Three new laws came into force on 1 July 2024: the Bharatiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Code of Criminal Procedure; and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act.
Which law applies to my case?
As a general rule, offences committed before 1 July 2024 continue to be governed by the IPC, and investigations and proceedings that were already pending continue under the earlier procedure, subject to the transitional provisions. Offences committed on or after that date are governed by the new laws.
Familiar provisions, new numbers
- Anticipatory bail: Section 438 CrPC is now Section 482 BNSS.
- Inherent powers of the High Court: Section 482 CrPC is now Section 528 BNSS.
- Maintenance: Section 125 CrPC is now Section 144 BNSS.
- Cruelty by husband or relatives: Section 498A IPC is now Sections 85 and 86 BNS.
The new laws also give greater statutory recognition to electronic records, video recording of searches and electronic service of summons. Anyone with a pending matter should check which provisions apply to them, as the section numbers in documents will differ depending on when the offence occurred.