Major Changes Under BNS, BNSS and BSA

India's Most Significant Legal Overhaul in 160 Years

The replacement of the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872 with three new legislative instruments — the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Bharatiya Sakshya Adhiniyam 2023 — marks a watershed moment in Indian legal history. These new laws came into effect on July 1, 2024, signalling a decisive break from the colonial past and an embrace of modern, technology-driven, victim-centric jurisprudence.

The BNS, BNSS and BSA were notified in the Gazette of India on 25th December, 2023, and came into force from 1st July, 2024.

Part I — Bharatiya Nyaya Sanhita, 2023 (BNS): Replacing the IPC

Structure and Consolidation

The IPC had 511 sections, while the BNS has 358 sections. Several sections have been merged, repealed, or restructured for clarity. Redundant and colonial-era provisions have been removed.

Crimes Against Women and Children

For the first time, the provisions relating to crimes against women and children have been placed under one chapter. Strict punishments up to the death sentence have been provided for offences against women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till the remainder of the convict's natural life or death. A new offence of having sexual intercourse on false promise of marriage has been introduced.

Organised Crime and Terrorism

The BNS introduces, for the first time in a general criminal statute, specific provisions on organised crime and terrorist acts. These provisions recognise syndicate operations, provide for enhanced penalties, and bring the substantive criminal law in line with the Unlawful Activities (Prevention) Act framework.

Community Service as Punishment

The BNS introduces a more nuanced approach to sentencing with provisions for community service as an alternative to imprisonment for certain offences. The new law also introduces victim compensation schemes and mandates that courts consider the impact on victims when determining sentences.

Sedition Recast as Treason

The colonial offence of sedition under Section 124A IPC has been repealed. In its place, the BNS introduces provisions relating to acts endangering the sovereignty, unity, and integrity of India — a broader and constitutionally more defensible formulation that focuses on acts rather than speech.

Cyber Crimes Expressly Recognised

The BNS explicitly includes cyber frauds, identity theft, online impersonation, and electronic forgery. It aligns with the Information Technology Act, 2000, ensuring cyber offences are not overlooked. Provisions of the BNS work in tandem with the BNSS and BSA, making it easier to use digital evidence such as emails, CCTV recordings, and server logs.

Part II — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Replacing the CrPC

Technology at Every Stage

The BNSS mandates the use of technology at every stage of the criminal justice process. Key technological reforms include mandatory video recording of witness statements, digital case management systems, e-filing of FIRs and court documents, and video conferencing for routine court proceedings.

Time-Bound Justice

New timelines have been established to ensure quicker justice delivery. Summary trials for minor offences must be completed within 45 days, while regular trials should conclude within one year.

Bail Reforms

In order to reduce overcrowding of jails, plea bargaining has been made time-bound and applications can be made within 30 days from the date of framing of charge. Sections 478 to 496 of BNSS contain details of the provisions relating to bail and bond.

Zero FIR and e-FIR

Under the BNSS, any police station must register a Zero FIR regardless of jurisdiction — a right that existed in practice but now has statutory backing. e-FIRs can be filed online for certain categories of offences, making complaint registration accessible to citizens without requiring a physical visit to the police station.

Police Custody Extended

The BNSS permits police custody to be sought during the first 40 days of judicial custody, in segments, as opposed to the previous requirement of seeking it only within the first 15 days. This has been criticised by civil liberties organisations as creating the potential for prolonged physical custody.

Part III — Bharatiya Sakshya Adhiniyam, 2023 (BSA): Replacing the Indian Evidence Act

Electronic Records as Primary Evidence

One of the most consequential changes under the BSA is the elevation of electronic records to the status of primary evidence. Under the old Indian Evidence Act, electronic records were secondary evidence requiring certificate compliance. The BSA treats properly certified electronic records on the same footing as original documents.

AI-Generated Data Recognised

The BSA expands the definition of electronic records to include data generated by AI systems — a significant forward-looking provision that acknowledges the evidentiary reality of automated processes, machine-generated logs, and algorithm outputs.

Section 65B Revised

The certificate mechanism under Section 65B of the old Evidence Act, which governed admissibility of electronic records, has been carried forward and refined in the BSA. However, the certificate continues to prove origin rather than content authenticity — a gap that has become critical in the context of deepfakes and AI-generated evidence.

Joint Trials and Witness Protection

The BSA strengthens provisions for witness protection and introduces clearer rules on joint trials, co-accused statements, and the evidentiary weight to be given to confessions made before magistrates.

Critical Perspectives

Civil society organisations, including , have raised concerns that certain provisions of the new laws would have debilitating consequences on the effective realisation of rights to freedom of expression, association, peaceful assembly, and fair trial.

The success of these reforms will depend on implementation — on how well police, prosecutors, and courts embrace digital workflows and how effectively citizens learn to use their new rights. The challenge ahead is to ensure that modernisation does not merely change paperwork, but changes mindsets — turning justice from a privilege into an accessible service for every Indian.

Key Statutes: BNS 2023 · BNSS 2023 · BSA 2023 (all in force from 1 July 2024)