Tuesday, July 2, 2024

BNS V. IPC: CORRESPONDANCE TABLE AND COMPARISON SUMMARY

 

 BHARTATIYA NYAYA SANHITA, 2023 (BNS) V. THE INDIAN PENAL CODE, 1860 (IPC)

 

BNS

Sections/ Subsecti ons

Subject

IPC

Sections

Summary of comparison

1(1)

Short title, commencement and application.

1

This subject is covered by six subsections of Section 1 of BNS, corresponding to five separate sections of IPC, sans separate headings thereof. In IPC, the extent of code

operation is also given, which is absent in BNS.

1(2)

Commencement.

New

By subsection 1(2) of the BNS, the power to appoint the date of commencement is delegated to the Central Government, which was absent in the IPC.

1(3)

Punishment of offences committed within India.

2

No change except "Code" is replaced with "Sanhita". Wherever the word “Code” is used in IPC, the word “Sanhita” is used in BNS; therefore, this fact will not be specifically mentioned in this table hereinafter.

1(4)

Punishment of offences committed beyond, which by law may be tried within, India.

3

Section is included as a subsection in BNS

sans heading. “Indian laws” is replaced with “law" and “for the time being in force in India" is inserted.

1(5)

Short title, commencement and application- Extension of Code to extra-territorial offences.

4

Section is included as a subsection in BNS sans heading.

In the illustration, "Uganda" has been replaced with "any place outside India."

1(6)

Short title, commencement and application-“Certain laws not to be affected by this Act”.

5

IPC section is included as a subsection in BNS sans heading.

2

Definitions.

 

In the IPC, definitions are not consolidated in a single section; instead, they are given in independent sections from Section 8 to

Section 52A in Chapter II, “General

Explanations”. These have been conveniently organised and consolidated in a single section, i.e., Section-2, in alphabetical order as sub sections with Arabic numerals to facilitate easier reference.

2(1)

“act”.

33

In the IPC, Section 33 addressed both "Act" and "Omission" collectively. However, in the


 

 

 

BNS, "act" and "omission" are separately defined in sub-sections 2(1) and 2(25) respectively.

2(2)

"animal".

47

No change.

2(3)

"child".

New

Definition of 'child' in section 2(3) of BNS (child- any person below the age of eighteen years.) This is a new addition.

2(4)

"Counterfeit".

28

No change.

2(5)

"Court".

20

Section 2(5) of BNS excludes the illustration and uses the word "Court" in place of the words "Court of Justice".

2(6)

"Death".

46

No change.

2(7)

"Dishonestly".

24

Words “whoever does” and “is said to do that thing dishonestly” are excluded.

2(8)

"Document".

29 and 29A

Words “and includes electronic and digital record” are added.

BNS Section 2(8) incorporates both the sections 29 and 29A of IPC and adds digital records.

2(9)

Fraudulently.

25

Phraseology changed but essence is same.

2(10)

Gender.

8

Word "transgender” is added apart from genders of "male" and "female".

2(11)

Good faith.

52

No change.

2(12)

Government.

17

Words “Government of a State” are replaced by “State Government”.

2(13)

Harbour.

52A

Words "Except in section 157 and in section 130, in the case in which the harbour is given by the wife or husband of the person

harboured, the word” have been excluded.

2(14)

Injury.

44

Word “denotes” is replaced with “means”.

2(15)

Illegal and legally bound to do.

43

No change.

2(16)

Judge.

19

Simplified the definition of Judge, paragraphs are given numbers (i) and (ii). Out of four illustrations, only (b) is kept, while (a), (c), and (d) are excluded.

2(17)

Life.

45

Word “denotes” is replaced with “means”.

2(18)

Local law.

42

No change.

2(19)

Man.

10

The word “denotes” is replaced with “means” Unlike in IPC Section 10, “man” and "woman" are bifurcated into two subsections, 2(19) and 2(35) in BNS.

2(20)

Month and year.

49

“British calendar” is replaced by “Gregorian calendar”.

2(21)

Movable property.

22

By removing word “corporeal” the scope is expanded.


2(22)

Number.

9

No change.

2(23)

Oath.

51

'Court of Justice' is changed to 'Court'.

2(24)

Offence.

40

Word “denotes” is replaced by “means”.

2(25)

Omission.

33

Words “Act” and “Omission” are bifurcated into two subsections 2(1) and 2(25) respectively.

2(26)

Person.

11

No change.

2(27)

Public.

12

No change.

2(28)

Public servant.

