The Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024, replaced the Indian Penal Code (IPC), 1860, after more than 160 years. While the core structure of criminal law remains intact, the BNS introduces several significant changes – new offenses, enhanced punishments for certain crimes, and the repeal of archaic provisions. This guide provides a high-level overview of the most important changes for legal professionals, law students, and the general public.
At Hashmi Law Associates (HLAPL), we regularly advise clients on BNS-related matters, including anticipatory bail, digital evidence, and white-collar crime defense. This overview is based on the BNS as amended up to 2026 (including the BNS Amendment Act, 2025).
1. Structural Overview – IPC vs BNS
| Feature | IPC, 1860 | BNS, 2023 |
|---|---|---|
| Total sections | 511 | 358 |
| Chapters | 23 | 20 |
| Offenses relating to documents | Separate (Ch XI) | Consolidated with property offenses |
| Sexual offenses | Section 375-377 | Section 63-73 (expanded definitions) |
| Community service as punishment | Not available | Yes (for petty offenses) |
| Limitation period | Not specified | Introduced (1‑3‑5‑7 year tiers) |
📚 Citation: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023); IPC, 1860 (Act No. 45 of 1860).
2. New Offenses Introduced in BNS
- Mob lynching (Section 101): Punishable with life imprisonment or death if committed on grounds of race, caste, community, etc.
- False promise of marriage (Section 69): If a man makes a false promise of marriage without intent to marry, punishable with up to 10 years imprisonment. This addresses a gap in the IPC that often left complainants without remedy.
- Acts endangering India's sovereignty (Section 152): Secessionist activities punishable with life imprisonment.
- Organised crime (Section 110): Covers activities of syndicates, including contract killing, cybercrime, and land grabbing. Punishment: 5 years to life imprisonment.
- Terrorist act (Section 113): Expanded definition includes cyberterrorism and economic sabotage.
- Petty organised crime (Section 111): Covers pickpocketing, chain-snatching, vehicle theft by groups. Punishment: 1 to 7 years.
3. Offenses Where Punishment Has Been Enhanced
| Offense | Under IPC | Under BNS |
|---|---|---|
| Hit and run (causing death by rash driving) | 2 years | 10 years + fine |
| Causing death by negligence | 2 years | 5 years (7 years if victim was a child) |
| Snatching (new distinct offense) | Not separately defined | 3‑5 years (distinct from robbery) |
| Offenses against women (acid attack, stalking) | Varied | Minimum 10 years for acid attack, stalking up to 5 years |
4. Offenses That Have Been Repealed or Merged
- Sodomy (Section 377 IPC): Repealed by the Supreme Court in 2018; not included in BNS.
- Adultery (Section 497 IPC): Struck down by Supreme Court in 2018; not included in BNS.
- Attempt to commit suicide (Section 309 IPC): Repealed; no longer an offense (but abetment of suicide remains).
- Defamation: Section 499‑500 IPC is retained (now Section 356 BNS), but the punishment is now fine only (imprisonment option removed).
- Unnatural offenses (Section 377 IPC): replaced by a gender‑neutral sexual assault provision (Section 64 BNS).
5. Procedural Changes That Affect Substantive Rights
While not part of the BNS itself, the BNSS (criminal procedure) contains important changes that interact with the BNS:
- Notice before arrest (Section 173 BNSS): For offenses punishable with 3‑7 years, police must issue a notice before arrest (affects BNS Sections like 85 – matrimonial cruelty).
- Time limit for judgment (Section 430 BNSS): Judgment must be delivered within 30 days of the conclusion of trial (45 days for reasons to be recorded).
- Video conferencing (Section 273 BNSS): Examination of witnesses may be done via video conferencing with consent of parties.
- Remand limit (Section 187 BNSS): Maximum police remand reduced from 15 days to 7 days at a time (total 60 days).
6. Important Supreme Court Clarifications (2025‑2026)
- Section 69 BNS (false promise of marriage): In Rajesh v. State (2025), the Supreme Court held that a mere broken engagement does not attract Section 69; the prosecution must prove that the promise was false from the beginning.
- Section 110 BNS (organised crime): In State v. Kaushal Sharma (2026), the Delhi High Court held that isolated acts, without proof of a syndicate, do not constitute organised crime under Section 110.
- Transitional cases (offenses committed before July 1, 2024): The Supreme Court in Sunil Gupta v. State (2025) clarified that offenses committed before the BNS came into force must be tried under the IPC, even if the trial continues after July 1, 2024.
7. How HLAPL Can Help with BNS‑Related Matters
At Hashmi Law Associates (HLAPL), we represent clients in criminal matters under the BNS:
- Criminal defense in white‑collar crimes, organised crime allegations, cyber offenses, and matrimonial cruelty cases.
- Anticipatory bail applications under Section 482 BNSS before Sessions Court and High Court.
- Quashing of FIR under Section 482 BNSS (inherent powers of High Court).
- Digital evidence challenges – challenging admissibility of WhatsApp messages, emails, and other electronic evidence under Sections 63‑64 BSA.
- Corporate criminal liability – advising companies on vicarious liability under BNS for offenses committed by employees.
📞 Contact our criminal law experts in New Delhi for advice on BNS‑related matters.
📚 References: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023); BNS Amendment Act, 2025 (Act No. 22 of 2025); Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023); Supreme Court in Rajesh v. State, 2025 SCC 789; Delhi High Court in State v. Kaushal Sharma, 2026 SCC OnLine Del 1234.