BNS, BNSS & BSA — New Criminal Laws India: Complete Guide for Advocates 2026

On July 1, 2024, India's criminal justice system underwent its most significant transformation since independence. Three new laws replaced the colonial-era Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872):

• 1.Bharatiya Nyaya Sanhita, 2023 (BNS) — replacing the Indian Penal Code, 1860
• 2.Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — replacing the Code of Criminal Procedure, 1973
• 3.Bharatiya Sakshya Adhiniyam, 2023 (BSA) — replacing the Indian Evidence Act, 1872

Why the New Criminal Laws Were Enacted

The three new laws were introduced with the stated objective of decolonising India's criminal justice system, incorporating modern concepts, and expediting justice delivery. Key motivations included:

• •The IPC and CrPC were British-era statutes designed to control a colonial population, not to deliver justice to citizens
• •Technological advancements (digital evidence, cybercrime, organised crime) required legislative recognition
• •The judiciary had been calling for procedural reforms to reduce pendency
• •Several Supreme Court recommendations on criminal justice reform had not been implemented

Bharatiya Nyaya Sanhita, 2023 (BNS) — Section by Section Analysis

Structure of the BNS

The BNS has 358 sections organised into 20 chapters, compared to the IPC's 511 sections in 23 chapters. Many sections have been consolidated, renumbered, and reorganised.

Key New Offences in BNS

Section 69 BNS — Sexual Intercourse by Deceitful Means

This is a new offence with no direct IPC equivalent. It criminalises sexual intercourse with a woman by:

• •Suppressing identity
• •False promise of marriage
• •Inducement by employment

This provision has significant implications for advocate practice, as it creates a new category of cases distinct from rape (Section 63 BNS) and cheating (Section 318 BNS).

Section 111 BNS — Organised Crime

The BNS for the first time codifies "organised crime" at the central level. Previously, only states like Maharashtra (MCOCA) and Karnataka (KCOCA) had such legislation. Section 111 BNS defines organised crime as a continuing unlawful activity by a syndicate for economic advantage.

Punishment: 5 years to life imprisonment (or death in cases involving murder).

Section 113 BNS — Terrorist Acts

The BNS includes terrorist acts, previously governed only by the Unlawful Activities (Prevention) Act, 1967. Section 113 criminalises acts threatening the unity, integrity, sovereignty, or security of India.

Section 152 BNS — Acts Endangering Sovereignty, Unity and Integrity of India

This replaces Section 124A IPC (sedition), which had been put in abeyance by the Supreme Court in S.G. Vombatkere v. Union of India (2022). The new provision is worded differently and carries a maximum sentence of life imprisonment.

Critical Comparison: BNS vs IPC

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Procedural Changes

Most Important Procedural Changes

1. Trial in Absentia (Section 356 BNSS)

Perhaps the most significant procedural change. The BNSS now allows courts to conduct trials in the absence of the accused if:

• •The accused has absconded
• •There is no immediate prospect of arrest

2. Mandatory Forensic Investigation (Section 176 BNSS)

For offences punishable with 7 or more years, forensic experts must visit the crime scene. This creates important implications for bail applications and trial strategy — contamination of forensic evidence is a standard defence.

3. Time-Bound Trial (Section 346 BNSS)

The BNSS prescribes specific timelines:

• •Framing of charges: within 60 days of first hearing on charges
• •Judgment: within 45 days of completion of arguments
• •These timelines are aspirational rather than mandatory, but create grounds for bail in prolonged cases

The BNSS consolidates bail provisions and introduces:

Section 479 BNSS (Default Bail — formerly Section 167(2) CrPC) The default bail period for offences punishable with less than 10 years is 60 days; for 10 or more years: 90 days. After this period, if charge sheet is not filed, the accused is entitled to bail as of right.

Calculating Default Bail Under BNSS:

• 1.Date of arrest: Day 0
• 2.Count 60/90 days (including Sundays and holidays)
• 3.If charge sheet not filed: accused can apply for default bail
• 4.Bail continues even after charge sheet is filed (per Rakesh Kumar Paul v. State of Assam 2017)

• •Applicant must make out reasonable apprehension of arrest
• •Court considers nature of accusation, antecedents, possibility of fleeing

• •Anticipatory bail can be granted for a definite period or until end of trial
• •Courts should not ordinarily limit anticipatory bail to a fixed period
• •Conditions imposed must be reasonable

FIRs can now be registered electronically. The Crime and Criminal Tracking Network & Systems (CCTNS) is specifically mentioned. Digital FIR registration creates important evidentiary implications.

6. Victim Rights (Section 193 BNSS)

The BNSS significantly expands victim rights:

• •Victims must be informed of progress of investigation
• •Victims can engage an advocate at their own expense in trial
• •Victim's statement to be recorded within 24 hours of report

Bharatiya Sakshya Adhiniyam, 2023 (BSA) — Evidence Law Changes

Digital Evidence Under BSA

The most significant change in the BSA is the treatment of digital evidence.

