How to Cite BNS in Court: Complete Citation Guide for Indian Lawyers (2026)

# How to Cite BNS in Court: Complete Citation Guide for Indian Lawyers

The Bharatiya Nyaya Sanhita, 2023 (BNS) came into force on 1 July 2024, replacing the Indian Penal Code, 1860. For advocates, prosecutors, and judicial officers across India, every FIR, chargesheet, bail application, written argument, appeal memo, and judgment involving offences committed on or after 1 July 2024 must now cite the BNS — not the IPC.

Yet despite the law being in effect for over two years, there is no single, authoritative guide on the correct format for citing BNS provisions in court documents. Lawyers are citing BNS sections inconsistently — some use the old IPC-style citation patterns, others improvise, and many are unsure whether to include the year, the full name, or the abbreviation.

This comprehensive guide establishes the correct, professional, and court-accepted citation formats for the Bharatiya Nyaya Sanhita across every type of legal document you will encounter in criminal practice.

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Why Correct BNS Citation Matters

Before examining specific formats, it is important to understand why citation accuracy matters under the new criminal law framework:

1. Jurisdictional Validity: An FIR or chargesheet that cites IPC sections for a post-1 July 2024 offence is technically defective. Courts have already noted this in several orders across High Courts.

2. Professional Credibility: Judges, especially in the High Courts and Supreme Court, expect precise citation. Sloppy or inconsistent citation undermines the credibility of your pleading.

3. Searchability and Record-Keeping: Court records, case management systems (like ICMS and CIS 3.0), and legal databases index cases by section numbers. Incorrect citation creates retrieval problems.

4. Transitional Confusion: For offences committed before 1 July 2024, the IPC still applies. For offences on or after that date, the BNS applies. Citing the wrong statute can have substantive consequences — including potential quashing of proceedings.

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The Standard BNS Citation Format

Full Citation (First Reference)

When you cite a BNS provision for the first time in any legal document, use the full citation:

Key rules for the full citation:

- Always write "Bharatiya Nyaya Sanhita" — not "Bhartiya" or "Bharitiya" (common misspellings).

- Always include the year 2023 (the year of enactment, not 2024 which is the year of enforcement).

- Use "of the" — not "under" or "u/s" in the first reference.

- Include sub-section numbers in parentheses: Section 103(1), not Section 103-1 or Section 103/1.

Abbreviated Citation (Subsequent References)

After the first full reference, you may use the abbreviated form:

Important: The abbreviation "BNS" is now universally accepted by all courts. Some High Court orders in the early months used "BNS, 2023" in abbreviated references, but the settled convention is simply "BNS" for subsequent mentions.

The "u/s" Convention

The traditional "u/s" (under section) abbreviation used in IPC practice is equally valid for BNS:

- u/s 103(1) BNS — acceptable in FIRs, chargesheets, and short-form orders

- under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 — preferred in formal pleadings

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How to Cite BNS in Specific Court Documents

1. FIR (First Information Report)

The FIR is the foundational document. Police stations across India now register FIRs under BNS sections for offences committed on or after 1 July 2024.

Correct format in the FIR body:

> *"The accused committed an offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS')."*

In the FIR header/tabular section:

> Sections Applied: S. 303(2), 351(2), 351(3) BNS

Common mistake to avoid: Do not mix IPC and BNS sections in the same FIR for a single incident that occurred entirely after 1 July 2024. If the offence straddles the transition date (continuing offence), cite both statutes clearly, identifying which sections apply to which time period.

2. Chargesheet (Police Report u/s 193 BNSS)

Note that the chargesheet itself is now filed under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — not Section 173 CrPC.

Citation format in chargesheet:

> *"Investigation reveals that the accused has committed offences punishable under Sections 115(2), 117(2), and 352 of the Bharatiya Nyaya Sanhita, 2023, read with Section 3(5) BNS."*

Key points:

- Use "read with" (r/w) to combine substantive offence sections with joint liability or abetment provisions.

