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Library · Part H: Laws & the Language of Law

The Codes & Key Statutes

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1 July 2024

The New Criminal Laws

BNS, BNSS and BSA

Three laws passed in December 2023 came into force on 1 July 2024, replacing the colonial-era codes: the Bharatiya Nyaya Sanhita 2023 (BNS) replaced the Indian Penal Code 1860; the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure 1973; and the Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act 1872. Crimes committed before 1 July 2024 continue to be tried under the old laws.

  • In force from 1 July 2024.
  • BNS: 358 sections. BNSS: 531 sections. BSA: 170 sections.
Quick check: The Bharatiya Nagarik Suraksha Sanhita replaced which law?
  1. Indian Evidence Act, 1872
  2. Code of Civil Procedure, 1908
  3. Indian Penal Code, 1860
  4. Code of Criminal Procedure, 1973

Answer: D.

2023

What Is New in the BNS

Offences added and dropped

The BNS introduced or separately defined offences such as organised crime (Section 111), petty organised crime (Section 112), terrorist acts (Section 113), mob lynching (murder by a group of five or more on grounds such as caste or religion, Section 103(2)), snatching (Section 304) and sexual intercourse by deceitful means including a false promise of marriage (Section 69). It introduced community service as a punishment for some petty offences, dropped the offence of adultery and Section 377 (unnatural offences), and replaced sedition with Section 152.

  • Community service introduced as a punishment.
  • Mob lynching: Section 103(2).
Quick check: Which new form of punishment did the BNS introduce for certain petty offences?
  1. Flogging
  2. Exile
  3. House arrest
  4. Community service

Answer: D.

2023

What Is New in the BNSS

Procedure for the digital age

The BNSS allows zero FIRs and e-FIRs (Section 173), requires videography of searches and seizures, mandates forensic investigation for offences punishable with seven years or more, sets timelines for investigation and judgments, permits trial in absentia of proclaimed offenders (Section 356), allows police custody of up to 15 days to be taken in parts during the first 40 or 60 days of detention (Section 187), and provides for release of first-time undertrials after one-third of the maximum sentence (Section 479).

  • Forensic investigation mandatory for offences punishable with seven years or more.
  • Trial in absentia: Section 356.
Quick check: Under the BNSS, forensic investigation is mandatory for offences punishable with imprisonment of:
  1. Ten years or more
  2. Life or death only
  3. Three years or more
  4. Seven years or more

Answer: D.

2023

What Is New in the BSA

Electronic evidence

The Bharatiya Sakshya Adhiniyam treats electronic and digital records as documents and primary evidence, and requires a certificate for electronic records under Section 63 (formerly Section 65B of the Evidence Act, as interpreted in Anvar P.V. (2014) and Arjun Panditrao Khotkar (2020)). Most of the structure of Stephen's Evidence Act survives.

  • Section 63 BSA corresponds to Section 65B of the old Act.

1955–1956

The Hindu Code Bills

Reforming Hindu personal law

After Ambedkar's comprehensive Hindu Code Bill stalled in 1951, Parliament enacted its substance in four laws: the Hindu Marriage Act 1955 (monogamy and divorce), the Hindu Succession Act 1956, the Hindu Minority and Guardianship Act 1956, and the Hindu Adoptions and Maintenance Act 1956. They apply to Hindus, Buddhists, Jains and Sikhs.

  • Four Acts, 1955–56.
  • Apply to Hindus, Buddhists, Jains and Sikhs.
Quick check: Which of these is NOT one of the Hindu Code laws of 1955–56?
  1. Hindu Succession Act
  2. Hindu Marriage Act
  3. Hindu Adoptions and Maintenance Act
  4. Special Marriage Act

Answer: D.

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