BNS, BNSS and BSA: India's New Criminal Laws Explained for Students

On 1 July 2024, three new laws replaced the pillars of Indian criminal law. The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act.

For law students this is both a challenge and an opportunity. Textbooks, notes and even many judgments still cite the old section numbers, while new cases are filed under the new laws. Knowing both, and how they map to each other, is now a basic skill.

Which old law does each new law replace?

• Bharatiya Nyaya Sanhita, 2023 replaces the Indian Penal Code, 1860. It defines offences and punishments.
• Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the Code of Criminal Procedure, 1973. It covers arrest, investigation, bail, trial and appeals.
• Bharatiya Sakshya Adhiniyam, 2023 replaces the Indian Evidence Act, 1872. It decides what evidence is admissible and how it is proved.

Offences committed before 1 July 2024 continue to be tried under the old laws. That is why courts will deal with both sets of laws for years.

What are the main changes in the BNS?

Much of the substance of the IPC remains, but it is reorganised and renumbered. A few changes stand out:

• Offences against women and children are grouped together at the start, reflecting a change in emphasis.
• Organised crime and terrorist acts are defined as offences in the general criminal law.
• Community service is introduced as a form of punishment for certain minor offences.
• Sedition as it appeared in the IPC is not carried forward in the same form; the BNS instead penalises acts endangering the sovereignty, unity and integrity of India.

Students should read these provisions in the bare act rather than rely on summaries, because the wording matters in exams and in court.

What changed in criminal procedure under the BNSS?

• FIR anywhere. Section 173 lets information about a cognizable offence be given at any police station, and electronically (see our guide on FIR, Zero FIR and e-FIR).
• Technology in procedure. The BNSS provides for electronic summons, audio-video recording of searches and seizures, and trials and evidence through electronic means in specified situations.
• Timelines. The new code sets time limits at several stages of investigation and trial, such as for preliminary enquiries and for delivering judgments after arguments.
• Forensics. Forensic investigation is required for offences punishable with seven years or more.

What does the BSA change about evidence?

The structure of the Evidence Act largely survives in the BSA. The most important shift is the treatment of electronic records. Electronic and digital records are expressly recognised as documents, and the BSA sets out how they are certified and proved. For students, the key topics remain the same: relevancy, admissions and confessions, burden of proof, presumptions and examination of witnesses.

How should you study the new criminal laws?

1. Keep a comparison table. For every important section, write the old IPC, CrPC or Evidence Act number next to the new one. Murder, theft, cheating, arrest, bail and confessions are good places to start.
2. Read the bare acts. Download the official text from India Code and read it alongside your class notes.
3. Follow recent judgments. The Supreme Court and High Courts are already interpreting the new provisions. Your faculty will point out the important ones.
4. Practise problem questions. Apply the new sections to facts. That is how the knowledge sticks, and it is how examinations and moot courts test you.

Do old judgments still matter?

Yes. Where the new provision uses the same language as the old one, the reasoning of earlier judgments remains persuasive. Principles of criminal liability, the presumption of innocence and the rules on fair trial did not disappear. What changes is the section you cite, and sometimes the procedure you follow.

Sources

• India Code: official texts of the BNS, BNSS and BSA.
• Ministry of Home Affairs: notifications and explanatory material on the new criminal laws.

Criminal law is a core part of the B.A. LL.B. and LL.B. programmes at Mugil College of Law, affiliated to The Tamil Nadu Dr. Ambedkar Law University. Questions about admission? Send an enquiry.