Bharatiya Nyaya Sanhita (BNS) is India's new criminal code that replaced the Indian Penal Code, 1860 with effect from 1 July 2024. Enacted as Act No. 45 of 2023, the BNS comprises 20 chapters and 358 sections, modernising the substantive criminal law framework by introducing new offences such as organised crime, terrorism, and mob lynching while abolishing the colonial-era offence of sedition.
Legal definition
The Bharatiya Nyaya Sanhita, 2023 was passed by Parliament on 21 December 2023 and received Presidential assent on 25 December 2023. It came into force on 1 July 2024, replacing the Indian Penal Code, 1860 (IPC) that had governed substantive criminal law in India for over 160 years.
The long title of the Act reads: "An Act to consolidate and amend the law relating to offences and for matters connected therewith or incidental thereto."
The BNS restructures the IPC's architecture while retaining its fundamental principles. The 511 sections of the IPC have been consolidated and reorganised into 358 sections across 20 chapters. Of these, 22 sections are entirely new provisions without IPC equivalents, 175 sections have been modified, and 161 sections have been carried over with re-numbering.
Key structural changes include:
- New offences: Organised crime (Section 111), petty organised crime (Section 112), terrorist act (Section 113), mob lynching/murder by group on identity grounds (Section 103(2)), snatching (Section 304), and acts endangering sovereignty (Section 152, replacing sedition)
- Abolished offences: Sedition under the former Section 124A IPC has been removed; adultery (Section 497 IPC) and attempt to commit suicide (Section 309 IPC) were already decriminalised prior to the BNS
- Community service: Introduced as a new form of punishment under Section 4(f) for petty offences
- Gender recognition: Section 2(10) recognises "transgender" as a gender alongside male and female
- Women and children: A dedicated chapter consolidates offences against women and children with enhanced penalties, including death sentence for gang rape of minors
How courts have interpreted this term
Transitional jurisprudence (Multiple High Court decisions, 2024-2025)
Several High Courts have addressed the transitional application of the BNS. The established principle is that offences committed before 1 July 2024 are tried under the IPC, while offences committed on or after 1 July 2024 fall under the BNS. Where a chargesheet was filed under IPC provisions for a pre-commencement offence, courts have held that the trial continues under the IPC, and there is no requirement to convert charges to BNS sections.
Supreme Court observations on the new criminal laws (2024)
The Supreme Court, while hearing multiple petitions challenging the constitutionality of the three new criminal laws, has declined to stay their implementation. The Court observed that the new codes represent a legislative policy decision to modernise India's criminal justice system, and any constitutional challenge must be addressed on merits after detailed hearing.
K.S. Puttaswamy v. Union of India [(2017) 10 SCC 1]
While predating the BNS, this privacy judgment's principles directly inform interpretation of the new code's expanded surveillance and investigation powers, particularly regarding electronic evidence and digital investigation procedures that interact with the BNS framework.
Key features of the BNS
The BNS introduces several significant departures from the IPC:
- Organised crime (Section 111): Defines and criminalises organised crime for the first time, covering kidnapping, extortion, cyber-crime, and other offences committed on behalf of a crime syndicate, with punishment up to life imprisonment or death
- Terrorism (Section 113): Adds terrorism as a standalone offence within the general criminal code, previously addressed only through special legislation like UAPA
- Mob lynching (Section 103(2)): Murder by a group of five or more persons on grounds of race, caste, community, sex, language, or personal belief is punishable with life imprisonment or death
- Snatching (Section 304): A new offence addressing chain-snatching and similar property crimes involving sudden force
- Sedition abolished: Section 124A IPC (sedition) is replaced by Section 152 BNS, which criminalises "acts endangering sovereignty, unity and integrity of India" but replaces the colonial concept of "disaffection towards the government"
- Community service: Available as punishment for petty offences, marking a rehabilitative shift
Why this matters
The BNS represents the most comprehensive overhaul of India's criminal law since independence. For legal practitioners, understanding the BNS is now mandatory for any criminal practice. Every FIR registered, chargesheet filed, and charge framed for offences committed from 1 July 2024 onward must cite BNS provisions, not IPC sections.
The transitional provision is critical: the IPC continues to apply to offences committed before 1 July 2024. This means practitioners must maintain working knowledge of both codes for several years as pre-commencement cases work through the system. Citing an IPC section for a post-commencement offence, or a BNS section for a pre-commencement offence, constitutes a procedural error that can be challenged.
For ordinary citizens, the BNS affects everyday interactions with the criminal justice system. The introduction of community service as punishment, the recognition of new offences like snatching and organised crime, and the enhanced penalties for crimes against women and children all have direct practical implications.
Related terms
Companion legislation:
Key offences under BNS:
Defences:
Frequently asked questions
When did the BNS come into effect?
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, replacing the Indian Penal Code, 1860. All offences committed on or after this date are governed by the BNS. Offences committed before 1 July 2024 continue to be tried under the IPC.
How many sections does the BNS have?
The BNS contains 358 sections across 20 chapters, compared to the IPC's 511 sections across 23 chapters. This reduction reflects consolidation of overlapping provisions — for instance, nine IPC sections on counterfeiting have been merged into a single BNS section.
What new offences does the BNS introduce?
The BNS introduces organised crime (Section 111), petty organised crime (Section 112), terrorist acts (Section 113), mob lynching (Section 103(2)), and snatching (Section 304). It also introduces community service as a form of punishment and recognises electronic and digital modes for commission of existing offences.
Is sedition still a crime under the BNS?
The offence of sedition as defined under Section 124A IPC has been abolished. However, Section 152 BNS creates a new offence of "acts endangering sovereignty, unity and integrity of India," which criminalises exciting secession, armed rebellion, or subversive activities. Critics argue this provision is broader than the old sedition law, with enhanced punishment up to life imprisonment.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.