- When citing multiple sections, list them in ascending numerical order. - Always specify sub-sections in parentheses.

3. Bail Application

Bail applications require particularly careful citation because the grounds for bail differ depending on whether the offence is under the BNS or the IPC.

Title/cause title format:

> *IN THE COURT OF [Sessions Judge / Additional Sessions Judge], [District]* > > *Bail Application No. ______ of 2026* > > *In the matter of:* > > *[Name of Accused] ........ Applicant* > > *Versus* > > *State of [State] ........ Respondent* > > *FIR No. ___ of 2026, Police Station _____, u/s 103(1), 109 BNS*

In the body of the bail application:

> *"The applicant has been arrested in connection with FIR No. ___ dated ___, registered at Police Station _____, for offences punishable under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023. The applicant seeks regular bail on the following grounds..."*

Citation when referring to bail provisions (BNSS):

Remember, bail provisions are now under the BNSS, not CrPC:

- Regular bail: Section 480 BNSS (replaces S. 439 CrPC)

- Default bail: Section 187(2) BNSS (replaces S. 167(2) CrPC)

- Anticipatory bail: Section 482 BNSS (replaces S. 438 CrPC)

So a bail application will cite BNS sections for the offence and BNSS sections for the procedural bail provision:

> *"This application for regular bail is filed under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with offences under Sections 103(1) and 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS)."*

4. Charge Framing / Charge Order

When the court frames charges, the citation must be precise:

> *"Charge is framed against the accused for the offence punishable under Section 115(2) of the Bharatiya Nyaya Sanhita, 2023, and the same is read over and explained to the accused in [Hindi/vernacular language], to which the accused pleads not guilty and claims trial."*

5. Written Arguments / Written Submissions

Written arguments require a formal, comprehensive citation style:

First reference:

> *"It is submitted that the prosecution has failed to establish the ingredients of Section 115(2) of the Bharatiya Nyaya Sanhita, 2023 ('BNS'). The essential elements of voluntarily causing grievous hurt by dangerous weapons or means, as defined under S. 115(2) BNS, require..."*

Citing BNS alongside case law:

When citing a Supreme Court or High Court judgment alongside BNS sections, follow this format:

> *"The Hon'ble Supreme Court, in Rajesh Kumar v. State of U.P., 2025 SCC OnLine SC 456, while interpreting Section 103(1) BNS (corresponding to the erstwhile Section 302 IPC), held that..."*

Pro tip: When citing BNS sections that correspond to well-known IPC sections, it is helpful — particularly in the transitional period — to include the IPC equivalent in parentheses. This assists the court and aids comprehension:

> *"...under Section 61(2) BNS (corresponding to erstwhile Section 420 IPC)..."*

6. Appeals and Revision Petitions

In appeal memos and revision petitions before High Courts:

> *"The appellant/petitioner is aggrieved by the order/judgment dated _____, passed by the learned [Court], in [Case No.], whereby the appellant has been convicted under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, and sentenced to..."*

When challenging conviction under BNS:

> *"The learned Trial Court erred in law and on facts in convicting the appellant under Section 303(2) BNS without appreciating that the essential ingredients of the offence, as defined under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, were not established beyond reasonable doubt."*

7. Supreme Court / High Court Writ Petitions

For constitutional challenges or writ petitions involving BNS provisions:

> *"The petitioner challenges the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), on the ground that it violates Articles 14, 19(1)(a), and 21 of the Constitution of India."*

Key addition: When challenging the constitutionality of a BNS provision, include the Act number — "Act No. 45 of 2023" — for precision.