21

“Military, Naval” are replaced by “Army, and Navy” respectively. “Juryman” is excluded.

2(29)

Reason to believe.

26

No change.

2(30)

Special law.

41

The word ‘is' is replaced by 'means'.

2(31)

Valuable security.

30

Word “denotes” replaced by “means”.

2(32)

Vessel.

48

Word “denotes” replaced by “means”.

2(33)

Voluntarily.

39

No change.

2(34)

Will.

31

"A will" is replaced by "Will".

2(35)

Woman.

10

The corresponding section of the IPC contains definitions of man and woman both whereas the BNS deals with them in separate provisions 2(19) and 2(35), respectively.

2(36)

Wrongful gain.

23

Clause-1

Word "is" is replaced by "means".

2(37)

Wrongful loss.

23

Clause-2

Ditto.

2(38)

Gaining wrongfully, losing wrongfully.

23

Clause-3

No change.

2(39)

Words and expressions used but not defined.

29A

The scope of Section 29A IPC is broadened. For words and expressions used

in BNS but not defined in BNS but defined in IT Act, 2000 and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), they shall have the meanings respectively assigned to them in that Act and Sanhita.

3(1)

General explanations.

6

Section is included as sub-section in BNS sans heading.

3(2)

General explanations- Sense of expression once explained.

7

Ditto.

3(3)

General explanations- Property in possession of wife, clerk or servant.

27

Section is included as a sub-section in BNS

sans heading. “Wife” is replaced by “Spouse”.

3(4)

General explanations-"Words referring to acts include illegal omissions".

32

Section is included as sub-section in BNS sans heading.


3(5)

General explanations- Acts done by several persons in furtherance of common intention.

34

Section is included as sub-section in BNS sans heading. No other change.

3(6)

General explanations- When such an act is criminal by reason of its being done with a criminal knowledge or intention.

35

Ditto.

3(7)

General explanations- Effect caused partly by act and partly by omission.

36

Ditto.

3(8)

General explanations- Co-operation by doing one of several acts constituting an offence.

37

Ditto.

3(9)

General explanations- Persons concerned in Criminal act may be guilty of different offences.

38

Ditto.

4

Punishments.

53

‘Community service' is added to punishments. The definition of community service is not given in BNS, but the explanation in Section 23 of the BNSS defines it as the "work which the court may order a convert to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration".

5

Commutation of sentence.

54 & 55

In this section, a cross reference to BNSS has

been made, whereas IPC does not refer to CrPC in this context.

Explanati on

to section 5

Commutation of sentence.

55A

The heading is dropped as the IPC section is given as an explanation in BNS.

The expression “for the purposes of this” is added.

6

Fractions of terms of punishment.

57

Words “unless otherwise provided” are added

7

Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

60

No change.

8(1)

Amount of fine, liability in default of payment of fine, etc.

63

IPC section is included as subsection in BNS with addition of words ‘liability in default of

payment of fine, etc.’ in heading.

8(2)

Sentence of imprisonment for non- payment of fine.

64

IPC section is included as sub-section in BNS sans heading.

8(3)

Limit to imprisonment for non- payment of fine, when imprisonment and fine awardable.

65

Ditto.

8(4)

Description of imprisonment for non- payment of fine.

66

The IPC section is included as a sub-section in BNS, sans heading. “or in default of

community service” is added..


8(5)

Imprisonment for non-payment of fine, when offence punishable with fine only.

67

IPC section is included as sub-section in BNS, sans heading. Words “or in default of

community service” are added. Imprisonment and fine are increased.

8(6)

Imprisonment to terminate on payment of fine. Termination of imprisonment on payment of proportional part of fine.

68 & 69

Heading is dropped as two sections of IPC are merged in this one sub-section of BNS.

8(7)

Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.

70

Section is included as sub-section in BNS, sans heading.

9

Limit of punishment of offence made up of several offences.

71

No change.

10

Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.

72

No change.

11

Solitary confinement.

73

Word “that is to say” is replaced with “namely”.

12

Limit of solitary confinement.

74

No Change

13

Enhanced punishment for certain offences after previous conviction.

75

No changes were made except for the corresponding chapter numbers mentioned in heading are dropped in BNS.

14

Act done by a person bound, or by mistake of fact believing himself bound, by law.

76

No change.

15

Act of Judge when acting judicially.

77

No change.

16

Act done pursuant to the judgment or order of Court.

78

Words 'Court of Justice' is replaced by “Court”.

