New Criminal Laws in India (BNS, BNSS, BSA 2023) — Sections & Your Rights

What changed when the IPC became the BNS

Three statutes replaced the colonial-era codes: the Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita 2023 replaced the Criminal Procedure Code, and the Bharatiya Sakshya Adhiniyam 2023 replaced the Indian Evidence Act. For most everyday offences the substance carried over largely intact while the numbering changed completely, which is the practical difficulty — cheating moved from IPC 420 to BNS 318, criminal breach of trust from IPC 406 to BNS 316, and anticipatory bail from CrPC 438 to BNSS 482. Citing the old number is not fatal but it marks a document as out of date, and search results, older articles and much online advice still use the old numbering. Alongside the renumbering came genuine procedural changes, including timelines intended to speed cases up and expanded provision for electronic records and audio-video recording at several stages. Which code applies to a given case depends on when the offence occurred, not on today's date, so matters that began under the old codes continue under them — a distinction that matters if you are reading about a case rather than living one.

Your rights around an FIR and an arrest

For a cognizable offence the police are obliged to register an FIR, and refusing is not within their discretion. If a police station refuses, the escalation route is written: send the substance of the information in writing to the Superintendent of Police, and beyond that a magistrate can direct registration. Get an acknowledgement of anything you submit, and keep a copy — the paper trail is the whole point. On arrest, several protections apply and are worth knowing before you need them: you are entitled to be told the grounds of arrest, to have someone of your choosing informed, to meet a lawyer, and to be produced before a magistrate within 24 hours excluding travel time. The Supreme Court's decision in Arnesh Kumar v. State of Bihar is the one most often relied on in practice: for offences punishable up to seven years, police are expected to issue a notice of appearance rather than arrest automatically, and to record reasons where they do arrest. That does not make arrest impossible, but an arrest made without those reasons is open to challenge. The single most useful discipline in the first hours is to avoid giving a detailed statement before you have spoken to a lawyer — not because silence looks good, but because an account given under stress and later corrected is harder to explain than one given once, carefully.

Bail, and what a real defence looks like

Bail is the ordinary position and detention the exception, but the route depends on timing. Before arrest, where there is a reasonable apprehension of it, the remedy is anticipatory bail under BNSS 482, which can be sought from the Sessions Court or the High Court and may be granted with conditions such as cooperating with the investigation or not leaving the country. After arrest, regular bail is applied for before the court having jurisdiction. Whether an offence is bailable or non-bailable changes the starting point rather than the outcome: bail in a bailable offence is a matter of right, while in a non-bailable one it is at the court's discretion, weighed against flight risk, the possibility of tampering with evidence and the gravity of the allegation. A serious defence is built from specifics rather than assertions. Procedural lapses matter — a defective FIR, an arrest without recorded reasons, absent notice, a seizure without the required witnesses, delay that is unexplained. So does the evidence's own weakness, and so does limitation, which bars prosecution for many lesser offences after a defined period. Gather documents, messages and contemporaneous records early, before memory and access degrade. What no defence can survive is fabricated evidence, a false statement on oath, or absconding — each converts a defensible case into a much worse one.

Cheque bounce, and the private complaints most people actually meet

Far more people encounter the criminal process through a cheque dishonour than through anything in the BNS. Section 138 of the Negotiable Instruments Act 1881 is unaffected by the new codes and continues unchanged, and it runs on a chain of deadlines that is unforgiving because each step starts the next one. The cheque must be presented within its validity. On dishonour for insufficient funds or a closed account, the payee has 30 days from the bank's return memo to send a demand notice. The drawer then has 15 days to pay. Only if that period passes without payment does a cause of action arise, and the complaint must then be filed within one month of that point. Miss any link and the complaint is liable to be dismissed on limitation regardless of the underlying debt, which is why the practical advice is to diarise the dates the moment a cheque bounces. From the drawer's side, payment within the 15-day window ends the matter entirely — the offence is not complete until that period expires. It is a compoundable offence, so settlement remains available at later stages too, and courts generally encourage it.

What to do in the first twenty-four hours

The early decisions matter more than they feel like they do. Write down what happened while it is fresh, with dates, times, places and who was present — memory degrades quickly and reconstructed detail is easy to attack later. Preserve rather than curate: messages, call logs, emails, bank entries, CCTV where you can request it before it is overwritten, and medical records where relevant. Do not delete anything, including material you think is unhelpful, because deletion is itself an allegation waiting to be made. Take copies of every document you are given or asked to sign, and read what you sign. If you are asked to attend a police station, going with a lawyer is normal and not an admission of anything. Tell your lawyer the unflattering parts first; a defence built on a partial account fails at the worst possible moment. And be careful with what you put in writing to the other side, or online — apologies, explanations and social media posts made to defuse a situation are routinely produced later as admissions.

Ways a case ends before trial

Not every criminal case runs to a verdict, and knowing the exits is part of understanding your position. Limitation bars prosecution for many lesser offences once a defined period has passed from the date of the offence, with the period scaling to the maximum punishment — it does not apply to the most serious offences, but it disposes of a great many minor ones. A High Court can quash proceedings under its inherent powers where the complaint, taken entirely at face value, discloses no offence at all, or where the process is being used for an obviously improper purpose; that is a high bar and not a general appeal against a weak case. Many offences are compoundable, meaning the complainant and the accused can lawfully settle, with the court's permission where the statute requires it — cheque dishonour under section 138 is the everyday example, and courts encourage settlement there. Matters that are essentially civil disputes dressed as criminal complaints, which is common in commercial fallings-out, are frequently ended on that basis. A discharge application can also succeed at the framing-of-charge stage where the material does not support a charge, which is earlier and cheaper than acquittal after a full trial.

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Frequently asked questions

What are BNS, BNSS and BSA?

They are India's new criminal codes (effective 1 July 2024) replacing the IPC, CrPC and Indian Evidence Act respectively. Many section numbers changed, so cite the new code.

What is the BNS section for cheating?

Cheating, earlier IPC 420, is now broadly covered under BNS Section 318. Always confirm the exact sub-section for your facts.

How do I apply for anticipatory bail?

Anticipatory bail is now under BNSS Section 482 (earlier CrPC 438). A lawyer files the application in the Sessions Court or High Court. Describe your case to the AI Advocate for the steps.

Can the police refuse to register my FIR?

Not for a cognizable offence — registration is an obligation, not a discretion. If a station refuses, send the information in writing to the Superintendent of Police, and if that fails a magistrate can direct registration. Keep an acknowledged copy of everything you submit.

Will I definitely be arrested if an FIR is filed?

No. For offences punishable up to seven years, the Supreme Court in Arnesh Kumar directed that police should ordinarily issue a notice of appearance rather than arrest automatically, and must record reasons where they do arrest. An arrest made without those recorded reasons can be challenged.