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How to Cite BNS in Oral Arguments

During oral arguments before the court, the citation style is naturally less formal but must still be accurate:

Correct oral references:

- *"My Lord, the prosecution relies on Section 103(1) of the BNS..."* - *"Your Honour, the accused is charged under Section 61(2) BNS, which corresponds to the erstwhile Section 420 IPC..."* - *"My Lord, I draw the attention of this Hon'ble Court to Section 152 BNS — the new provision on acts endangering sovereignty..."*

Avoid:

- Referring to BNS sections by their old IPC numbers without clarification - Saying "new 302" or "BNS wala 420" — this is imprecise and unprofessional - Mixing up BNS, BNSS, and BSA provisions

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Citing Multiple BNS Sections Together

In criminal matters, accused persons are frequently charged under multiple sections. The standard format for citing multiple BNS sections is:

In pleadings:

> *"...offences punishable under Sections 61(2), 115(2), 117(3), and 351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 3(5) thereof."*

Key conventions:

- List sections in ascending numerical order.

- Use commas to separate sections, with "and" before the last section.

- Use "read with" (r/w) to link substantive offence sections with general provisions (abetment, conspiracy, joint liability, etc.).

- Use "thereof" when referring back to the same statute.

- When citing sections from both BNS and BNSS in the same sentence, name each statute explicitly.

Combined BNS + BNSS citation:

> *"The applicant seeks bail under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of offences under Sections 303(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023."*

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Transitional Period: When to Cite IPC vs BNS

This remains the most common source of confusion. Here is the definitive rule:

The cardinal rule: The substantive law applicable is determined by the date of the offence, not the date of filing, trial, or judgment. The procedural law applicable is determined by the date of the procedural step — and since BNSS replaced CrPC on 1 July 2024, procedural applications filed after that date should cite BNSS provisions.

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Common BNS Citation Mistakes to Avoid

Here are the most frequently encountered citation errors, with corrections:

Mistake 1: Citing the Year of Enforcement, Not Enactment

❌ *"Section 103(1) of the Bharatiya Nyaya Sanhita, 2024"*

✅ *"Section 103(1) of the Bharatiya Nyaya Sanhita, 2023"*

The BNS was enacted in 2023 (received Presidential assent on 25 December 2023). It came into force on 1 July 2024. The correct year in the citation is always the year of enactment — 2023.

Mistake 2: Misspelling the Name

❌ "Bhartiya Nyaya Sanhita" / "Bharitiya Nyay Sanhita" / "Bharatiya Nyay Samhita"

✅ "Bharatiya Nyaya Sanhita"

Mistake 3: Using IPC-Style Section Numbering

❌ *"Section 302 BNS"* (this is the IPC number, not BNS)

✅ *"Section 103(1) BNS"* (this is the correct BNS equivalent of IPC 302)

Mistake 4: Omitting Sub-Sections

❌ *"Section 115 BNS"*

✅ *"Section 115(2) BNS"* — The sub-section materially affects the offence definition and punishment. Always include it.

Mistake 5: Mixing IPC and BNS for the Same Incident

❌ *"...u/s 302 IPC r/w Section 3(5) BNS..."*

✅ Either cite all under IPC (pre-2024 offence) or all under BNS (post-2024 offence). Do not cross-reference provisions from different statutes for the same offence unless addressing a transitional or continuing offence.

Mistake 6: Using "BNS Act" Redundantly

❌ *"Under the BNS Act, 2023"*

✅ *"Under the Bharatiya Nyaya Sanhita, 2023"* or simply *"under the BNS"*

"Sanhita" itself means "Code" — so "BNS Act" is a tautology.

