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.