New Criminal Laws 2026 — BNS, BNSS, BSA Replacing IPC, CrPC, Evidence Act
Three new criminal laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA) — replaced IPC, CrPC and Evidence Act from 1 July 2024. Key changes for citizens explained in 2026.
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Summary. Three new criminal laws — Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023 — came into effect on 1 July 2024, replacing the colonial-era Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 respectively. Two years on, the practical changes most relevant to ordinary citizens are: electronic FIR (e-FIR) for offences with up to 7 years imprisonment, time-bound trial deadlines (60 days for charge-sheet, 90 days for completion of evidence in summons cases), video-conference recording of statements, community service as a new sentence option, and digital evidence’s expanded admissibility. The three laws together form the most sweeping criminal-law reform since 1973.
What replaced what
| Old | New | Year |
|---|---|---|
| Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita (BNS), 2023 | Effective 1 July 2024 |
| Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 | Effective 1 July 2024 |
| Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam (BSA), 2023 | Effective 1 July 2024 |
The laws were passed by Parliament in December 2023 and notified for implementation effective 1 July 2024. Cases registered under the old codes before that date continue under those codes; new FIRs from 1 July 2024 onwards are under the new codes.
Headline changes for citizens
1. Electronic FIR (e-FIR / Zero FIR digital)
Under BNSS Section 173, any cognisable offence can be reported via electronic communication (email, designated portal, mobile app). Zero-FIR (i.e., FIR registered at any police station regardless of jurisdiction) is now a digital, automated process. The complainant must sign physically within 3 days for confirmation.
For offences with imprisonment up to 7 years, the police must conduct a preliminary inquiry within 14 days before formally registering the case (BNSS 173(3)) — addressing concerns about frivolous complaints.
2. Time-bound trials
| Stage | Old (CrPC) | New (BNSS) |
|---|---|---|
| Charge-sheet filing | No fixed deadline | 60 / 90 days depending on offence |
| Magistrate to take cognisance | Discretionary | 14 days of charge-sheet receipt |
| Framing of charges | Discretionary | 60 days from first hearing |
| Judgment (summons cases) | No fixed deadline | 45 days from completion of evidence |
| Plea-bargaining decision | Discretionary | 30 days from filing |
3. Video-conferencing for statements
Statements under Section 161 (witness statements before police) and Section 164 (statements before magistrate, including sexual-offence victims) can now be recorded via video-conferencing — a major relief for victims, witnesses living in different cities, and Indians abroad.
4. Community service as a new punishment
For 6 minor offences (defamation, attempt to commit suicide, public nuisance, and others), community service is introduced as a sentence option — typically 1 month of unpaid public-utility work, supervised by the District Probation Officer.
5. Mob lynching and organised crime — new specific sections
- BNS Section 103(2) — mob lynching causing death: minimum 7 years imprisonment, extendable to life or death.
- BNS Section 111 — organised crime: 5+ years imprisonment with fine up to ₹5 lakh.
- BNS Section 112 — petty organised crime: 1–7 years.
6. Terrorism — defined under general criminal law
Earlier, terrorism was defined only in special laws (UAPA, TADA, POTA). BNS Section 113 now includes terrorism as a general criminal offence — enabling regular police to register and investigate.
7. Sedition replaced
The colonial-era Section 124A IPC (sedition) has been replaced by BNS Section 152 — “acts endangering sovereignty, unity and integrity of India”. Punishment: up to life imprisonment. Critics argue the new section is broader; supporters say it is more precisely defined.
8. Digital evidence — full admissibility
BSA Section 61–65 treats electronic records as primary evidence (no longer secondary). WhatsApp chats, email, voice notes, social-media posts, GPS data — all directly admissible without complex authentication procedures.
9. Forensics mandatory for serious offences
For all offences with 7+ years imprisonment, the BNSS mandates mandatory forensic-team visit to the crime scene. The National Forensic Sciences University (NFSU) is expanding capacity to handle this.
10. Police custody up to 60 days
Earlier maximum police custody was 15 days. BNSS Section 187 allows police custody for up to 60 days within the first 60-day window for offences with 7+ years; or 90 days for capital / 10+ year offences. Critics argue this expands custodial powers; supporters say it allows more thorough investigation.
What hasn’t changed
| Feature | Status |
|---|---|
| Bail principles | Largely the same — Section 437/438/439 of CrPC mapped to BNSS |
| Right to legal representation | Continues — Article 22 + BNSS provisions |
| Appeals to High Court / Supreme Court | Same hierarchy |
| Death penalty | Continues for 11 specific offences |
| FIR registration process | Same — but now also electronic |
| Marathon trial system in subordinate courts | The structural backlog remains a major concern; time-bound deadlines depend on judicial capacity |
Implementation challenges
Two years into the new laws (as of mid-2026), implementation hurdles remain:
| Challenge | Status |
|---|---|
| Police training on new law | ~78% of constables trained; refresher cycles ongoing |
| State High Court rules update | 14 of 25 High Courts have notified BNSS rules; rest still adapting |
| Forensic capacity | NFSU expanding from 5 to 12 campuses by 2027 |
| Court IT infrastructure for time-bound trials | E-Courts Phase III rollout in progress |
| Public awareness | Below 40% of citizens know section numbers under new codes |
Frequently asked questions
1. When did the new criminal laws come into effect?
2. Can I file an FIR online under the new law?
3. What is community service punishment?
4. How does the time-bound trial work?
5. What happened to the sedition law?
6. Is digital evidence directly admissible now?
7. Can police hold me for 60 days now?
8. Will my pending case under IPC be re-registered under BNS?
Official links
Disclaimer. SarkariBaba is an independent information publisher. Always consult a qualified legal practitioner for case-specific advice; the new criminal laws are still being interpreted by appellate courts.