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Quick Reference: Most Frequently Cited BNS Sections and Their Correct Citation

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Citing BNS General Provisions (Joint Liability, Abetment, Attempt)

The BNS restructured the general provisions. Here is how to cite them correctly:

Joint Liability (Common Intention)

IPC: Section 34 — *"Acts done by several persons in furtherance of common intention"*

BNS: Section 3(5) — cited as:

> *"...under Section 303(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023."*

Abetment

IPC: Sections 107–120

BNS: Sections 45–60 — cited as:

> *"...under Section 103(1) read with Section 45 of the Bharatiya Nyaya Sanhita, 2023."*

Criminal Conspiracy

IPC: Section 120B

BNS: Section 61 — cited as:

> *"...under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023."*

Attempt

IPC: Section 511

BNS: Section 62 — cited as:

> *"...under Section 62 of the Bharatiya Nyaya Sanhita, 2023, for attempt to commit the offence under Section 303(2) BNS."*

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How Courts Are Citing BNS: Judicial Precedents

Indian courts have rapidly adopted BNS citation conventions. Here are examples from recent orders:

Supreme Court

The Supreme Court has consistently used the full citation on first reference followed by the abbreviation:

> *"The appellant stands convicted under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter 'BNS')..."*

High Courts

Most High Courts now follow a standardised format in their orders:

> *"The petitioner has been charged under Sections 61(2) and 109 BNS. Bail is sought under Section 482 BNSS..."*

Trial Courts / Sessions Courts

District and Sessions courts typically use the abbreviated format throughout, given the volume of cases:

> *"Charge framed u/s 303(2), 351(2), 351(3) BNS."*

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Drafting a Complete Bail Application with BNS Citations: Template

Here is a model paragraph from a bail application with correct BNS citation:

> *"That the applicant has been falsely implicated in FIR No. 245 of 2026, dated 10.05.2026, registered at Police Station Kotwali, District Lucknow, for offences punishable under Sections 115(2), 117(3), and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter 'BNS'), read with Section 3(5) thereof.* > > *That the applicant seeks regular bail under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS'), on the grounds that:* > > *(a) the investigation qua the applicant is complete and the chargesheet under Section 193 BNSS has been filed;* > > *(b) the applicant is not a flight risk and has deep roots in society;* > > *(c) the maximum punishment under Section 115(2) BNS is imprisonment up to 7 years, and the applicant has already been in custody for over 90 days;* > > *(d) no recovery has been effected from the applicant and the case rests entirely on the uncorroborated testimony of the complainant."*

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Digital Citation: BNS in Legal Tech and AI Tools

With the growing adoption of legal technology in Indian courts, proper digital citation of BNS sections has become essential:

In legal research platforms: When searching for BNS sections on SCC Online, Manupatra, Indian Kanoon, or LiveLaw, use the format "Section 103(1) BNS" or "S. 103 Bharatiya Nyaya Sanhita" for accurate results.

In AI-powered legal tools: Tools like Junior Lawyer AI automatically handle BNS citation formatting — whether you're drafting bail applications, legal notices, or research memos. The AI recognises both IPC and BNS section numbers and generates correctly formatted citations, complete with the appropriate statute name, year, and cross-references.

In e-filing systems: When filing through ICMS or e-Courts portals, ensure you select "BNS" from the statute dropdown (not "IPC") for post-1 July 2024 offences. The section number field should contain only the number and sub-section — e.g., "103(1)" — without the statute prefix.

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Conclusion

Citing the Bharatiya Nyaya Sanhita correctly in court is not merely a matter of form — it is a matter of professional competence. As the Indian legal system continues its transition from the colonial-era IPC to the BNS, advocates who master the citation conventions early will find themselves better positioned in court.

The key takeaways:

1. First reference: Use the full name — *"Section [X] of the Bharatiya Nyaya Sanhita, 2023"*.

2. Subsequent references: Use *"Section [X] BNS"* or *"S. [X] BNS"*.

3. Always use 2023 (year of enactment), not 2024.

4. Always include sub-sections in parentheses.

5. Never mix IPC and BNS sections for the same post-2024 offence.

6. Use "read with" to link substantive sections with general provisions.

7. Cite BNSS for procedural provisions (bail, chargesheet, appeal) — not CrPC.

Mastering BNS citation is the foundation of competent criminal practice in the new era of Indian criminal law. This guide should serve as your ready reference — in chambers, in court, and at your desk.