Marriage registration & mutual divorce · Gurgaon, Haryana +91 99901 07803 · office@mutualdivorcelawyer.in
Matrimonial Law Office Gurgaon

Old section, new section

On 1 July 2024 three criminal statutes were replaced. The civil family law statutes were not touched. The result is that a single family's papers now routinely carry two numbering systems at once.

What changed and what did not

The Bharatiya Nyaya Sanhita replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act, with effect from 1 July 2024. The Hindu Marriage Act, the Special Marriage Act, the Guardians and Wards Act, the Hindu Adoptions and Maintenance Act and the Protection of Women from Domestic Violence Act were not replaced and their section numbers are unchanged.

Proceedings that had already begun under the old statutes continue under them. A family that has a cruelty case registered in 2023 and a maintenance application filed in 2025 will therefore be dealing with section 498A IPC and section 144 BNSS at the same time, which is entirely normal and not an error.

Conversion table

Provisions most often encountered in matrimonial matters
SubjectOld provisionNew provision
Cruelty by husband or his relativess. 498A IPCs. 85 BNS
Definition of cruelty for that offenceExplanation to s. 498As. 86 BNS
Dowry deaths. 304B IPCs. 80 BNS
Bigamys. 494 IPCs. 82 BNS
Maintenance of wife, children and parentss. 125 CrPCs. 144 BNSS
Anticipatory bails. 438 CrPCs. 482 BNSS
Bail by High Court or Court of Sessions. 439 CrPCs. 483 BNSS
Inherent powers of the High Courts. 482 CrPCs. 528 BNSS
Notice of appearance instead of arrests. 41A CrPCs. 35 BNSS
Order to investigate on a complaints. 156(3) CrPCs. 175(3) BNSS
Admissibility of electronic recordss. 65B Evidence Acts. 63 BSA

Numbering is stated for general orientation. Before relying on any provision, read the current text of the statute itself — amendments and judicial interpretation continue.

Which statute applies to your case

The general position is that the law in force when the offence was committed governs the offence, and the procedural statute in force when a step is taken governs that step. In practice, if your FIR was registered before 1 July 2024 it will refer to IPC sections and the case proceeds accordingly; if it was registered after, it will refer to BNS sections. If you are unsure which applies to a paper you have received, the first page of the FIR or the complaint will tell you.

Discuss your own facts

General information cannot account for the specifics of a marriage, a family or a pending case. A first consultation covers what applies to your situation, what the realistic options are, and what each one is likely to cost and take.