BNS, BNSS and BSA Explained: What Every Indian Citizen Should Know in 2026

BNS, BNSS and BSA Explained: What Every Indian Citizen Should Know in 2026

On 1 July 2024, India replaced three colonial-era laws that had governed its criminal justice system for over 160 years. The Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act were repealed and replaced by three new statutes:

• Bharatiya Nyaya Sanhita, 2023 (BNS) — the new penal code replacing the IPC
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — the new procedure code replacing the CrPC
• Bharatiya Sakshya Adhiniyam, 2023 (BSA) — the new evidence law replacing the Indian Evidence Act

Two years on, these laws are in full force across India, including in Chandigarh, Punjab, and Haryana. If you are ever involved in a criminal matter — as a victim, a witness, or an accused person — this guide explains what the new framework means in plain language.

Why Were the Old Laws Replaced?

The IPC was enacted in 1860. The CrPC dates from 1973 (though its origins go back further). The Indian Evidence Act was enacted in 1872. The government's stated rationale for replacing them was threefold:

1. Decolonisation — Remove laws conceived under British rule that prioritised the Crown's interests over citizens' rights.
2. Modernisation — Accommodate digital evidence, electronic records, online offences, and technology-enabled procedures.
3. Victim-centricity — Strengthen the rights of victims, who were often neglected under the old framework.

BNS vs IPC: What Changed in the Penal Code?

The BNS retains most of the IPC's offences but restructures them, renumbers the sections, and introduces several important changes.

New and revised offences:

• Organised crime (Section 111 BNS) — now explicitly defined and penalised, covering crime syndicates, extortion, land grabbing, and similar activities.
• Terrorism (Section 113 BNS) — incorporated into the main penal code for the first time.
• Petty organised crime (Section 112 BNS) — covers snatching, card skimming, and similar low-level but systematic criminal activity.
• Hit-and-run (Section 106 BNS) — introduces enhanced punishment (up to 10 years) if the driver flees the scene of a fatal accident without reporting it.
• Sexual offences — definitions of sexual assault and rape have been revised, with clearer language on consent.
• Sedition — Section 124A IPC (sedition) has been repealed. In its place, Section 152 BNS criminalises acts that endanger sovereignty, unity, or integrity of India, but with more narrowly defined language.

Practical impact for ordinary citizens: The offences that affect most people — theft, assault, cheating, criminal intimidation, defamation — remain substantively similar to the IPC. The section numbers are different, but the substance is largely the same. Your lawyer will refer to BNS sections in new cases filed after 1 July 2024, while old cases continue under the IPC.

BNSS vs CrPC: What Changed in the Procedure Code?

The BNSS governs how criminal cases move through the system — from the filing of an FIR to the conclusion of trial. Several significant procedural changes affect both victims and accused persons.

Zero FIR Under the CrPC, an FIR could only be registered by the police station having territorial jurisdiction over the area where the offence occurred. If you went to the wrong station, the police could turn you away.

Under the BNSS, any police station is obligated to register an FIR regardless of where the offence happened. This is called a Zero FIR. The FIR is then transferred to the appropriate police station. This is a major victim-friendly change, particularly in the Tricity region where offences can occur near the Chandigarh–Mohali–Panchkula borders.

Electronic and online FIR The BNSS permits electronic reporting of offences. Victims can report cognisable offences online. The police must acknowledge the complaint and record the FIR. This is particularly useful for cyber fraud, online harassment, and other offences where the victim may not be in a position to visit a police station.

Trial in absentia If an accused person who has been duly notified absconds and avoids appearing before the court, the BNSS allows the trial to proceed and conclude in their absence. This is a significant departure from the old system, where an absconding accused could indefinitely delay proceedings.

Timelines The BNSS introduces statutory timelines for various stages of the criminal process:

• Charge must be framed within 60 days of the first hearing.
• Judgment must be delivered within 45 days of the conclusion of arguments.
• Investigation in heinous offences must be completed within 90 days (extendable by court order).

Victim rights strengthened

• Victims must be informed about the progress of the investigation.
• Victims have the right to be represented by an advocate at every stage.
• The statement of a victim of rape or sexual assault must be recorded by a woman police officer in the presence of a parent or guardian.

Handcuffing rules Handcuffing during arrest is now restricted to specific categories of serious offences and must be justified in the arrest memo.

BSA vs Indian Evidence Act: What Changed in Evidence Law?

The BSA governs what can be placed before a court as evidence, and how its authenticity is established. The most important changes relate to digital and electronic evidence.

Electronic evidence is now primary evidence Under the old Indian Evidence Act, electronic records such as emails, WhatsApp messages, and CCTV footage were treated as secondary evidence — they required a certificate from the custodian and were often contested. Under the BSA, electronic records are treated on par with documentary evidence, and the rules for their admission have been simplified.

Section 63 BSA — Electronic / digital records as evidence The BSA explicitly recognises:

• Computer-generated records
• Emails
• Server logs
• Digital photographs and videos
• Voice recordings
• Electronically stored information

A court may now order the production of electronic records as part of its own motion. The certificate requirement has been streamlined.

DNA evidence and scientific tests The BSA explicitly provides for DNA evidence, forensic reports, and other scientific expert evidence. Courts are now expected to give greater weight to forensic science.

