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Two years of the BNS and BNSS: what is settled, what is still moving, and what it means in Pune

Adv. Indrajit DongreFounder & Senior AdvocateUpdated July 2026 · Law stated as at July 2026
Advocate at the District and Sessions Court, Pune

The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act with effect from 1 July 2024. Two years on, the section numbering is settled and the substance is largely carried forward, but interpretation of several new provisions is still developing and High Courts have not always agreed. The most practical risk to an ordinary person is not the law itself — it is relying on guidance written before the changeover without noticing.

The transition is old enough now that the initial confusion has passed, and recent enough that a great deal of what you will find online was written for the previous statutes. On 1 July 2026 the new codes turned two. This is a plain account of where things stand.

The renumbering that catches people out

Offences most people know by their old number now sit elsewhere. The substance is broadly preserved; the citation is not.

Commonly known asNowNote
Section 498A IPC — cruelty by husband or relativesSections 85 and 86, BNSSplit across two provisions; 86 defines cruelty
Section 438 CrPC — anticipatory bailSection 482, BNSSNot to be confused with the old Section 482 CrPC
Section 482 CrPC — inherent powers, quashingSection 528, BNSSThe provision behind quashing petitions in the High Court
Section 125 CrPC — maintenanceSection 144, BNSSStill the main maintenance remedy
Section 41A CrPC — notice to appearSection 35, BNSSThe notice police issue instead of arresting
Section 167(2) CrPC — default bailSection 187, BNSSTimelines here reward precision
Check this before you trust anything A widely shared 2026 article we came across while researching this piece states that Section 498A IPC is now Section 318 BNS. It is not — Section 318 deals with cheating. Cruelty by a husband or his relatives is Sections 85 and 86. A wrong section number in a notice or petition is not a cosmetic error, and the volume of confidently wrong material online is the single biggest practical hazard of this transition.

What is genuinely settled

  • The numbering itself. Correspondence, notices and petitions dated after 1 July 2024 should cite the new provisions.
  • That the pre-existing case law on carried-forward provisions continues to guide interpretation, since the underlying principles were largely preserved.
  • That offences committed before 1 July 2024 continue to be tried under the old statutes. The changeover is not retrospective, so matters begun earlier still run on the IPC and CrPC — which is why both sets of numbers remain in daily use in the courts.

What is still moving

Two years is not long for a criminal code. Several provisions have not yet received authoritative interpretation from the Supreme Court, and High Courts have reached differing conclusions on some questions — particularly on how the new procedural provisions interact with the bars and special procedures in other statutes.

What this means for you practically: an outcome in one High Court is not a guarantee elsewhere, and on unsettled points the honest advice is a range rather than a prediction. Any advocate offering certainty on a question the courts have not yet resolved is telling you something about themselves rather than about your case.

What actually changed for someone facing a matter in Pune

StageWhat to know
Police noticeA notice to appear now issues under Section 35 BNSS. Attend it, with an advocate, rather than ignoring it
FIRZero FIR and electronic registration provisions were a headline feature of the new code; in practice, get a copy and note every date
Pre-arrestAnticipatory bail under Section 482 BNSS, before the Sessions Court at Pune or the Bombay High Court
Custody and default bailTimelines under Section 187 BNSS are strict and are where preparation pays
TrialBefore the Magistrate's courts or the Sessions Court at Pune, depending on the offence
QuashingA petition under Section 528 BNSS to the High Court of Judicature at Bombay

The one habit worth adopting

Date-check everything. If a page, a template or a piece of advice does not say when it was written or last reviewed, treat it as pre-2024 until proved otherwise. That single habit removes most of the risk this transition creates for an ordinary litigant.

Every substantive page on this site carries the date the law was stated as at, and cites the statute it rests on. That is not decoration — it is so you can tell what is current and check it for yourself.

Adv. Indrajit Dongre
Founder & Senior Advocate · Enrolled 1998 · MAH/1915/1998

Nearly three decades before the Family Court, District & Sessions Court, Pune. Leads the firm's practice at Indrajit Dongre & Associates, Kasba Peth.

This article is general information, not legal advice. For guidance on your specific matter, book a confidential consultation.