Effective: 1 July 2024 | Category: Criminal Law | Status: In force -- the current governing criminal statutes; the IPC/CrPC/Evidence Act no longer apply to offences from this date forward.
Effective 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act -- renumbering and reorganizing most offences and procedure while introducing changes including electronic FIR filing, mandatory forensic investigation for serious offences, and statutory time limits for investigation and trial.
What changed
The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 as India's substantive
criminal code; the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure,
1973 governing investigation and trial procedure; and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced
the Indian Evidence Act, 1872 governing what evidence courts can consider. Most offences carry forward in
substance under new section numbers -- for example, murder moved from IPC Section 302 to BNS Section 103 --
alongside genuine additions like a specific offence for organized crime and terrorist acts, and procedural
changes including mandatory audio-video recording of search and seizure, electronic filing of a complaint
about a cognizable offence (Zero FIR from anywhere in India, filed online), compulsory forensic investigation
for offences punishable by seven years or more, and statutory time limits for completing investigation,
framing charges, and pronouncing judgment.
Why it matters for NRIs
NRIs are directly affected by two changes in particular: the electronic/Zero FIR provision under the
BNSS makes it meaningfully easier to report a cognizable offence in India -- including cybercrime,
property fraud, or forged POA use -- without physically being present at an Indian police station, and the
new statutory time limits for investigation and trial give NRI litigants (whether complainants or accused) a
more predictable timeline for a matter proceeding while they are abroad. NRIs should also note that any
provision, contract, or advisory that cites an IPC or CrPC section number for conduct occurring on or after
1 July 2024 is citing a superseded law; the correct current reference is the corresponding BNS or BNSS
section.
Articles on this platform affected by this change
This platform's Criminal Law hub and its four cluster articles --
Property & Economic Offences,
Criminal Procedure & Trial Process,
Offences Against the Person, and
Bail & Anticipatory Bail -- were all written to
reflect the BNS/BNSS/BSA framework already in force, along with several other practice-area articles across
this platform that reference specific criminal offences in passing.
Does the Indian Penal Code still apply to any offences after 1 July 2024?
The IPC continues to govern offences committed before 1 July 2024 for the purposes of ongoing
prosecutions relating to that earlier conduct, but the Bharatiya Nyaya Sanhita is the governing law for
conduct occurring on or after that date.
Can an NRI file a police complaint in India without being physically present?
The Bharatiya Nagarik Suraksha Sanhita's provision for electronic filing of information about a cognizable
offence makes this meaningfully more practical than before, though the specific procedure and any required
follow-up should be confirmed with the relevant police authority or an India-based advocate.
Where can I find the correct current section number if I only know the old IPC section?
Official concordance tables mapping IPC sections to their BNS equivalents are published by the Ministry of
Home Affairs and widely available; when in doubt, an India-based advocate can confirm the exact corresponding
provision for a specific matter.
