BNSS 2023 — transition guide for Indian criminal practice in 2026

The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure 1973 (CrPC) on 1 July 2024. By mid-2026, the transition is well past its early phase — but the cross-over still produces working confusion, especially when older matters governed by CrPC sit alongside post-1 July 2024 matters governed by BNSS. This is the working transition guide for Indian criminal practitioners.

The three new criminal codes

The BNSS is one of three codes that replaced colonial-era criminal law:

Bharatiya Nyaya Sanhita 2023 (BNS) — replaces the Indian Penal Code 1860

Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) — replaces the CrPC 1973

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

All three came into force on 1 July 2024. Cases registered before that date continue to be governed by the older codes; cases registered on or after that date are governed by the new codes. Section 531 BNSS contains the savings clause.

Section mapping — CrPC to BNSS

Some of the highest-frequency CrPC sections and their BNSS equivalents:

CrPC | BNSS | Subject
Section 41 | Section 35 | Arrest without warrant
Section 41A | Section 35(3) | Notice of appearance before police
Section 50 | Section 47 | Right to be informed of grounds of arrest
Section 154 | Section 173 | FIR
Section 156 | Section 175 | Police investigation power
Section 161 | Section 180 | Witness statements to police
Section 164 | Section 183 | Magisterial recording of statements
Section 167 | Section 187 | Remand and police custody
Section 173 | Section 193 | Final report (chargesheet)
Section 200-203 | Section 223-227 | Cognizance by Magistrate
Section 207 | Section 230 | Supply of documents to accused
Section 227-228 | Section 250-251 | Discharge / framing of charge
Section 313 | Section 351 | Statement of accused
Section 357 | Section 395 | Compensation to victims
Section 432-435 | Section 473-475 | Remission of sentences
Section 437-439 | Section 480-483 | Bail
Section 482 | Section 528 | Inherent powers of HC

Section 528 BNSS has become the most-cited new-code section, replacing the long-familiar Section 482 CrPC. (Our Section 482 CrPC / 528 BNSS quashing guide covers the substantive law.)

What's new — beyond simple renumbering

The BNSS is not merely a re-labelled CrPC. Key substantive changes:

Time limits for police investigation. Section 193 BNSS requires the chargesheet to be filed within 60-90 days. Earlier extensions are now harder to obtain. The framework codifies the Sushil Kumar Sharma v. Union of India line of jurisprudence on dilatory investigations.

Mandatory videography. Section 105 BNSS mandates videography of search and seizure. Section 173(1) provides for electronic FIR registration. Forensic team visit to crime scenes for serious offences (>7 years imprisonment) is mandatory.

Statement before Magistrate by audio-video. Section 183 BNSS allows recording of witness statements through audio-video means. This was permissive in CrPC; now it is more structured.

Trial in absentia. Section 356 BNSS introduces a structured framework for trial in absentia for proclaimed offenders who have evaded process for over 90 days after declaration. This is a significant procedural innovation — earlier law treated absconding as grounds to keep the trial pending.

Plea bargaining expansion. Sections 289-300 BNSS (replacing CrPC Sections 265A-265L) expand the plea-bargaining regime. The earlier upper-limit threshold of 7 years imprisonment continues, but the procedural framework is more streamlined.

Sammon and notice via electronic means. Section 64 BNSS allows summons by electronic means. Many courts have now structured this through their respective IT Rules.

Custody timelines. Section 187 BNSS retains the 60/90-day police custody framework but introduces clearer recording requirements.

Bail under BNSS

Bail provisions migrated from CrPC Sections 437-439 to BNSS Sections 480-483. Substantive jurisprudence (Arnesh Kumar, Satender Kumar Antil, Mohd. Zubair) continues to apply — the Supreme Court has held that the migration is procedural and does not disturb the substantive bail tests.

Practical drafting points:

Bail applications should now cite Section 480 BNSS / 481 BNSS / 482 BNSS / 483 BNSS depending on whether bail is regular, anticipatory, after rejection, or to be cancelled

For matters where the FIR was registered before 1 July 2024, cite both the CrPC and the BNSS (the older code governs by Section 531 savings)

Arnesh Kumar notice (Section 41A CrPC equivalent — now Section 35(3) BNSS) remains a live procedural protection

Transitional cases — how to handle them

Most criminal practitioners now juggle a portfolio that mixes pre-July 2024 and post-July 2024 matters. The working approach:

Pre-1 July 2024 FIR + ongoing trial. CrPC continues to govern. All references should be to CrPC sections. The Magistrate / Sessions Court continues with the earlier procedural framework.

