The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam (Replacing IPC, CrPC, Evidence Act)
Current Affairs & Government Schemes › Recently Enacted Acts, Bills and Amendments · Topic 16.3
The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) are three criminal law codes enacted by Parliament in December 2023, administered by the Ministry of Home Affairs, which replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. They received assent on 25 December 2023 and came into force on 1 July 2024. BNS has 358 sections against 511 in the IPC, BNSS has 531 sections against 484 in the CrPC, and BSA has 170 sections against 167. They add offences such as organised crime, terrorism and mob lynching, and drop sedition as a separate offence.
6 min read · UPSC Prelims · Current Affairs & Government Schemes · Recently Enacted Acts, Bills and Amendments
At a Glance
- New laws BNS, BNSS, BSA (all 2023)
- Replaced IPC 1860, CrPC 1973, Evidence Act 1872
- Assent 25 December 2023
- In force 1 July 2024
- Sections BNS 358, BNSS 531, BSA 170
- Ministry Home Affairs
- Exam link UPSC Prelims, Current Affairs and Government Schemes: Recently Enacted Acts, Bills and Amendments
Where Does It Fit?
This topic is the largest overhaul of criminal law since colonial times. A later topic in the macro covers the Zero FIR and e-FIR procedure that comes from the BNSS. Previous topic: The Digital Personal Data Protection Act, 2023. Next topic: Citizenship (Amendment) Act, 2019 Assent 12 December 2019 Ministry Home Affairs Cut-off date 31 December 2014 Rules notified…">The Citizenship (Amendment) Act, 2019.
What Do the Three Codes Replace and Change?
| New law | Replaces and key changes |
|---|---|
| Bharatiya Nyaya Sanhita, 2023 | Replaces the Indian Penal Code, 1860. 358 sections. Adds organised crime (Section 111), terrorist act (Section 113), mob lynching as a form of murder (Section 103(2)), snatching, and sexual intercourse on a false promise of marriage (Section 69). Sedition is dropped, and Section 152 punishes acts endangering the sovereignty, unity and integrity of India. Community service is a new punishment for petty offences |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | Replaces the Code of Criminal Procedure, 1973. 531 sections. Brings in e-FIR and Zero FIR, mandatory forensic visit for serious offences, videography of search and seizure, trial in absentia of proclaimed offenders and timelines for investigation, charge and judgment |
| Bharatiya Sakshya Adhiniyam, 2023 | Replaces the Indian Evidence Act, 1872. 170 sections. Electronic and digital records are treated as primary evidence, with a certificate, and the scope of secondary evidence is widened |
| Passage | The first Bills of August 2023 were sent to a parliamentary standing committee, withdrawn and replaced by revised Bills, which were passed in December 2023 amid suspension of many opposition members |
| Names | Sanskrit-derived names were criticised by some states, with a view that Article 348 expects English in laws |
| Start date | 1 July 2024, with the old laws continuing for cases begun before that date |
What Procedural Reforms Do the Codes Bring?
- Zero FIR and e-FIR: an FIR can be registered at any police station irrespective of jurisdiction, or by electronic communication signed within three days, as in Zero FIR and E-FIR Provisions under the Bharatiya Nagarik Suraksha Sanhita
- Preliminary enquiry: for offences punishable with three to seven years, a preliminary enquiry of up to 14 days may be held with prior permission of a senior officer
- Forensics: forensic experts must visit the crime scene and collect evidence in offences punishable with seven years or more
- Audio-video: search and seizure must be recorded by audio-video means, and so can statements of victims in some cases
- Timelines: charges to be framed within 60 days of the first hearing on charge, and judgment within 45 days after the end of arguments, as per the BNSS
- Trial in absentia: proclaimed offenders can be tried in absence after due process and notice
- Bail: first-time offenders can be released on bail after serving one-third of the maximum sentence, as provided in the BNSS
- Attachment of proceeds: a magistrate can order attachment of proceeds of crime, which links criminal law with money laundering rules
What Else Should You Remember?
