Questions regarding the new Bharatiya Nyaya Sanhita, police procedures, and personal protection.
On 1 July 2024 three colonial-era criminal statutes were replaced. The Indian Penal Code 1860 became the Bharatiya Nyaya Sanhita 2023 (BNS), the Criminal Procedure Code 1973 became the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), and the Indian Evidence Act 1872 became the Bharatiya Sakshya Adhiniyam 2023 (BSA). New section numbers, new offence categories (organised crime under Section 111, terrorism under Section 113), time-bound investigation deadlines, mandatory videography of search and seizure, and electronic evidence as primary evidence — the shift is the biggest in Indian criminal law since 1973.
This section covers FIR registration and the steps to take if police refuse, anticipatory bail under Section 482 BNSS, bailable versus non-bailable offences and bond procedure, your rights on arrest (drawn from the D.K. Basu guidelines), filing complaints against police misconduct, the Section 175(3) BNSS magistrate-direction route when police won't act, identity theft response under Sections 318 BNS plus 66C IT Act, acid attack laws (Section 124 BNS with a mandatory minimum 10-year sentence), stalking under Section 78 BNS, domestic violence remedies under PWDVA 2005, and POCSO procedures for offences against children. Every section reference here is to BNS, BNSS, or BSA — the IPC and CrPC numbers you may remember are no longer in force.
Yes, stalking is a cognizable offence under Section 78 of the Bharatiya Nyaya Sanhita, 2023. You can file an FIR for immediate police action and seek up to 3 years' imprisonment for a first conviction.
No. Adultery was decriminalised by the Supreme Court in Joseph Shine v. Union of India (2018) and is not an offence under the Bharatiya Nyaya Sanhita, 2023 — but it remains a valid ground for a contested divorce.
File an FIR under Sections 78 (stalking), 351 (criminal intimidation), 79 (insulting modesty) and 77 (voyeurism) of the Bharatiya Nyaya Sanhita, 2023, and seek a protection order under the Domestic Violence Act.
A Zero FIR allows you to lodge an FIR at any police station, regardless of where the offence occurred. The station must register it and transfer it to the jurisdictional police for investigation.
Apply for anticipatory bail under Section 482 of the BNSS, 2023 before the Sessions Court or the High Court. If granted, it directs the police to release you on bail in the event of arrest.
Cyber-bullying is punishable under BNS Sections 79, 351 and 356 plus Section 67/67A of the IT Act, 2000. Report it on the cybercrime portal and demand takedown under the IT Rules, 2021.
Rape and sexual assault are punishable under Sections 63-79 of the Bharatiya Nyaya Sanhita, 2023, with sentences ranging from 10 years' imprisonment to life, or in aggravated cases, death.
File an FIR under Section 80 of the BNS, 2023 (which replaced IPC 498A) and seek parallel reliefs under the Domestic Violence Act. Punishment is up to 3 years' imprisonment plus fine.
Engage a criminal lawyer immediately, apply for anticipatory bail under Section 482 BNSS, and file a quashing petition in the High Court under Section 528 BNSS.
Engage a specialised criminal lawyer immediately. The NDPS Act, 1985 has a stringent bail regime under Section 37, mandatory minimum sentences, and a presumption of guilt for commercial quantities.
The POCSO Act, 2012 is a child-specific law making any sexual act with a person under 18 an offence regardless of consent, with strict procedure and child-friendly trial in Special Courts.
Indian law recognises three main types of bail: regular bail (after arrest), anticipatory bail (before arrest), and interim bail (short-term). The procedure depends on whether the offence is bailable or non-bailable.
You have the right to be informed of grounds of arrest, meet a lawyer, have a relative informed, be produced before a Magistrate within 24 hours, and be medically examined — guaranteed under Articles 21-22 of the Constitution and the BNSS, 2023.
Reference:Articles 21, 22, Constitution of India; Sections 35-58, BNSS, 2023; D.K. Basu v. State of West Bengal, (1997) 1 SCC 416; Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
File a complaint with the Superintendent of Police, then the State Human Rights Commission or NHRC. For serious offences, file an FIR or move the Magistrate under Section 175(3) BNSS. Compensation is available under Nilabati Behera.
Report immediately to cybercrime.gov.in and call 1930. File an FIR under Section 66C of the IT Act (identity theft) and BNS Sections 319/336. Notify banks, credit bureaus, and freeze affected accounts.
Sections 124 and 125 of the BNS, 2023 criminalise acid attacks (up to life imprisonment). Survivors are entitled to free medical care, ₹3-8 lakh compensation, free legal aid, and protections under Laxmi v. Union of India.
Multiple escalation routes exist. First write to the Superintendent of Police (SP) / DCP under Section 173(4) BNSS. If still not registered, file a private complaint before the Magistrate under Section 175(3) BNSS (replaces Section 156(3) CrPC) — Magistrate can direct registration of FIR or investigation. Lalita Kumari v. State of UP (2014) mandated registration of FIR for cognizable offences.
Reference:Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 173, 175, 223, 528); Lalita Kumari v. State of UP, (2014) 2 SCC 1; Sakiri Vasu v. State of UP, (2008) 2 SCC 409
