Short answer. India has replaced three colonial-era statutes — the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 — with three new codes: the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). For existing clients, the most important practical point is that proceedings instituted before the commencement of the new codes continue under the old ones. New matters from the commencement date are filed under the new codes.
This guide sets out how the transition works in practice, what has changed in substance versus what has only changed in numbering, and answers the questions clients have been asking most often in matrimonial and criminal matters in Delhi.
The transition principle: which law applies to your case?
Each of the three new codes contains a savings provision. The effect is straightforward:
- If an FIR, complaint, or proceeding was instituted before the commencement of the BNSS — that is, while the CrPC was still the procedural law — it continues under the CrPC.
- If the underlying offence was committed under the IPC before commencement, it is tried under the IPC as the substantive law, even if procedural questions are decided under the BNSS where the BNSS has replaced the CrPC in procedure at the relevant stage.
- For new FIRs and complaints registered after commencement, the BNS is the substantive law and the BNSS is the procedural law.
- For evidentiary questions, the BSA governs trials that begin after commencement; ongoing trials under the Indian Evidence Act continue under that Act.
The practical effect: a client whose FIR under Section 498A IPC was registered in 2023 continues to be prosecuted under Section 498A IPC, and the CrPC continues to govern the trial. A client whose complaint is registered today goes under Section 85 BNS, and the BNSS procedure applies. The broad architecture — investigation, charge, trial, appeal — remains familiar; the numbers on the cover change.
What the names mean
- Bharatiya Nyaya Sanhita (BNS) — the substantive criminal law. Replaces the Indian Penal Code, 1860.
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — the procedure for criminal cases, from investigation through appeal. Replaces the Code of Criminal Procedure, 1973.
- Bharatiya Sakshya Adhiniyam (BSA) — the law of evidence in civil and criminal proceedings. Replaces the Indian Evidence Act, 1872.
Section mapping: the provisions clients ask about most
The new codes renumber sections. Numbering apart, most core provisions have been carried forward in substance. The following table sets out the commonly-asked mappings. This is a practical reference — not exhaustive — and should not be used as a substitute for looking up the text of the relevant provision in your case.
| Old provision (IPC / CrPC / Evidence Act) | New provision (BNS / BNSS / BSA) | Subject |
|---|---|---|
| Section 498A IPC | Section 85 BNS (definition of cruelty in Section 86 BNS) | Cruelty by husband or his relatives |
| Section 375 / 376 IPC | Sections 63 / 64 BNS | Rape and punishment for rape |
| Section 354 IPC | Section 74 BNS | Assault or criminal force on woman with intent to outrage modesty |
| Section 420 IPC | Section 318 BNS | Cheating and dishonestly inducing delivery of property |
| Section 506 IPC | Section 351 BNS | Criminal intimidation |
| Section 125 CrPC | Section 144 BNSS | Maintenance of wives, children, and parents |
| Section 154 CrPC | Section 173 BNSS | Information in cognizable cases (FIR) |
| Section 156(3) CrPC | Section 175(3) BNSS | Magistrate's power to order investigation |
| Section 161 CrPC | Section 180 BNSS | Examination of witnesses by police |
| Section 164 CrPC | Section 183 BNSS | Recording of confessions and statements |
| Section 173 CrPC | Section 193 BNSS | Police report on completion of investigation (chargesheet) |
| Section 200 CrPC | Section 223 BNSS | Examination of complainant on private complaint |
| Section 202 CrPC | Section 225 BNSS | Postponement of issue of process on private complaint |
| Section 436 CrPC (bailable offences) | Section 478 BNSS | Bail in bailable offences |
| Section 437 CrPC | Section 480 BNSS | Bail in non-bailable offences (Magistrate) |
| Section 438 CrPC (anticipatory bail) | Section 482 BNSS | Pre-arrest bail |
| Section 439 CrPC | Section 483 BNSS | Bail powers of High Court and Court of Session |
| Section 482 CrPC (inherent powers) | Section 528 BNSS | High Court's inherent powers (quashing, prevention of abuse of process) |
| Section 65B Indian Evidence Act | Section 63 BSA (certificate for electronic records) | Admissibility of electronic records |
| Sections 24–27 Evidence Act (confessions) | Sections 22–24 BSA | Relevancy of confessions and statements to police |
Note: the new codes reorganise subject-matter, so a single old section may have more than one corresponding provision in the new code, and vice versa. The mappings above are the ones most commonly invoked in matrimonial and general criminal practice. For any specific provision in your case, the exact text of the new code should be examined.
