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ARTICLE · 17 JULY 2024

New Criminal Laws Are In Force: What's Changed?

In this update, we attempt to provide an overview of the changes brought about by these laws.

IndiaCriminal Law

The three laws i.e., 'Bharatiya Nyaya Sanhita, 2023' ("BNS") (replacing the Indian Penal Code, 1860), 'Bharatiya Nagarik Suraksha Sanhita, 2023' ("BNSS") (replacing the Code of Criminal Procedure, 1973), and the 'Bharatiya Sakshya Adhiniyam, 2023' ("BSA") (replacing the Indian Evidence Act, 1872) came into force with effect from 1st July 2024 (hereinafter collectively referred to as "new criminal laws"). In this update, we attempt to provide an overview of the changes brought about by these laws.

Applicability

It is important to bear in mind that the provisions of the new criminal laws will apply prospectively. Which means that any crime occurring until midnight of 30th June 2024 would continue to be governed by and prosecuted under the old laws. Therefore, the provisions of the old laws will remain relevant for at least some years to come until pending investigations, inquiries, trials, appeals and any connected proceedings are concluded.

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