Quick answer
The B.N.S. (2023) is the substantive criminal law: it defines offences such as theft and fixes their punishment. The B.N.S.S. (2023) is the procedural law: it governs the FIR, investigation, arrest, bail and trial. The B.S.A. (2023) is the law of evidence: it decides what facts may be proved in court and how. All three came into force on 1 July 2024 and replaced the IPC, the CrPC and the Indian Evidence Act.
The three laws and what they replaced
- B.N.S. replaces the Indian Penal Code, 1860, which is repealed by Section 358 B.N.S. Theft, for example, is defined in Section 303(1) and punished under Section 303(2) B.N.S. (old law: Sections 378 and 379 IPC).
- B.N.S.S. replaces the Code of Criminal Procedure, 1973, which is repealed by Section 531 B.N.S.S. Its First Schedule also tells you whether an offence is cognizable (police may arrest without warrant) and bailable.
- B.S.A. replaces the Indian Evidence Act, 1872, which is repealed by Section 170 B.S.A. Under Section 1(2) B.S.A. it applies to judicial proceedings in courts, including courts-martial, but not to affidavits or to proceedings before an arbitrator.
Comparison at a glance
| Point | B.N.S. | B.N.S.S. | B.S.A. |
|---|---|---|---|
| Nature of law | Substantive (what is a crime) | Procedural (how the case moves) | Adjectival (how facts are proved) |
| Key question | Is this act an offence, and what is the punishment? | Who registers, investigates, arrests, grants bail and tries the case? | Which evidence is relevant and admissible, and who must prove what? |
| Old law (repealed) | IPC, 1860 | CrPC, 1973 | Indian Evidence Act, 1872 |
| Repeal provision | Section 358 | Section 531 | Section 170 |
Example
Neha reports that Farhan took her phone without her consent. Whether dishonestly moving the phone out of her possession amounts to theft, and what punishment is possible, is answered by Section 303 B.N.S. Registering the FIR under Section 173 B.N.S.S., investigating, arresting Farhan, producing him before a Magistrate and deciding bail all follow the B.N.S.S. (its First Schedule lists theft under Section 303(2) as cognizable and non-bailable). When a shopkeeper says he saw the theft and the police recover the phone, the B.S.A. decides how that eyewitness account and the recovery can be proved at trial.
Current-law note
The three laws were enacted in December 2023 as Acts 45 (B.N.S.), 46 (B.N.S.S.) and 47 (B.S.A.) of 2023 and came into force across India on 1 July 2024. The old laws still matter for older matters. Section 358(2) B.N.S. saves liability and proceedings for offences under the repealed IPC. Section 531(2)(a) B.N.S.S. says that an appeal, application, trial, inquiry or investigation pending immediately before the new law began continues under the CrPC. Section 170(2) B.S.A. makes a similar saving for pending proceedings under the Indian Evidence Act. For a fuller procedural overview, see B.N.S.S.: Complete Notes.
Exam point
B.N.S. defines the crime and punishment, B.N.S.S. provides the process, and B.S.A. governs the evidence. They replaced the IPC, CrPC and Evidence Act from 1 July 2024.
