The New Criminal Laws: BNS, BNSS and BSA Explained

On 1 July 2024, India’s criminal justice framework changed fundamentally. Three new laws replaced three colonial-era statutes that had governed criminal law for over a century. This explainer sets out what changed — as general educational information, not legal advice.

The three new laws

The following three laws, enacted in 2023, came into force on 1 July 2024:

• The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 — the substantive criminal law defining offences and punishments.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 — the procedural law governing investigation, arrest, bail, and trial.
• The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872 — the law of evidence.

What kind of change is this?

The reform re-enacted and reorganised much of the earlier law while introducing changes in structure, terminology, and certain substantive provisions. Broad themes highlighted around the reform included a greater emphasis on timelines in the criminal process, expanded provision for electronic and digital records and procedures, and reorganisation and renumbering of offences. Because the detail is extensive and consequential, readers should rely on the text of the statutes and authoritative commentary for specifics rather than summaries.

The transition: old and new law together

Importantly, the change is not retrospective in a way that erases the past. Offences and proceedings that predate the commencement of the new laws continue to be dealt with under the earlier IPC, CrPC, and Evidence Act, while new matters proceed under the BNS, BNSS, and BSA. As a result, both frameworks remain relevant in practice for a considerable time, and practitioners and courts work with both.

Why it matters

A change of this scale affects how crimes are defined, how investigations and trials are conducted, and how evidence is treated — touching everyone from police and prosecutors to accused persons and victims. We cover developments, notifications, and judicial interpretation of the new laws in our Legislation & Policy vertical.

Why the change was significant

Replacing three foundational statutes at once is a rare event in any legal system. The Indian Penal Code (1860), the Code of Criminal Procedure (1973, itself a successor to the 1898 Code), and the Indian Evidence Act (1872) had shaped criminal justice in India for generations, and a large body of judicial interpretation had grown around them. The 2023 laws re-enact and reorganise much of that framework while introducing changes of structure, terminology, and certain substantive provisions.

What to watch as the new laws bed in

With any overhaul of this scale, the practical meaning of the new provisions becomes clear only as courts interpret them. Key things to follow include how courts read renumbered and reworded offences, how procedural timelines and the expanded role of electronic and digital records operate in practice, and how the transition between the old and new frameworks is managed for pending matters. We track these developments in our Legislation & Policy vertical.

Reading coverage of the new laws carefully

Because the detail is extensive and consequential, readers should treat summaries — including ours — as a starting point and rely on the text of the statutes and authoritative commentary for specifics. Section numbers, in particular, have changed, so a provision under the old law will usually have a different number under the new one.

Frequently asked questions

When did the new criminal laws come into force?

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024.

What do the three new laws replace?

They replace the Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872) respectively.

Do the old laws still matter?

Yes. Offences and proceedings from before the commencement of the new laws generally continue under the earlier IPC, CrPC, and Evidence Act, so both frameworks remain relevant in practice for some time.