The BNS, BNSS and BSA were notified after receiving Presidential assent.
Criminal Law Update
BNS, BNSS and BSA: India's New Criminal Laws in Force from 1 July 2024
India's three principal new criminal-law statutes-the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA)-came into force on 1 July 2024. They replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 for matters governed by the new regime, subject to statutory savings and transitional provisions.
Bharatiya Nyaya Sanhita, 2023
Act 45 of 2023. It is the principal substantive criminal law replacing the Indian Penal Code, 1860 under the new legal framework.
Bharatiya Nagarik Suraksha Sanhita, 2023
Act 46 of 2023. It replaces the Code of Criminal Procedure, 1973 for criminal procedure under the new regime.
Bharatiya Sakshya Adhiniyam, 2023
Act 47 of 2023. It replaces the Indian Evidence Act, 1872 for the law of evidence under the new regime.
Commencement of the new criminal laws
The three Acts received Presidential assent in December 2023. The Central Government subsequently issued commencement notifications dated 23 February 2024 appointing 1 July 2024 as the date on which the new criminal-law framework would come into operation.
The position stated by the Ministry of Home Affairs remains that the BNS, BNSS and BSA have been in force since 1 July 2024, subject to the specific exception relating to section 106(2) of the BNS.
Current exception: BNS section 106(2) has not been brought into force. The corresponding entry relating to section 106(2) in the First Schedule to the BNSS is also excluded from commencement. The Ministry of Home Affairs continued to record this position in its 2025-26 Annual Report.
What changed from 1 July 2024?
From 1 July 2024, the criminal-law system began operating under the BNS, BNSS and BSA for matters falling within their scope. The change was not merely a renumbering exercise: the new statutes reorganised substantive offences, criminal procedure and evidentiary rules, while introducing several new concepts and procedural mechanisms.
At the same time, older cases and proceedings are not automatically erased. The repeal and savings provisions contained in the new statutes preserve specified rights, liabilities, investigations, trials, proceedings and other legal consequences arising under the earlier enactments. Whether the old or new law applies therefore depends on the facts, the date of the alleged offence or proceeding, and the relevant transitional provision.
Key features of the BNS, BNSS and BSA
Bharatiya Nyaya Sanhita, 2023 (BNS)
The BNS is the principal penal statute under the new framework. It reorganises offences and punishments, introduces or expressly recognises certain new categories of criminal conduct, and replaces the IPC structure for offences governed by the BNS after commencement.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
The BNSS governs criminal investigation, arrest, bail, inquiry, trial, appeals and other procedural matters under the new regime. It also contains provisions intended to expand the use of electronic processes and technology in criminal procedure.
Bharatiya Sakshya Adhiniyam, 2023 (BSA)
The BSA governs relevancy, admissibility and proof of evidence. It places particular emphasis on electronic and digital records and modernises the terminology of the earlier Evidence Act framework.
Original June 2024 announcement
Before commencement, Union Law Minister Arjun Ram Meghwal stated in June 2024 that the Central Government was not reconsidering the decision to implement the three new criminal laws from 1 July 2024. At that time, lawyers, academics and other stakeholders had raised concerns and sought postponement of the implementation date.
The commencement date nevertheless remained unchanged, and the laws came into force on 1 July 2024 in accordance with the Central Government notifications.
Implementation and training
The Ministry of Home Affairs issued advisories and undertook training and awareness measures for police, prison personnel and other stakeholders before and after commencement. The Government has also continued implementation work under provisions of the BNSS, including measures concerning undertrial prisoners.
Timeline
The Central Government issued commencement notifications appointing 1 July 2024 as the operative date, subject to the stated exception.
The BNS, BNSS and BSA came into force across India under the new criminal-law framework.
The Ministry of Home Affairs continued to state that BNS section 106(2) and the corresponding BNSS First Schedule entry had not been brought into force.
Practical point for readers
When checking a criminal-law issue after 1 July 2024, do not assume that every reference to the IPC, CrPC or Evidence Act has become irrelevant. The applicable statute can depend on when the alleged offence occurred, when the proceeding commenced and how the savings provisions apply. For current legal work, the official text of the relevant statute and the latest judicial interpretation should always be checked.