On 1 July 2024, India's criminal justice framework underwent its most sweeping transformation since independence with the commencement of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code, 1860 (IPC). Simultaneously, 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. Together, these three enactments constitute the most comprehensive overhaul of criminal law in Indian history, replacing colonial-era statutes that had governed the country for over 160 years. The BNS, which is the substantive criminal law replacing the IPC, contains 358 sections (compared to the IPC's 511 sections) and introduces several new offences, redefines existing ones, and recalibrates the sentencing framework.
Key Structural Changes: The BNS reorganises the structure of criminal offences with the stated objective of prioritising crimes against the body, crimes against women and children, and crimes against the State at the forefront, as opposed to the IPC which began with offences against the State. The nomenclature has been changed entirely — for instance, Section 302 of the IPC (murder) is now Section 101 of the BNS, Section 376 of the IPC (rape) is now Section 63 of the BNS, and Section 420 of the IPC (cheating) is now Section 316 of the BNS. Legal practitioners, law enforcement officers, and citizens are required to familiarise themselves with this entirely new numbering system.
New Offences Introduced by the BNS: Several offences that had no counterpart in the IPC have been introduced. Section 69 of the BNS criminalises sexual intercourse by deceitful means — where a man has sexual intercourse with a woman by making a false promise of marriage or employment or promotion or by inducing her through the suppression of identity. This is a new standalone offence carrying a punishment of up to ten years and a fine. Section 111 introduces "organised crime" as a specific offence for the first time in Indian substantive criminal law, defining it to include activities like kidnapping for ransom, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, and cyber crimes carried out on behalf of a crime syndicate. The punishment extends to life imprisonment and a fine of not less than ten lakh rupees, and in cases resulting in death, the death penalty or life imprisonment may be imposed. Section 112 introduces "petty organised crime" covering offences such as theft, snatching, pickpocketing, and selling of public examination question papers by organised groups, punishable with imprisonment between one and seven years. Section 113 creates the offence of "acts of terrorism" within the BNS framework, covering acts intended to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror in the people. This was earlier dealt with primarily under the Unlawful Activities (Prevention) Act, 1967.
Significant Changes from the IPC: The BNS introduces community service as a form of punishment for several petty offences, which is a progressive departure from the IPC's exclusive reliance on imprisonment and fines. Section 4(f) includes community service alongside death, imprisonment for life, imprisonment, forfeiture of property, and fine as forms of punishment. For example, Section 202 (petty theft) and Section 209 (criminal breach of trust involving a small amount) may result in community service orders. The BNS raises the age of criminal responsibility to the standard established under the Juvenile Justice Act — a child below seven years is conclusively presumed to be incapable of committing an offence, while a child between seven and twelve years is presumed incapable unless the contrary is shown.
Crimes Against Women and Children — Enhanced Protections: The BNS significantly strengthens provisions relating to crimes against women. Section 63 (rape) retains the structure of the former Section 376 of the IPC but expands the scope in certain respects. Section 64 provides for enhanced punishment for aggravated rape — gang rape, rape by a person in authority, rape of a woman below sixteen years, and rape of a woman incapable of giving consent attract a minimum sentence of twenty years extendable to life imprisonment, and in certain cases, the death penalty. Section 65 introduces punishment for rape of a woman below twelve years with a minimum of twenty years rigorous imprisonment extendable to death. Section 66 introduces a new offence of committing rape during a communal or sectarian violence, punishable with rigorous imprisonment of not less than twenty years extendable to life imprisonment. Section 69, as noted above, specifically criminalises sexual intercourse obtained through deceitful promises. Section 74 enhances the punishment for assault on a woman with intent to disrobe, and Section 75 addresses voyeurism. Section 76 deals with stalking with enhanced penalties for repeat offenders.
Sedition Replaced by Section 150 — Endangering Sovereignty: One of the most significant changes is the replacement of the controversial colonial-era sedition law (Section 124A of the IPC). The BNS replaces it with Section 150, which criminalises acts that endanger the sovereignty, unity, and integrity of India. The new provision shifts the focus from "exciting disaffection towards the government" (the old sedition standard) to acts that "excite or attempt to excite secession, or armed rebellion, or subversive activities, or encourage feelings of separatist activities, or endanger the sovereignty or unity and integrity of India." This change was necessitated after the Supreme Court in S.G. Vombatkere v. Union of India (2022) effectively suspended the application of Section 124A, observing that the colonial-era provision was ripe for reconsideration.
Technology and Modern Evidence Under BNSS and BSA: While the BNS deals with substantive offences, the procedural changes under the BNSS and evidentiary reforms under the BSA complement it significantly. The BNSS mandates videography of search and seizure proceedings, allows for trials and appeals through electronic means, and introduces a provision for mandatory forensic investigation in offences punishable with seven or more years. The BSA, replacing the Indian Evidence Act, recognises electronic and digital records as primary evidence rather than secondary evidence, which is a paradigm shift in how digital evidence is treated in Indian courts.
Impact on Practitioners and Citizens: For legal practitioners, the transition requires a fundamental reorientation — memorising new section numbers, understanding new offences, and adapting to a restructured sentencing framework. For citizens, the core principles remain familiar, but there are new rights and protections, particularly for women, children, and victims of organised crime. Law Forum India is committed to demystifying these new laws for the general public. We have conducted several workshops in Bengaluru explaining the key changes from the IPC to the BNS, helping citizens understand how the new law affects their rights and obligations in everyday situations.