On July 1, 2024, India quietly rewrote its criminal justice history.
Three laws that had governed every arrest, every FIR, every trial, and every conviction since 1860 were replaced overnight. The Indian Penal Code. The Code of Criminal Procedure. The Indian Evidence Act.
Gone.
In their place came three new laws with Sanskrit names most Indians have never heard:
The Bharatiya Nyaya Sanhita (BNS). The Bharatiya Nagarik Suraksha Sanhita (BNSS). The Bharatiya Sakshya Adhiniyam (BSA).
And here is the uncomfortable truth — most Indians, and even many legal practitioners, are still navigating this transition in the dark.
As an advocate practising at the Delhi High Court, I see this confusion every single day. Clients walk in quoting IPC sections that no longer exist. Police officers file FIRs under old provisions. Even court filings sometimes carry ghost references to a legal framework that has been formally buried.
This article is my attempt to cut through that confusion — plainly, practically, and without jargon.
Why This Matters To You — Even If You’ve Never Seen A Courtroom
You may think criminal law is only for criminals. It is not. Criminal law governs:
— What happens if someone files a false complaint against you
— Whether you can be arrested without a warrant
— How long police can hold you without producing you before a magistrate
— Whether your WhatsApp messages can be used as evidence in court
— What your rights are if you are accused of anything — from a road accident to a workplace dispute
These are not abstract legal questions. These are situations that can happen to anyone. And under the new laws, the answers have changed in ways that matter deeply.
The Three New Laws — What They Replaced And Why It Matters
1. Bharatiya Nyaya Sanhita (BNS) — Replaces the Indian Penal Code, 1860
The IPC was drafted by Lord Macaulay for a colonial administration — written to govern a subject population, not free citizens of a democratic republic. The BNS retains much of the IPC’s substance but makes several critical changes.
Sedition is gone — but “terrorism” is broader.
The infamous Section 124A (sedition) has been removed. However, Section 152 BNS introduces a new provision penalising acts that “endanger sovereignty or unity of India.” Courts will determine its precise scope — and that litigation is already underway.
Organised crime is now codified.
For the first time in India’s main criminal code, organised crime syndicates, gang activity, and economic offences by crime networks have a dedicated provision under Section 111 BNS.
Hit-and-run attracts harsher punishment.
Under Section 106(2) BNS, a driver who causes death by negligence and flees without reporting to authorities faces up to 10 years imprisonment — a provision that triggered nationwide protests and remains a live legal issue.
Community service as punishment.
For the first time, Indian criminal law formally recognises community service as a sentence for minor offences — a progressive shift toward restorative justice.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS) — Replaces CrPC, 1973
The CrPC governed how the criminal justice machinery operated — arrests, bail, trials, appeals. The BNSS keeps much of this architecture but introduces changes that directly affect your fundamental rights.
Police remand extended.
Under the old CrPC, accused persons could be sent to police custody for a maximum of 15 days. Under Section 187 BNSS, police custody can now be taken in instalments across the entire 60 or 90-day investigation period — a significant expansion of police power that has drawn serious criticism from civil liberties advocates.
Trials in absentia.
Under Section 356 BNSS, courts can now proceed with trial and pass conviction even if the accused is a proclaimed offender who has fled — a major departure from traditional criminal procedure.
Mandatory videography of crime scenes.
Search and seizure operations must now be videographed — a positive reform creating accountability and protecting both accused and investigators.
Timelines for trials and judgments.
The BNSS introduces specific timelines — judgments must be delivered within 45 days of arguments concluding. Whether overburdened courts will meet these timelines remains to be seen.
Zero FIR — now statutory.
The long-standing practice of filing a Zero FIR at any police station regardless of jurisdiction has been formally codified. Victims can now file a complaint anywhere without being turned away.
3. Bharatiya Sakshya Adhiniyam (BSA) — Replaces the Indian Evidence Act, 1872
The Indian Evidence Act was perhaps the most technically refined of the three old laws. The BSA largely preserves its structure but makes one transformative update.
Electronic evidence is now primary evidence.
Under the BSA, electronic records — WhatsApp messages, emails, CCTV footage, digital documents — are treated as primary evidence, not secondary evidence requiring special authentication. In a world where most communication is digital, this is a game-changing shift in how courts evaluate proof.
Joint trials for joint offences.
The BSA clarifies and expands provisions for joint trials where multiple accused persons face connected charges — particularly relevant in organised crime and corporate fraud matters.
Five Things Every Citizen Must Know
- Check which law applies to your case. If your FIR was registered before July 1, 2024, your case continues under the old IPC and CrPC. If filed after, the BNS and BNSS apply. This distinction matters enormously for section numbers, punishments, and your procedural rights.
- Your digital communications are evidence. Under the BSA, WhatsApp messages, emails, and voice notes are primary evidence. Exercise caution — digital communications routinely appear before courts today.
- Your right to a lawyer begins at the moment of arrest. Under Article 22 of the Constitution and Section 303 BNSS, you have the right to be defended by a legal practitioner of your choice from the moment of arrest. Do not waive this right under any circumstances.
- Bail law has evolved — know your new rights. The BNSS introduces a revised framework for bail, including provisions benefiting undertrial prisoners in long-pending cases. New grounds for bail applications may now be available.
- FIRs can now be filed online. Section 173 BNSS formally enables e-FIRs for certain categories of offences. Several states have begun implementation. Know your options before approaching a police station.
What This Means For Delhi High Court Practice
As advocates and litigants in Delhi, we are at the front lines of this legal transition. The Delhi High Court has already received petitions challenging various provisions of the new laws. Several critical questions remain to be judicially settled:
— Whether Section 187 BNSS’s expanded police remand provisions withstand scrutiny under Articles 21 and 22 of the Constitution
— The precise scope of Section 152 BNS’s “endangering sovereignty” provision in relation to freedom of speech and expression
— The enforceability of mandatory timelines for judgments across the district judiciary
These are not academic debates. They are live questions being argued before courts today — questions whose answers will shape the rights of millions of Indians for decades to come.
A Closing Observation
The transition to the new criminal laws has not been seamless. Lawyers have needed to relearn section numbers memorised over careers. Police officers have required retraining. Courts have updated their cause lists and software systems.
But beneath the administrative friction lies a genuine opportunity — to build a criminal justice system that is faster, fairer, and rooted in the values of a modern democratic India rather than a colonial administrative machinery.
Whether the new laws deliver on that promise will depend not merely on what is written in the statute books — but on how courts, advocates, and citizens engage with them.