17

Act done by a person justified, or by mistake of fact believing himself justified, by law.

79

No change.

18

Accident in doing a lawful act.

80

No change.

19

Act likely to cause harm, but done without criminal intent, and to prevent other harm.

81

Word “steam” is excluded in illustration.

20

Act of a child under seven years of age.

82

No change.

21

Act of a child above seven and under twelve of immature understanding.

83

No change.

22

Act of a person of unsound mind.

84

No change.


23

Act of a person incapable of judgment by reason of intoxication caused against his will.

85

No change.

24

Offence requiring a particular intent or knowledge committed by one who is intoxicated.

86

No change.

25

Act not intended and not known to be likely to cause death or grievous hurt, done by consent.

87

No change.

26

Act not intended to cause death, done by consent in good faith for person's benefit.

88

No change.

27

Act done in good faith for benefit of child or person, by or by consent of guardian.

89

Words “insane person” are replaced with “person of unsound mind”.

28

Consent known to be given under fear or misconception.

90

No change.

29

Exclusion of acts which are offences independently of harm caused.

91

No change.

30

Act done in good faith for benefit of a person without consent.

92

No change.

31

Communication made in good faith.

93

No change.

32

Act to which a person is compelled by threats.

94

No change.

33

Act causing slight harm.

95

No change.

34

Things done in private defence.

96

No change.

35

Right of private defence of body and of property.

97

Paragraphs are rephrased as clauses (a), (b), (c).

36

Right of private defence against the act of a person of unsound mind, etc.

98

In Illustrations, words “under the influence of madness” are replaced by “a person of unsound mind”.

37

Act against which there is no right to private defence

Extent to which the right may be exercised.

99

The IPC section is reframed into two subsections, and the first paragraph is reframed as sub-section 1 with clauses (a), (b),

and (c). The second paragraph is reproduced as subsection (2) sans heading.

38

When the right of private defence of property extends to causing death.

100

First, secondly, thirdly, fourthly, fifthly, sixthly, seventhly are replaced with (a),(b),(c),(d),(e),(f),(g).

39

When such right extends to causing any harm other than death.

101

No change.


40

Commencement and continuance of the right of private defence of the body.

102

No change.

41

When the right of private defence of property extends to causing death.

103

Words “by night” are replaced by “after

sunset and before sunrise” and “Mischief by fire”, replaced by “Mischief by fire or any explosive substance”.

42

When such right extends to causing any harm other than death.

104

No change.

43

Commencement and continuance of the right of private defence of property.

105

Words “by night” are replaced by “after sunset and before sunrise”.

44

Right of private defence against deadly assault when there is risk of harm to innocent person.

106

No change.

45

Abetment of a thing.

107

Words “Court of justice” are replaced with “Court”.

46

Abettor.

108

Word “lunatic” is replaced by words “a person of unsound mind”.

47

Abetment in India of offences outside India.

108A

Word “Goa” is replaced by “country X” in illustration.

48

Abetment outside India for offence in India.

-

“A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India”.

49

Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.

109

No change.

50

Punishment of abetment if person abetted does act with different intention from that of abettor.

110

No change.

51

Liability of abettor when one act abetted and different act done.

111

No change.

52

Abettor when liable to cumulative punishment for act abetted and for act done.

112

Words “the last preceding section” is replaced by “section 51”.

53

Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.

113

No change.


54

Abettor present when offence committed.

114

No change.

55

Abetment of offence punishable with death or imprisonment for life.

115

No change.

56

Abetment of offence punishable with imprisonment.

116

The words “if offence be not committed” are excluded from the heading.

The heading of paragraph 2, “If abettor or person abetted be a public servant whose duty it is to prevent offence” is excluded.

The word “by” is replaced by “under”

57

Abetting commission of offence by the public or by more than ten

persons.

117

Imprisonment is increased from three years to seven years.

58

Concealing design to commit offence punishable with death or imprisonment for life.

118

Words “in either case” are excluded from clause (b).

59

Public servant concealing design to commit offence which it is his duty to prevent.

119

No change.

60

Concealing design to commit offence punishable with imprisonment.

120

No change.

61(1)

Criminal conspiracy definition.

120A

IPC section is included as sub-section in BNS.

61(2)

Criminal conspiracy punishment.

120B

IPC section is included as sub-section in BNS, sans heading.

62

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

511

No change.

63

Rape definition.

375

Age of Consent: 15 years is replaced by 18 years in BNS. Exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the wife not being under 18 years of age, is not rape”.

