What the New BNS Provisions Mean for Accused in Ongoing Trials: A Practical Guide

The coming into force of the Bharatiya Nyaya Sanhita, 2023 (BNS) on July 1, 2024 has triggered a wave of procedural uncertainty in criminal courts across India. This article examines the key practical questions that defence lawyers, prosecutors and trial judges are grappling with.

**I. TRANSITIONAL APPLICABILITY: WHICH LAW GOVERNS?**

Section 358 of the BNSS provides that all trials pending before a court immediately before the commencement of this Code shall be continued and concluded as if this Code had not come into force. This preserves the procedural framework of the CrPC for pending trials.

However, the substantive position is more complex. The general principle in criminal law is that the law applicable is the one in force at the time of the commission of the offence. Accordingly, a person who committed an offence in 2022 will be tried under the IPC provisions, even if the trial continues post-July 2024.

**II. PRACTICAL IMPLICATIONS FOR BAIL APPLICATIONS**

Bail applications in pending matters should continue to cite IPC section numbers. However, when courts consult reference books or commentaries organised by BNS section numbers, the practitioner must be prepared to cross-reference the corresponding IPC provision.

Several district courts have already issued administrative circulars requiring cause-lists to reflect both the IPC section and the corresponding BNS section for new registrations.

**III. THE SECTION 152 BNS DEBATE**

The most contested provision is Section 152 BNS, which is widely perceived as the successor to the sedition provision under Section 124A IPC. The Supreme Court had put Section 124A in abeyance in May 2022 in S.G. Vombatkere vs Union of India. A batch of petitions now challenges Section 152 BNS on similar grounds. Until the Supreme Court rules, the provision remains operational.

**IV. CONCLUSION**

Practitioners must maintain dual familiarity with both statutes for the foreseeable future. A comprehensive comparison table of IPC-to-BNS provisions is appended to this article.