- Colonial law: the IPC was drafted under Thomas Babington Macaulay and came in force in 1862, and the CrPC and Evidence Act came from the 19th century
- Law Commission and committee: a committee on reform of criminal laws under Prof Ranbir Singh was set up in 2020, as reported
- Women and children: offences against women and children are grouped in one chapter, and gang rape of a woman under 18 is punishable with life or death
- Organised crime: covers kidnapping, robbery, vehicle theft, extortion, cyber crime and economic offences by a syndicate
- Terrorism: a terrorist act is defined in the BNS, which earlier existed only in special laws such as the Unlawful Activities (Prevention) Act, 1967
- Hit and run: a stricter penalty for causing death by rash driving and fleeing was provided, and its operation was put on hold after protests by transport workers, as reported
- Criticism: longer police custody limits, wide scope of Section 152, retention of some colonial provisions and limited debate before passage
- Supporters: argue that the codes are citizen-centred, use technology, and make timelines binding
- Implementation: states and police need training, forensic capacity and digital systems, and the courts have started to interpret the new sections
- Way forward: build forensic labs, train police and judges, publish concordance tables and review provisions after a few years of data
Why Does It Matter for the Exam?
- Replacement: IPC, CrPC and Evidence Act are replaced by BNS, BNSS and BSA
- Numbers: 358, 531 and 170 sections
- Dates: assent 25 December 2023; in force 1 July 2024
- New offences: organised crime, terrorism, mob lynching, snatching
- Common errors: saying sedition remains under its old name or that CrPC became BNS
As an analytical point, new codes can speed justice if backed by forensic capacity, trained police and digital systems. Without these, shorter timelines on paper may not reduce delay.
Why Is This Topic Important?
- Prelims Names, sections and dates are common
- Mains Criminal justice reform
- Linkage Joins police reform, forensics and digital evidence
What Came Next?
The next topic covers the law on citizenship. Next topic: The Citizenship (Amendment) Act, 2019.
Key People and Terms
- BNS Substantive criminal law
- BNSS Procedural criminal law
- BSA Law of evidence
- Zero FIR FIR at any police station
- Trial in absentia Trial without the accused present
- Community service New punishment for petty offences
Exam Corner
Points to Remember
- BNS 358, BNSS 531, BSA 170 sections.
- In force 1 July 2024; assent 25 December 2023.
- New: organised crime 111, terror 113, mob lynching 103(2).
- Sedition replaced by Section 152.
- Electronic records are primary evidence.
Do Not Confuse With
- BNS and BNSS What is a crime versus how it is investigated and tried
- BSA and Evidence Act The 2023 law versus the 1872 law it replaced
- Section 152 BNS and Section 124A IPC Offence of endangering sovereignty versus the old sedition section
Memory Hook
Penal to Nyaya, procedure to Suraksha, evidence to Sakshya, one July twenty-four.
Mains Angle
Questions ask about the aim and effect of the new codes. These points give a balanced frame.
- Aims Decolonise, speed, use technology
- Concerns Custody, Section 152, capacity
- Way forward Forensics, training and review
A Question You May Face
An original practice question, not a past paper question.
“The new criminal laws aim to make justice citizen-centred and faster. Critically examine.”
How to Answer
- Intro Name the three laws and dates.
- Merits Timelines, e-FIR, forensics, digital evidence.
- Concerns Custody, Section 152, capacity, debate.
- Way Capacity and review.
GS Relevance
Frequently Asked Questions
What are the new criminal laws of India?
They are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, all of 2023. They replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act, and came into force on 1 July 2024.
When did the BNS, BNSS and BSA come into force?
Parliament passed the three laws in December 2023, they received assent on 25 December 2023 and the Ministry of Home Affairs notified their commencement from 1 July 2024. Cases registered before that date continue under the old laws, while later offences follow the new codes.
How many sections do the new laws have?
The Bharatiya Nyaya Sanhita has 358 sections against 511 in the IPC, the Bharatiya Nagarik Suraksha Sanhita has 531 against 484 in the CrPC, and the Bharatiya Sakshya Adhiniyam has 170 against 167 in the Indian Evidence Act.
What new offences were added by the BNS?
The BNS adds organised crime, terrorist act, murder by a group of five or more on grounds such as race or caste, snatching and sexual intercourse on a false promise of marriage. Sedition is dropped, and community service is a new punishment for petty offences.
What is the latest status of the new criminal laws?
The three codes are in force, and states and courts are applying and interpreting them, with training and forensic capacity being built. Some provisions, such as the hit and run penalty, were put on hold, as reported, so current notifications and court rulings should be checked.
PYQ Practice — Statement Analysis
1 The BNS replaced the Indian Penal Code, 1860.
It has 358 sections.
2 The BNSS replaced the Indian Evidence Act.
It replaced the CrPC, and BSA replaced the Evidence Act.
3 The new criminal laws came into force on 1 July 2024.
Assent was on 25 December 2023.
4 Electronic records can be primary evidence under the BSA.
A certificate is needed.
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