Reading BNS, BNSS and BSA alongside the old codes

Which code applies

The Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) came into force on 1 July 2024, replacing the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.

For offences, the starting point is the law in force on the date of the offence: an offence committed before 1 July 2024 is still charged under the IPC. For procedure, the BNSS saves what was already pending: an appeal, application, trial, inquiry or investigation pending on that date continues under the old Code.

¶ BNSS s.531Savings for pending proceedings

How sections map across

Numbers moved. Much of the text did not. A few of the sections practitioners reach for most often:

Where the language is carried over, judgments on the old section remain the natural starting point for reading the new one.

What this means for research

Research now has to search both numbers. A question framed under BNS s.318 needs the judgments decided under IPC s.420, and a lawyer needs to see which is which.

A judgment on the old section is an authority on the new one only as far as the language is the same. Compare the text before you rely on it.

Three checks before you cite

1. Date — when was the offence committed, and when did the proceeding begin?
2. Text — is the new provision worded the same as the old one, or did it change?
3. Treatment — has the authority been followed, distinguished or overruled since?

General information, not legal advice. Check the current text of the Act and the judgments before you rely on any of it.