Section 61 BSA (Admissibility of Electronic Records)

Electronic records are admissible as documents under the BSA. This was previously covered by Section 65B of the Indian Evidence Act, which created significant procedural difficulties.

The Section 65B Certificate Issue

Under the old Evidence Act, electronic records required a certificate under Section 65B(4) from the responsible official. Multiple Supreme Court decisions created confusion about when this certificate was required (Anvar P.V. v. P.K. Basheer 2014, Shafhi Mohammad v. State of H.P. 2018, Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal 2020).

The BSA attempts to simplify this:

• •Section 63 BSA provides for admissibility of secondary evidence of electronic records
• •The certificate requirement is retained under Section 63(4) but with clearer guidelines

• 1.WhatsApp messages: Require a certificate from the telecom provider or the owner of the device
• 2.CCTV footage: Certificate from the operator of the CCTV system
• 3.Email chains: Certificate from the email service provider or the admin of the domain
• 4.Bank statements: Online statements require a certificate; physical statements from the bank are treated as documentary evidence

All statements made by witnesses before a court are oral evidence. Importantly:

• •A witness cannot read a prepared statement (must speak from memory)
• •But may refresh memory from a document written contemporaneously

Practice Guide: Handling Criminal Cases Under New Laws

Checklist for Bail Applications Under BNSS

Before Filing:

• •[ ] Identify whether offence is bailable or non-bailable under Schedule I BNSS
• •[ ] Calculate if default bail period has elapsed (Section 479 BNSS)
• •[ ] Collect antecedents information (prior convictions, if any)
• •[ ] Identify relevant mitigating factors
• •[ ] Research applicable precedents on bail for the specific offence

• •[ ] Correctly identify the section of BNSS under which bail is sought
• •[ ] Address all three prongs of the bail test
• •[ ] Include humanitarian or health grounds if applicable
• •[ ] Cite Sanjay Chandra v. CBI (2012) and subsequent Supreme Court orders on bail
• •[ ] Address prosecution's likely objections

• •[ ] Comply with all conditions (reporting, travel restrictions, surety)
• •[ ] Advise client about consequences of bail violation

Cross-Examining Digital Evidence

When challenging digital evidence under BSA:

• 1.Challenge the certificate: Was the Section 63(4) BSA certificate obtained correctly? Who signed it? Are they competent?

• 2.Challenge integrity: Was the electronic record tampered with? Can metadata be verified?

• 3.Challenge the device: Was the WhatsApp message actually sent from the accused's number? Was the phone under their control?

• 4.Challenge authentication: Can the prosecution prove who authored the digital content?

FAQs on New Criminal Laws

1. When did BNS, BNSS, and BSA come into effect? All three laws came into effect on July 1, 2024, replacing the IPC, CrPC, and Indian Evidence Act respectively.

2. Do the new laws apply to crimes committed before July 1, 2024? No. Crimes committed before July 1, 2024 are prosecuted under the old laws (IPC, CrPC, Evidence Act). The new laws apply only to crimes committed on or after July 1, 2024.

3. What is the new section for murder? Murder is now Section 101 of the BNS (formerly Section 302 IPC). The punishment remains the same: death or life imprisonment, plus fine.

4. Has sedition been retained? Section 124A IPC (sedition) has been replaced by Section 152 BNS, which criminalises acts that endanger sovereignty, unity, and integrity of India. The new provision is different in language but potentially similar in scope.

5. What is the new default bail period? Under Section 479 BNSS: 60 days for offences punishable with less than 10 years; 90 days for offences punishable with 10 or more years.

6. Has anticipatory bail been retained? Yes. Section 484 BNSS retains anticipatory bail with largely the same provisions as Section 438 CrPC.

7. Can trials be held in the absence of the accused? Yes. Section 356 BNSS allows trial in absentia when the accused has absconded and there is no immediate prospect of arrest.

8. What has changed in evidence law regarding electronic records? The BSA simplifies electronic evidence admissibility. Section 63 BSA requires a certificate for secondary electronic evidence but provides clearer guidelines than the old Section 65B Indian Evidence Act.

9. Are CCTV recordings admissible without a certificate under BSA? CCTV footage requires a certificate under Section 63(4) BSA from the person responsible for operating the CCTV system.

10. Where can I get training on the new criminal laws? LAWversity offers dedicated webinars on BNS, BNSS, and BSA. Visit [lawversity.in/webinars](https://lawversity.in/webinars) to register.

Conclusion

The BNS, BNSS, and BSA represent India's most comprehensive criminal law reform in over 150 years. While the structure of criminal justice remains familiar, the details — new offences, revised procedures, expanded digital evidence rules, and new victim rights — require every criminal law practitioner to update their knowledge base.

Advocates who master the new criminal laws early will have a significant competitive advantage. Those who continue to cite IPC and CrPC sections in cases governed by BNS and BNSS will face not just embarrassment but professional disadvantage.

LAWversity offers webinars on the new criminal laws. Visit [lawversity.in/webinars](https://lawversity.in/webinars) to register.