Will Old IPC and CrPC Cases Continue Under the New Laws? (2026)
Whether offences, FIRs, and cases from before 1 July 2024 continue under the old IPC, CrPC, and Evidence Act, how the saving clause works, and what decides which code applies. Last verified October 2026.
Explainer · New Criminal Laws · Transition
When the new criminal laws came in on 1 July 2024, the first worry for most people with a pending matter was simple: does my case now switch to the new code, and do I lose the ground I have already covered? The short answer is no. The change is not retrospective. This guide explains the transition and saving position: which cases continue under the old IPC, CrPC, and Evidence Act, which fall under the new BNS, BNSS, and BSA, and what the date of the offence decides. Last verified October 2026.
- The rule: offences before 1 July 2024 continue under the IPC, CrPC, and Evidence Act; offences on or after that date fall under the BNS, BNSS, and BSA.
- Not retrospective: a crime is judged by the law in force on the day it was committed.
- Saving clause: pending investigations, trials, appeals, and applications continue as if the old Act had not been repealed.
- Anchor date: the date of the offence, not the date of the FIR or hearing, decides which code applies.
- Tracking both: Claw tracks cases under old and new codes across 9,102 forums.
01The real worry for litigants
A change of code in the middle of a dispute feels dangerous. People who had an FIR registered in 2023, an ongoing trial, or an appeal pending asked the obvious questions. Will my FIR be cancelled? Will the charges be re-framed under new sections? Will years of proceedings have to start again?
These fears are understandable but, for the most part, misplaced. Criminal law in India has a settled principle against applying a new penal law backwards to a person’s disadvantage, and the new codes contain express saving provisions to manage the handover. For the wider picture, see the new criminal laws overview.
02The short answer
Offences committed before 1 July 2024 continue under the old codes. Offences committed on or after 1 July 2024 fall under the new codes. The change is not retrospective, so a crime is judged by the law in force on the day it was committed.
In plain terms, an FIR for an offence that took place before 1 July 2024 will carry IPC sections and will be investigated and tried under the CrPC, using the Evidence Act. An FIR for an offence on or after that date will carry BNS sections and follow the BNSS and BSA. The date of the alleged offence, not the date of the FIR or the hearing, is the anchor.
A crime is judged by the law in force on the day it happened. The new codes did not reach back to change that.
03How the saving clause works
Each new code repealed its old counterpart and, in the same section, saved what was already under way. The BNS repealed the IPC, the BNSS repealed the CrPC, and the BSA repealed the Indian Evidence Act, each with a repeal-and-savings provision at the end of the Act.
The saving provisions mean, in substance, that anything done or any action taken under the old law, including an investigation, inquiry, trial, appeal, or application that was pending when the new code began, continues as if the old Act had not been repealed. So a pending trial under the CrPC does not collapse. It carries on under the CrPC until it is finished.
Why nothing restarts
A saving clause exists precisely so that a repeal does not wipe out pending matters. It keeps the old machinery alive for cases that were already in the system, while the new machinery handles fresh cases. This is standard practice when one Act replaces another.
This also means appeals and revisions from old trials are decided under the old law, and investigations that were open on 1 July 2024 are completed under the CrPC. The old codes will therefore stay in active use for years, until the backlog of pre-2024 offences works through the system.
04What decides which code applies
The deciding factor is the date the offence was committed.
- Offence before 1 July 2024: old codes apply. The FIR, charges, trial, evidence, and appeal run under the IPC, CrPC, and Evidence Act.
- Offence on or after 1 July 2024: new codes apply. The FIR, charges, trial, evidence, and appeal run under the BNS, BNSS, and BSA.
- Continuing offences: where an offence continues across the cut-off date, the position can be more complex, and courts look at when the offence was committed. Take advice on the specific facts.
Procedure can be a partial exception to the simple rule, because procedural steps taken after the cut-off in an old case are generally governed by the saving position rather than switched mid-way. The safe approach is to read the saving clause and check how courts in your jurisdiction are handling the point.
05Common situations
I have an FIR from 2023
It stays under the IPC and CrPC. The investigation and any trial continue under the old codes. You do not need to re-file under the BNS.
A new FIR for an old incident
If the offence took place before 1 July 2024, even an FIR registered later should reflect the law in force at the time of the offence, that is, the IPC. The date of the offence governs.
My appeal is pending
An appeal or revision arising from an old trial is decided under the old law, because it was already in the system when the new codes began.
A fresh crime after the cut-off
An offence on or after 1 July 2024 is a BNS matter, investigated and tried under the BNSS and BSA. Use the IPC to BNS converter to find the right new section, and see BNS vs IPC, BNSS vs CrPC, and BSA vs the Evidence Act.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
During a long transition, the practical risk is losing track of which matters sit under which code, and missing a hearing in either. Claw helps on both fronts. You can track live cases across 9,102 courts, benches and forums, with automatic updates, cause lists, and WhatsApp and email alerts, whether the matter runs under the CrPC or the BNSS. You can also search 30 crore+ judgments by section, party or advocate, with results in under 5 seconds, so you can pull authority under both the old and the new codes.
Try it
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Claw does not give legal advice and does not use customer case documents to train AI models. See also case search across Indian courts.
07Sources and further reading
- Bharatiya Nyaya Sanhita, 2023 (India Code): indiacode.nic.in
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code): indiacode.nic.in
- Ministry of Home Affairs: mha.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The transition position can turn on specific facts, so check the saving clause and take advice from counsel for any particular case.
08Frequently asked questions
Will my old IPC case continue after the BNS came in?
Yes. An offence committed before 1 July 2024 continues under the IPC, and the case is investigated, tried, and appealed under the old CrPC and Evidence Act. The change is not retrospective, so the case does not switch to the BNS.
Are FIRs filed before 1 July 2024 still valid?
Yes. An FIR registered under the old law for a pre-2024 offence remains valid, and the proceedings continue under the old codes through the saving provisions. It does not need to be re-registered under the BNS.
What decides whether the old or new code applies?
The date the offence was committed. If it was before 1 July 2024, the old codes apply. If it was on or after that date, the new codes apply. The date of the FIR or the hearing does not change this.
Do pending appeals follow the old or new law?
Pending appeals and revisions from old trials are generally decided under the old law, because they were already in the system when the new codes began. The saving clause keeps the old law alive for such matters.
How long will the old codes stay in use?
For several years. Because every pre-2024 offence continues under the old codes, the IPC, CrPC, and Evidence Act will remain in active use until that backlog of cases is finished.
How can I track cases running under both the old and new codes?
Track each matter and search authority under both systems. Claw tracks live cases across 9,102 courts and forums with automatic updates and alerts, and searches 30 crore+ judgments by section, party, or advocate in under 5 seconds.