Bharatiya Nyaya Sanhita, 2023
भारतीय न्याय संहिता, 2023
The new criminal code — replacing the IPC 1860 with effect from 1 July 2024
The Bharatiya Nyaya Sanhita (BNS), 2023 is the primary criminal law of India, replacing the colonial-era Indian Penal Code, 1860. It defines offences against the human body, property, State, women and children, along with prescribed punishments.
Key provisions
Sections 100–113 — Offences against the human body
Murder (Sec. 103), culpable homicide, attempt to murder, hurt and grievous hurt.
Sections 63–79 — Sexual offences
Rape, gang rape, sexual harassment, stalking, voyeurism and offences against women.
Sections 137–149 — Offences against children
Kidnapping, trafficking of children, employing children for begging.
Sections 303–334 — Offences against property
Theft, extortion, robbery, dacoity, criminal breach of trust, cheating and mischief.
Section 111 — Organised crime
New category covering syndicated criminal activity, contract killing, cyber crime as organised crime.
Section 152 — Acts endangering sovereignty
Replaces sedition (former IPC Sec. 124A) with a narrower offence targeting acts endangering unity and integrity of India.
What changed from the IPC?
BNS reduces the total number of sections from 511 (IPC) to 358, introduces community service as a punishment for petty offences, adds offences for organised crime and terrorism, expands protection for women and children, and removes several archaic sections.
How to file an FIR under BNS
Visit the nearest police station with jurisdiction over the offence. For cognizable offences the police must register an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). If refused, escalate to the Superintendent of Police or file a private complaint before the Magistrate under Section 175(3) BNSS.
Scope and applicability
The BNS defines substantive criminal offences and punishments for conduct occurring on or after 1 July 2024. Earlier conduct generally remains governed by the IPC, subject to constitutional protections against retrospective penal liability.
Key definitions
- Cognizable offence
- An offence for which police powers of arrest and investigation are governed by the BNSS classification.
- Community service
- A punishment introduced for specified offences where the statute permits it.
Practical procedure
- 1Record the date, place and facts of the alleged conduct.
- 2Use the BNS to identify the offence and the BNSS for FIR, investigation, bail and trial procedure.
- 3For a cognizable offence, report to police and retain the FIR or acknowledgment.
- 4Do not select charges only from an online summary; classification depends on facts and statutory ingredients.
Deadlines and timing
- Investigation and court deadlines arise primarily under the BNSS, not the BNS.
Old law and current law
| Earlier framework | Current position |
|---|---|
| Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 applies to offences committed from 1 July 2024, with revised numbering and several new or reorganised offences. |
Practical examples
- A 2023 allegation is not relabelled under BNS merely because proceedings continue after July 2024.
- Theft, cheating and breach of trust have different legal ingredients; a failed commercial promise is not automatically a criminal offence.
Related guides
Penalties at a glance
| Offence | Punishment |
|---|---|
| Murder (Sec. 103) | Death or life imprisonment, and fine |
| Rape (Sec. 64) | Rigorous imprisonment of 10 years to life, and fine |
| Cheating (Sec. 318) | Up to 7 years imprisonment and fine |
| Mob lynching (Sec. 103(2)) | Death or life imprisonment, and fine |
Who typically needs this
- Anyone filing or defending a criminal complaint
- Victims of assault, theft, cheating or sexual offences
- Advocates practising criminal law
- Police officers, law students and journalists
Frequently asked questions
When did BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, replacing the Indian Penal Code, 1860 for all offences committed on or after that date.
Does BNS apply to older cases?
No. Cases registered before 1 July 2024 continue to be tried under the IPC. Only offences committed on or after 1 July 2024 are prosecuted under BNS.
Is sedition still an offence in India?
The IPC offence of sedition (Sec. 124A) has been repealed. BNS Section 152 punishes acts endangering the sovereignty, unity and integrity of India, but is narrower than the earlier sedition law.
Related laws
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