Introduction

On 1 July 2024, India replaced three colonial-era criminal laws — the Indian Penal Code 1860, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872 — with three new statutes: the Bharatiya Nyaya Sanhita 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam 2023 (BSA). All three received Presidential assent on 25 December 2023. This overhaul carries significant implications for internal security — introducing terrorism and organised crime directly into the penal code, modernising evidence law for the digital age, and embedding procedural safeguards designed to reduce delays in the criminal justice system.

Bharatiya Nyaya Sanhita 2023 (BNS) — Replaces IPC 1860

The BNS comprises 20 chapters and 358 sections, compared to the IPC's 511 sections.

Key Security-Relevant Provisions

Provision BNS Old IPC
Terrorism Section 113 — defines terrorism as any act intending to threaten unity, integrity, security, or economic security of India or strike terror in people; punishment: death/life imprisonment if death results, 5 years to life otherwise No dedicated terrorism section in IPC; governed by UAPA separately
Organised Crime Section 111 — defines organised crime as any continuing unlawful activity (kidnapping, extortion, cyber-crime, trafficking, drug offences) by a crime syndicate; punishment: death or life imprisonment if victim dies No organised crime provision in IPC
Acts Endangering Sovereignty Section 150 — penalises exciting secession, armed rebellion, subversive activities, encouraging separatism, and endangering sovereignty/unity of India; includes electronic communication and financial means as modes of commission Section 124A (Sedition) — penalised exciting disaffection towards the government; struck down in S.G. Vombatkere case (2022)
Community Service Added as a new form of punishment for minor offences — courts may order community service in lieu of imprisonment Not available under IPC

Sedition vs Section 150: Critical Distinction

The old Section 124A (sedition) protected "the government established by law" from disaffection. Section 150 of the BNS shifts the protected object to the sovereignty, unity, and integrity of India — a broader and more abstract concept. The punishment range increases from 3 years (IPC) to 7 years with fine or life imprisonment (BNS). The offence can now be committed through electronic communication and financial means, reflecting modern modes of subversion.

Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) — Replaces CrPC 1973

The BNSS introduces several procedural reforms relevant to security investigations.

Key Changes

Reform BNSS Provision Security Significance
Zero FIR Section 173 — any person may register a cognizable offence at any police station regardless of jurisdiction; transferred to the competent station thereafter Removes delay in registering terrorism/crime complaints; closes the jurisdictional gap exploited to avoid registration
Trial in Absentia When an accused is declared a Proclaimed Offender and has absconded, the court may proceed with trial treating the absence as a waiver of the right to be present Prevents accused from stalling anti-terror and organised crime trials by fleeing
Mandatory Videography For offences punishable with 7 or more years imprisonment, forensic experts must visit the crime scene and videograph the process on a mobile phone or other electronic device Strengthens evidence chain in terror cases, bomb blasts, and encounters
Time-Bound Judgment Verdicts to be delivered within 30 days of conclusion of arguments, extendable up to 45 days with reasons recorded Reduces pendency in cases involving security offences
Organised Crime Remand Police custody can extend up to 15 days in parts across the 60-day period (for serious offences), allowing structured interrogation Relevant for NIA investigations into terror modules

Bharatiya Sakshya Adhiniyam 2023 (BSA) — Replaces Indian Evidence Act 1872

Electronic Records as Primary Evidence

The most consequential change for internal security is the reclassification of electronic records as primary evidence. Under the old Indian Evidence Act, electronic records were categorised as secondary evidence, requiring a certificate under Section 65B — a procedural hurdle that caused convictions to be set aside on technicalities.

Parameter BSA 2023 Indian Evidence Act 1872
Status of electronic records Primary evidence (Section 57, Explanation 4–5) Secondary evidence requiring Section 65B certificate
Definition of document Explicitly includes electronic and digital records, semiconductor memory, communication devices Did not explicitly cover semiconductor memory or communication devices
Certificate requirement Section 63(4) — certificate required; must be signed by both the responsible person and an expert Section 65B certificate — only the person responsible for the device
Admissibility scope Extends to smartphones, laptops, cloud storage, optical/magnetic media Primarily optical or magnetic media

This change directly strengthens prosecution in cybercrime, terror financing, and digital evidence cases where WhatsApp chats, call data records, and surveillance footage form the core of the evidence.

Comparative Summary

Dimension BNS (Penal) BNSS (Procedural) BSA (Evidence)
Replaces IPC 1860 CrPC 1973 Indian Evidence Act 1872
Effective date 1 July 2024 1 July 2024 1 July 2024
Presidential assent 25 December 2023 25 December 2023 25 December 2023
Key security addition Terrorism + Organised Crime chapters Zero FIR, trial in absentia, videography Electronic records as primary evidence

Criticism and Concerns

The three new laws have attracted both support and criticism from security and civil liberties perspectives:

  • Broad definitions: The organised crime (Section 111) and sovereignty-endangering (Section 150) provisions use wide language that critics argue could be misused against journalists, activists, and political opponents.
  • Sedition by another name: Section 150 is viewed by legal scholars as reintroducing sedition with a broader scope than the old Section 124A, despite official claims of abolishing it.
  • Infrastructure deficit: Mandatory videography and forensic requirements demand upgradation of state police forensic capacity — a challenge given that many states lack adequate forensic laboratories.
  • Positive reform: Zero FIR, community service sentencing, and time-bound trials are widely acknowledged as progressive reforms overdue for the Indian criminal justice system.

Important for UPSC

Prelims Focus

  • Effective date of all three laws: 1 July 2024
  • Presidential assent: 25 December 2023
  • BNS replaces IPC 1860; BNSS replaces CrPC 1973; BSA replaces Indian Evidence Act 1872
  • Organised crime: Section 111 BNS; Terrorism: Section 113 BNS; Sovereignty offences: Section 150 BNS
  • Zero FIR: Section 173 BNSS
  • Electronic records as primary evidence under BSA (change from IEA)

Mains Dimensions

  • "How do the three new criminal laws strengthen India's internal security framework?" — cover terrorism/organised crime in BNS, investigative reforms in BNSS, digital evidence in BSA
  • "Critically examine Section 150 of BNS in comparison with Section 124A IPC" — broader ambit, protection shifts from government to nation, electronic means added
  • "Does the new criminal law framework balance security imperatives with civil liberties?" — infrastructure deficit, broad definitions vs procedural reforms

Current Affairs Connect

Resource Link
Ujiyari — Security News Ujiyari — Security News
Ujiyari — Daily Updates Ujiyari — Daily Updates

Sources: PRS Legislative Research — BNS, BNSS, BSA Bill Analyses (prsindia.org); India Code — Bharatiya Nyaya Sanhita 2023 (indiacode.nic.in); BPRD Handbook on BNS (bprd.nic.in); Drishti Judiciary — Zero FIR under BNSS, Electronic Evidence under BSA (drishtijudiciary.com).