Law Transition Comparison: Section 45 IEA vs Section 39 BSA

Expert opinion: BSA explicitly includes electronic/digital experts.

The statutory maximum penalties and offenses classification remain consistent, but procedural execution under the new Sanhitas is subject to revised guidelines.

Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (BSA). For offenses on or after July 1, 2024, use the new Sanhita (IEA).

Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 45 of the IEA instead of the old Section 39 of the BSA.

Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (BSA) as if the new Sanhitas had not been enacted.

Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 45.