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New criminal laws (BNS, BNSS, BSA): what changed for businesses

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In force
Short answer

From 1 July 2024, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), all of 2023, replaced the IPC, CrPC and Indian Evidence Act. For businesses, the biggest changes are renumbered offences, e-FIRs and electronic summons, firmer timelines, and a new certificate format for electronic evidence. Offences committed earlier still run under the old laws.

The law this relies on

Bharatiya Nyaya Sanhita, 2023

Replaces IPC from 1 July 2024

Substantive offences, e.g. cheating s.318, criminal breach of trust s.316, defamation s.356.

Bharatiya Nagarik Suraksha Sanhita, 2023

Replaces CrPC from 1 July 2024

Procedure, e-FIR and zero FIR (s.173), cognisance on complaint (s.223), savings for pending matters (s.531).

Bharatiya Sakshya Adhiniyam, 2023

Replaces Indian Evidence Act from 1 July 2024

Electronic records as documents; s.63 certificate in the prescribed Schedule format.

Explained

Which old provisions map to the new codes?

Most offences carry over with new numbers. Cheating (old IPC 420) is now BNS Section 318; criminal breach of trust (IPC 405–409) is BNS 316; forgery is BNS 336 onwards; defamation (IPC 499–500) is BNS 356; criminal intimidation (IPC 503–506) is BNS 351. On the procedure side, the inherent powers of the High Court (CrPC 482) are now BNSS 528 and bail provisions sit in BNSS 478–483. Electronic-evidence admissibility (Evidence Act 65B) is now BSA Section 63.

What changed in criminal procedure?

The BNSS allows e-FIRs and “zero FIRs” registered at any police station (Section 173), permits summons and notices by electronic communication, and lets trials, evidence and hearings take place electronically. It also sets timelines — for example, judgments are generally to be pronounced within 30 days of arguments, extendable to 45. For private complaints, the Magistrate must give the accused an opportunity to be heard before taking cognisance (Section 223).

What changed for electronic evidence?

The BSA expressly treats electronic and digital records as documents and, in some situations, as primary evidence. A party relying on an electronic record under Section 63 must now file a certificate in the format in the BSA Schedule, with a part signed by the person in charge of the device and a part signed by an expert, together with a hash value of the record. Businesses that rely on emails, logs and e-signed records should keep their audit trails ready to support that certificate.

What should businesses update?

Review contracts, policies and templates that cite IPC, CrPC or Evidence Act sections — indemnity and fraud clauses, codes of conduct, POSH and whistle-blower policies, legal-notice templates and police-complaint drafts. Train in-house teams on the new numbering, keep the old references for pre-July 2024 matters (Section 531 BNSS saves pending proceedings), and update litigation trackers so each matter records which code applies.

Frequently asked questions

Do the new criminal laws apply to old cases?

Proceedings pending on 1 July 2024 continue under the CrPC, and offences committed before that date are generally tried under the IPC, subject to the savings clause in Section 531 BNSS.

What is the BNS section for cheating?

Cheating, previously IPC Section 420, is now Section 318 of the Bharatiya Nyaya Sanhita, 2023.

Is a Section 65B certificate still valid?

For matters governed by the BSA, use a Section 63 BSA certificate in the format in the BSA Schedule. Section 65B certificates remain relevant for proceedings that continue under the old Evidence Act.

Does the NI Act cheque-bounce offence change under the BNS?

No. Section 138 is in the Negotiable Instruments Act, which was not replaced. Only the general procedure moved from the CrPC to the BNSS.

This guide is general information about Indian law, not legal advice for a specific dispute, document or jurisdiction. Laws and rules change by notification; for a decision with legal or financial consequences, consult a qualified advocate.

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