On 1 July 2024, three new criminal codes came into force across India, replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. For most ordinary litigants, the underlying rights and procedures haven't changed as dramatically as the new names suggest — what has changed, substantially, is the section numbers. This guide is a reference point: every other guide and service page on this site links back here when it cites a "new (earlier old)" section number.
Who Needs This Guide
This guide is for anyone confused by seeing two different section numbers for what seems like the same offence or procedure — for instance, "Section 85 BNS (earlier Section 498A IPC)" — and wants to understand why, and what it means for a specific case.
The 1 July 2024 Transition Rule
The single most important thing to understand is this: the law that applies to a case is the law in force on the date the offence is alleged to have occurred and the case was registered — not the date the case is currently being heard.
- FIRs and cases registered before 1 July 2024 continue under the old codes (IPC/CrPC) for the entire life of that case — investigation, chargesheet, trial, and appeal.
- FIRs and cases registered on or after 1 July 2024 are governed by the new codes (BNS/BNSS).
There is no process to convert or "renumber" an already-pending case from the old codes to the new ones. If your case was registered in 2023, references to "Section 498A" in your case documents remain entirely correct and applicable — they are not replaced retroactively.
What the Three New Codes Are
- Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860 — this defines offences and punishments.
- Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure, 1973 — this governs the procedure for investigation, arrest, bail, and trial.
- Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act, 1872 — this governs what evidence is admissible and how it is proved.
Key Renumbering Table
The table below covers the provisions most commonly referenced across our service pages and guides:
| Subject | Old Provision | New Provision | |---|---|---| | FIR registration | Section 154 CrPC | Section 173 BNSS | | Police refuse to register FIR — SP's power | Section 154(3) CrPC | Section 173(4) BNSS | | Magistrate's power to direct FIR registration | Section 156(3) CrPC | Section 175(3) BNSS | | Recording statements during investigation | Section 161 CrPC | Section 180 BNSS | | Notice before arrest (offences up to 7 years) | Section 41A CrPC | Section 35 BNSS | | Anticipatory bail | Section 438 CrPC | Section 482 BNSS | | Regular bail — Magistrate | Sections 436/437 CrPC | Sections 478/480 BNSS | | Regular bail — Sessions/High Court | Section 439 CrPC | Section 483 BNSS | | Default/statutory bail (60/90 days) | Section 167(2) CrPC | Section 187(3) BNSS | | High Court's inherent powers (quashing) | Section 482 CrPC | Section 528 BNSS | | Maintenance (wife, children, parents) | Section 125 CrPC | Section 144 BNSS | | Cruelty by husband/relatives ("498A") | Section 498A IPC | Sections 85–86 BNS |
This table is not exhaustive, but it covers the provisions most relevant to the criminal and family matters discussed elsewhere on this site.
Practical Implications for Someone Filing Today
For a person filing an FIR or facing a criminal matter today (i.e., in a case registered on or after 1 July 2024), a few practical points follow from the new framework:
- FIR registration is now under Section 173 BNSS. The underlying rights — a free copy of the FIR, the right to escalate to the SP or Magistrate if police refuse to register it — remain the same in substance.
- e-FIR filing for certain categories of offences has clearer statutory recognition under the new framework, though the categories and verification requirements are still specific and should be checked against current police guidance rather than assumed to cover every offence.
- Default bail timelines are now calculated under Section 187(3) BNSS, with the same 60/90-day structure as the earlier Section 167(2) CrPC.
- Emphasis on timelines — the new procedural code places renewed emphasis on time-bound investigation and trial stages, though how this plays out in practice varies by case and court.
Old Cases Continue Under Old Codes — This Bears Repeating
Because this is the single most common point of confusion: if your case, or a family member's case, was registered before 1 July 2024, nothing about that case needs to change or be "updated." The old codes continue to apply for that case's full duration, including any appeal. The new codes only govern conduct occurring, and cases registered, on or after the transition date.
When to Involve an Advocate
If you are unsure which code applies to your specific case — for instance, where the alleged conduct spans a period before and after 1 July 2024, or where an FIR was registered late relative to when the offence allegedly occurred — this is a question worth clarifying with an advocate early, since it affects which provisions, bail framework, and procedural rights actually govern the case. See our guides on bail process in Lucknow courts, FIR filing in Lucknow, and rights during arrest for how these renumbered provisions apply in practice. Advocate Sourabh Rawat handles matters under both the old and new codes, depending on when each case was registered, before the courts in Lucknow.