

• Review contracts (reference new laws)

• Adopt digital processes

Important New Sections to Remember:

BNS (replacing IPC):

• Section 103: Murder (was 302)

• Section 64: Rape (was 376)

• Section 318: Cheating (was 420)

• Section 303: Theft (was 378)

• Section 115-116: Terrorist acts

BNSS (replacing CrPC):

• Section 173: FIR (was 154)

• Section 187: Police custody (was 167)

• Section 479: Regular bail (was 437)

• Section 483: Anticipatory bail (was 438)

Transition Period:

Current Status:

• New laws in force from July 1, 2024

• Old cases continue under old laws

• New cases under new laws

• References updated

Challenges:

• Judges, lawyers adjusting

• Section number confusion

• Training ongoing

• Infrastructure being upgraded

Future Outlook:

Expected Improvements:

• Faster trials (with timelines)

• Better conviction rates (forensics)

• More transparency (digital)

• Victim satisfaction

Potential Issues:

• Initial confusion

• Technology gaps

• Training needs

• Infrastructure limitations

Resources:

To Learn More:

• Ministry of Home Affairs website

• E-courts website

• Law Commission reports

• Bar Council updates

• Legal databases

Online Access:

• New laws text: https://www.mha.gov.in

• E-FIR portals (state-wise)

• E-courts services

• NCRB data

Key Takeaways:

📌 Three new criminal laws replaced colonial-era codes

📌 Effective from July 1, 2024

📌 Main focus: Technology integration, faster justice, victim rights

📌 Section numbers changed (major learning curve)

📌 Most provisions similar to old laws with modifications

📌 Digital processes emphasized

📌 Timelines mandated for trials

📌 Implementation challenges exist

Bottom Line:

The new criminal laws are India's attempt to modernize its justice system for the 21st century. While the core principles remain the same, the emphasis on technology, speed, and victim rights is welcome. The real test will be in implementation – whether these laws actually deliver faster, fairer justice or just create initial confusion.

For now, citizens should familiarize themselves with the new section numbers, embrace digital legal processes, and understand their enhanced rights as victims. The transition may be bumpy, but the direction is promising. Justice should not just be done, but be done quickly – and these new laws aim to make that happen.