What has actually changed, beyond the numbering?
The new codes make three broad kinds of changes. For clients, it is worth understanding them at a high level.
1. Reorganisation and renumbering
The overwhelming majority of provisions have been carried forward in substantially the same terms, but renumbered and grouped differently. Cruelty, rape, cheating, criminal intimidation, assault, and most commonly-used offences are present in the BNS in recognisable form. Similarly, FIR registration, investigation, chargesheet, bail, and trial procedure are all present in the BNSS, broadly as they were in the CrPC.
2. Timelines and procedural efficiency
The BNSS introduces stricter timelines at various stages — for example, on registration of FIRs, completion of investigation, supply of documents, framing of charges, and disposal of interim applications. Several provisions also expressly contemplate video-conferencing for appearance of witnesses and accused, reflecting the post-pandemic shift in court practice.
3. Electronic investigation and digital evidence
Two changes are particularly relevant in matrimonial and cyber-fraud matters:
- Audio-video recording of key investigation steps — searches, seizures, and certain examinations — is now contemplated, with provisions that allow these recordings to be considered as evidence subject to authentication.
- Electronic records as primary evidence — the BSA formally recognises digital evidence on the same footing as physical documents, moving beyond the old conception of electronic records as a distinct and somewhat inferior class. The certification requirements for electronic records — historically under Section 65B of the Evidence Act — are carried forward under Section 63 BSA, and continue to be taken seriously by courts.
Common client questions
My 498A FIR is from 2022. Will the new law apply now?
No. The FIR and the trial continue under the IPC (Section 498A) and the CrPC. Orders already passed remain orders under those provisions. When the matter goes to appeal, it continues under the old framework.
I want to quash a 2023 FIR before the Delhi High Court. Which provision do I invoke?
Section 482 CrPC. The quashing petition for a pre-commencement FIR continues to be maintained under Section 482 CrPC. For FIRs registered after commencement, the equivalent petition is filed under Section 528 BNSS. The substantive standards — whether continuance of the proceedings would amount to abuse of process or whether quashing would secure the ends of justice — remain the same.
I am filing a fresh maintenance petition today. Do I file under Section 125 CrPC or Section 144 BNSS?
Under Section 144 BNSS. The substantive right is the same. The Rajnesh v. Neha affidavit framework continues to apply. Pending maintenance petitions filed before commencement remain under Section 125 CrPC.
Can I still rely on old Supreme Court judgments on Section 498A, Section 482, Section 125, etc.?
Yes, substantially. Because the BNS, BNSS, and BSA preserve the substance of the old provisions, judgments interpreting the earlier sections continue to be relevant — subject to any renumbering and any specific textual changes. Courts are likely to apply existing precedent to the corresponding new provisions where the language is materially the same.
How do I submit WhatsApp chats or call recordings in a family-court or criminal matter?
Through the electronic records framework — which under the old law was Section 65B of the Evidence Act and under the new law is Section 63 BSA. This requires a certificate from a person in a responsible position in charge of the relevant device, identifying the device, confirming that the chats or recordings were produced in the ordinary course, and certifying that the device was operating properly at the time. Courts continue to insist on this certification. In matrimonial matters where WhatsApp chats are decisive — for instance, admissions of cruelty, financial disclosures, or threats — ensuring proper Section 63 BSA certification before filing is essential. Failure to comply can lead to the entire evidentiary value of the record being disregarded.
Practical implications for clients
- Check the section label on your paperwork. If your existing matter is described in terms of "Section 498A" and "Section 125 CrPC", that is correct for a pre-commencement case. Your counsel does not need to re-label the case under the new codes.
- For new filings, the correct section numbers are the BNS / BNSS / BSA numbers.
- Old judgments remain relevant. Your lawyer can continue to rely on Supreme Court and Delhi High Court precedent on the old provisions.
- Digital evidence is taken more seriously in the new framework — both as a sword and as a shield. Cleanly prepared electronic records, with proper certification, are more admissible than ever; sloppily presented ones remain as inadmissible as before.
Have a pending matrimonial or criminal case and unclear about the transition?
An early review of which code applies to your matter, which section numbers are now in play, and what the practical consequences are can be carried out from the pleadings and orders on file.
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