Joint trial The BSA makes it easier to try co-accused persons jointly.

Zero FIR: What It Means for You

If you are assaulted in Sector 22 Chandigarh but you live in Mohali, you can now go to your nearest police station in Mohali and register an FIR there. The Mohali police must register it as a Zero FIR and transfer it to the Chandigarh police. You do not have to travel to the jurisdictional police station first.

Similarly, if you are a victim of cyber fraud, you can file a complaint at any police station in your city. Online reporting is available at the National Cyber Crime Reporting Portal (cybercrime.gov.in).

Digital Evidence: What This Means in Court

If you are involved in a criminal case — whether as a complainant or as an accused — preserve all digital evidence immediately:

• Take screenshots of WhatsApp messages, Instagram messages, and emails with timestamps visible.
• Save call logs.
• Do not delete any messages, even if they seem minor.
• Secure CCTV footage immediately — most systems overwrite footage within 7 to 30 days.
• Preserve your phone's data — do not factory-reset a device involved in a case.

Under the BSA, this evidence can be produced before the court directly. Your advocate can also apply for court orders requiring the other party or a third party to produce electronic records.

What This Means for Victims

The new framework is significantly more victim-friendly than the old one. Key improvements:

• Zero FIR ensures no victim is turned away from any police station.
• Online complaint filing makes reporting accessible.
• Mandatory timelines reduce the ability of the accused to delay the trial indefinitely.
• Right to representation — victims can have their own advocate follow the case through every stage.
• Witness protection — provisions for concealing the identity of witnesses in serious cases.

If you are a victim of any criminal offence, you have a right to be told about the progress of the investigation, to be heard at the bail stage in serious offences, and to have a lawyer accompany you when recording your statement.

What This Means for an Accused Person

Rights of the accused are preserved and in some respects strengthened:

• Right to be informed of grounds of arrest — mandatory and must be recorded in the arrest memo.
• Right to inform a family member or friend — the police must inform one person nominated by the arrested person of the arrest and place of detention.
• Medical examination — an arrested person has the right to be examined by a medical officer.
• Right to legal representation — from the moment of arrest.
• Bail provisions — largely similar to the CrPC, with some modifications including the right to default bail if the chargesheet is not filed on time.
• Police custody — the maximum period of police remand has been extended in some serious cases, which is a concern critics of the new laws have raised.

Trial in Absentia: What You Need to Know

Under Section 356 of the BNSS, a court may proceed with and conclude a trial against an accused who has been declared a proclaimed offender (an accused who has been served notice, failed to appear, and evaded arrest). The court will appoint a counsel for the accused and proceed with the trial. A conviction in absentia is legally valid.

This means that if you are an accused person, ignoring court summons or absconding will no longer delay the proceedings indefinitely. The trial can proceed without you, and you may be convicted in your absence.

What Should You Do If You Become Involved in a Criminal Case?

If you are a victim:

1. File an FIR immediately — at the nearest police station (Zero FIR is permitted) or online at cybercrime.gov.in for cyber offences.
2. Preserve all evidence — documents, messages, photographs, medical records.
3. Engage an advocate who will protect your rights throughout the investigation and trial.
4. Request the police for a copy of the FIR — you are entitled to it free of charge.

If you are accused or suspect you may be arrested:

1. Contact a criminal lawyer immediately and before speaking to the police.
2. Do not make any statement to the police without your lawyer being present.
3. Know your right to bail — bailable offences entitle you to bail as a matter of right.
4. Do not tamper with evidence or contact witnesses.
5. Appear before the court on every date — absconding will not help your case and may result in trial in absentia.

How Tricity Law Firm Can Help

Adv. Kamal Grover has practised criminal law before the Punjab & Haryana High Court and Chandigarh District Courts for over 22 years. With the transition to the new criminal laws, understanding the new section numbers, procedure, and evidence rules is critical to protecting your rights — whether you are a victim seeking justice or an accused person seeking bail and a fair trial.

We handle:

• FIR registration and Zero FIR matters
• Bail and anticipatory bail under BNSS
• Criminal trial representation before Chandigarh District Courts
• High Court matters, including FIR quashing and bail
• Cyber crime complaints and digital evidence matters

Call +91-9814110005 or contact us online for a confidential consultation.

Frequently Asked Questions

Q: Do cases filed under the old IPC still continue under the IPC? Yes. Cases registered before 1 July 2024 continue under the IPC, CrPC, and Indian Evidence Act. The new laws apply only to offences occurring on or after 1 July 2024.

Q: Can I file a Zero FIR at a police station in a different state? Yes. The Zero FIR provision applies nationally. If you are in Delhi and the offence occurred in Chandigarh, a Delhi police station must register the Zero FIR and transfer it to the appropriate Chandigarh police station.

Q: Are the new laws in force in Chandigarh, Punjab, and Haryana? Yes. The BNS, BNSS, and BSA are Central laws in force throughout India, including in all courts in Chandigarh, Punjab, and Haryana.

Disclaimer: This article is for general information only and does not constitute legal advice. Criminal law is fact-specific — please consult an advocate for advice on your particular situation.