Pre-1 July 2024 FIR + appeal filed after. CrPC governs the substantive procedure including the appeal. References to the old CrPC sections are correct.

Post-1 July 2024 FIR. BNSS governs. References should be to BNSS sections.

Post-1 July 2024 incident + earlier complaint. Where a complainant filed a private complaint before 1 July 2024 but the cognizance was taken after, BNSS applies to procedure from cognizance onward. The transition decisions in early 2025 (Karnataka HC's Vidya Bhasker and similar) clarify the cut-off.

Drafts and templates. Standardised drafts (bail, quashing, anticipatory bail) need parallel CrPC and BNSS versions. Most working firms maintain dual templates till the CrPC docket is fully retired (expected by 2027-2028 for most matters).

Filing systems and e-Courts

The e-Courts platform (ecourts.gov.in) was updated through 2024-2025 to support BNSS section pull-downs. Most HCs and District Courts now offer dual filing — CrPC for old matters, BNSS for new. Practitioners filing should:

Verify the FIR date before selecting the code

Where the matter is mixed (e.g., complaint pre-July 2024, supplementary chargesheet post), select the code applicable to the principal action

Cause-list classifications (Crl. Misc., Crl. Rev., Anticipatory Bail Application) are consistent across codes

Common drafting mistakes in BNSS practice

Citing both CrPC and BNSS in the same paragraph. Confusing. State which code governs at the start, and use that.

Using CrPC section in BNSS-governed matter. Magistrates do not always reject this, but it makes the brief look outdated. Use the proper section.

Section 482 CrPC vs 528 BNSS in High Court quashing. For FIRs registered after 1 July 2024, the petition should be under Section 528 BNSS. Some High Courts have rejected pleadings citing Section 482 CrPC for post-July 2024 FIRs as a matter of form. The substance (the Bhajan Lal test) is the same.

Bail cite errors. Section 480 BNSS = bail in non-bailable offence. Section 482 BNSS = anticipatory bail. Section 483 BNSS = bail cancellation. Don't mix up.

Limitation under Section 514 BNSS. Section 514 contains the limitation framework for cognizance — equivalent to Section 468 CrPC. Many drafters miss the renumbering.

What changes in the trial court

Working changes in trial-court practice:

Charge-sheet review. Section 193 BNSS chargesheets contain more structured fields; the Magistrate's role under Section 230 BNSS (supply of documents) is more procedural.

Section 351 BNSS statement. What was 313 CrPC. The accused's statement format is unchanged in substance.

Cross-examination. Substantive procedure is largely unchanged. Defence-side strategy on cross-examination of prosecution witnesses is governed by trial dynamics rather than the code.

Argument structure. Arguments now reference BNS sections (for offences) and BNSS sections (for procedure) and BSA sections (for evidence). The triple-citation style takes some practice.

How CourtNetra handles the BNSS transition

CourtNetra's matter records carry an explicit field for the governing code (CrPC or BNSS), determined automatically from the FIR date. Filings, drafts, and templates are versioned per code. Section pull-downs in the editor are scoped to the applicable code so a BNSS matter doesn't accidentally cite CrPC.

For mixed-portfolio teams, the Practice dashboard shows the CrPC vs BNSS split — useful for partners projecting the time-to-retire-CrPC across the docket.

NyayaLens AI's precedent search handles both codes — searching for "anticipatory bail" surfaces CrPC Section 438 cases for older judgments and BNSS Section 482 for newer judgments, with a clear indicator of which code applied at the time of the order.

The blog templates and drafts library at /templates includes both CrPC and BNSS versions for the common categories — bail (regular, anticipatory, cancellation), quashing, transfer petition, revision, criminal complaint.

The bottom line

The CrPC-to-BNSS transition is well past the disruption phase but still produces friction — especially where briefs cross over both codes. Working criminal lawyers in 2026 are fluent in both; the next 18-24 months will see the CrPC docket retire in normal course as old trials conclude.

The drafting discipline is straightforward: identify the governing code from the FIR date, cite consistently within that code, maintain dual templates till CrPC matters fully retire. CourtNetra implements this discipline at the matter level so practitioners don't have to track it manually.

For the substantive jurisprudence, Supreme Court guidance through 2024-2025 has clarified that the BNSS migration is procedural — the substantive Bhajan Lal, Arnesh Kumar, Mobilox, Vidarbha line of cases continues to apply, with section-citations updated to reflect the new code.