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New Criminal Laws 2024: Major Changes in BNS, BNSS & BSA for Litigants

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Advocate Kirti Gupta

B.A. LL.B., Empanelled Counsel Delhi Legal Services Authority, 12+ Years High Court Practice

2026-10-24 8 min read

Table of Contents

1. Overview of the Three New Criminal Codes

Effective from July 1, 2024, India replaced its colonial-era criminal laws with three modernized statutory enactments: the Bharatiya Nyaya Sanhita (BNS), 2023 replacing the Indian Penal Code (IPC), 1860; the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replacing the Code of Criminal Procedure (CrPC), 1973; and the Bharatiya Sakshya Adhiniyam (BSA), 2023 replacing the Indian Evidence Act, 1872.

The new statutes introduce modern legal terminology, integrate forensic science into mandatory investigations, prioritize digital records, and streamline court trial timelines.

2. Major Substantive Changes in the Bharatiya Nyaya Sanhita (BNS)

The BNS consolidates offences, repeals outdated provisions, and introduces new categories of crimes while altering section numbers for common offences:

Section 420 IPC is now Section 318 BNSThe familiar offence of Cheating and dishonestly inducing delivery of property is codified under Section 318 of the BNS.
Section 302 IPC (Murder) is now Section 103 BNSMurder is defined under Section 101 and punishable under Section 103 BNS, which includes provisions for mob lynching.
Section 498A IPC is now Section 85 & 86 BNSCruelty to a woman by husband or relatives is now governed by Sections 85 and 86 of the BNS.
Introduction of Community ServiceFor small offences (such as defamation, minor theft, or misconduct in public), community service is introduced as an alternative penalty under Section 4(f) BNS.

3. Procedural Innovations Under the BNSS

The BNSS fundamentally modernizes investigation and trial procedure across Delhi courts:

Zero FIR & Electronic ReportingSection 173 BNSS explicitly mandates the registration of Zero FIR at any police station regardless of jurisdiction, along with e-FIR reporting subject to physical signature within 3 days.
Mandatory Forensic InvestigationSection 176(3) BNSS mandates visits by forensic experts and videography of crime scenes for offences punishable by 7 years or more.
Preliminary Enquiry in Offenses (3-7 Years)Section 173(3) BNSS empowers police officers to conduct a preliminary enquiry within 14 days before registering an FIR in offences punishable between 3 and 7 years.

4. Electronic Evidence & The Bharatiya Sakshya Adhiniyam (BSA)

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic and digital records are granted equal legal status to traditional physical documents. Section 61 stipulates that the admissibility of electronic records shall not be denied solely on the ground of being in electronic form.

Section 63 BSA outlines updated certification requirements (replacing Section 65B of the old Evidence Act), establishing stricter chain-of-custody protocols for server logs, CCTV footage, mobile extractions, and cloud records.

Forensic Advantage with CCIFS

With BSA’s strict mandate on digital forensics, Tabish Sarosh & Associates leverages CCIFS digital ballistic and mobile extraction analysis to challenge defective police forensic reports in court.

5. Significant Shift in Police Custody (Section 187 BNSS)

Under the old Section 167 CrPC, police custody (PC) could only be sought within the first 15 days of arrest. Under Section 187(3) BNSS, police remand of up to 15 days can now be granted in whole or in parts during the entire first 40 or 60 days of detention, depending on the severity of the offence.

This critical shift necessitates aggressive legal representation at the very first remand hearing to prevent piecemeal police custody.

Frequently Asked Questions

Do the new criminal laws apply to cases registered before July 1, 2024?

No. As per Article 20(1) of the Constitution and the savings clause of the BNS, offences committed prior to July 1, 2024 continue to be governed and tried under the old IPC, CrPC, and Evidence Act. The new codes apply only to offences committed on or after July 1, 2024.

What is the new section for cheating in place of Section 420 IPC?

Under the Bharatiya Nyaya Sanhita (BNS), cheating and dishonestly inducing delivery of property is governed by Section 318(4) BNS, replacing the former Section 420 of the IPC.

Can digital evidence like WhatsApp chats be directly admitted under BSA?

Yes. Under Section 61 and 63 of the BSA, electronic records including WhatsApp chats and emails are primary evidence when authenticated by a certificate from the person in lawful control of the device, subject to forensic integrity checks.