64

Punishment for rape.

376(1) &

376(2)

Word “military” is replaced with “army”.

65(1)

Punishment for rape in certain cases- rape on a woman under sixteen years.

376(3)

No change.

65(2)

Punishment for rape in certain cases- rape on a woman under twelve years.

376AB

Section is included as sub-section in BNS sans heading.

66

Punishment for causing death or resulting in persistent vegetative state of victim.

376A

No change.


67

Sexual intercourse by husband upon his wife during separation.

376B

No change.

68

Sexual intercourse by a person in authority.

376C

No change.

69

Sexual intercourse by employing deceitful means etc.

-

“Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation. — “deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.”

70(1)

Gang rape.

376D

No Change except IPC section is included as subsection in BNS.

70(2)

Gang rape on women under the age of eighteen.

376DB

In 376DB IPC, the age of the victim is 12 years, and punishment is the death penalty. In 70(2) BNS, the age of the victim is under 18 years, and punishment is the death penalty.

Section is included as a sub-section in BNS, sans heading.

71

Punishment for repeat offenders.

376E

No change.

72

Disclosure of identity of victim of certain offences etc.

228A (1)/(2)

Word "minor' is replaced by 'child'.

73

Printing or publishing any matter relating to court proceedings without permission.

228A (3)

Sub-section of IPC is treated as individual section in BNS with heading.

74

Assault or use of criminal force to woman with intent to outrage her modesty.

354

No change.

75

Sexual harassment.

354A

No change.

76

Assault or use of criminal force to woman with intent disrobe.

354B

Words “Any man who” is replaced by “Whoever”.

77

Voyeurism.

354C

Ditto.

78

Stalking.

354D

No change.

79

Word, gesture or act intended to insult the modesty of a woman.

509

No change.

80

Dowry death.

304B

No change.


81

Cohabitation caused by man deceitfully inducing belief of lawful marriage.

493

No change.

82(1)

Marrying again during lifetime of husband or wife.

494

IPC section is included as a sub-section.

82(2)

Marrying again during lifetime of husband or wife with concealment of former marriage from person with whom subsequent marriage is contracted.

495

IPC section is included as sub-section in BNS sans heading.

Words “defined in last preceding section” are excluded.

83

Marriage ceremony fraudulently gone through without lawful marriage.

496

No change.

84

Enticing or taking away or detaining with criminal intent a married Woman.

498

The words “from that man or from any person having the care of her on behalf of that man” are excluded.

85

Husband or relative of husband of a woman subjecting her to cruelty.

498A

No change.

86

Cruelty defined.

498A

Explanat ion

IPC Section 498A has been bifurcated into Sections 85 and 86. The IPC explanation part has been provided in Section 86 BNS under the heading Cruelty defined.

87

Kidnapping or abducting in order to murder or for ransom, etc.

366

No change.

88

Causing miscarriage.

312

No change.

89

Causing miscarriage without woman’s consent.

313

In place of words “defined in last preceding section” previous section number is mentioned in BNS.

90

Death caused by act done with intent to cause miscarriage.

314

Heading of para-2 “if act done without

woman’s consent” is excluded. The words "Where the act referred to in sub-section (1)” are added.

91

Act done with intent to prevent child being born alive or to cause it to die after birth.

315

No change.

92

Causing death of quick unborn child by act amounting to culpable homicide.

316

No change.

93

Exposure and abandonment of child under twelve years, by parent or person having care of it.

317

No change.


94

Concealment of birth by secret disposal of dead body.

318

No change.

95

Hiring, employing or engaging a child to commit an offence.

-

“Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.

Explanation. —Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section”.

96

Procuration of child.

366A

Words “minor girl under the age of eighteen years” are replaced by word “child” and made gender neutral.

97

Kidnapping or abducting child under ten years with intent to steal from its person.

369

No change.

98

Selling minor for purposes of prostitution, etc.

372

“minor” is replaced by “child” in heading and words “any person under the age of eighteen

years” are replaced by the word "child'.

99

Buying minor for purposes of prostitution, etc.

373

Minimum mandatory punishment is introduced as seven years, and the upper limit of imprisonment is extended up to fourteen years in BNS, in place of ten years in IPC. Words “any person under the age of eighteen years” are replaced by the word "child'.

100

Culpable homicide.

299

No change.

101

Murder.

300

Formal changes, but essence is the same, Secondly, thirdly, and fourthly, are replaced by clauses (a), (b), (c), and (d).

The word “it” is replaced by the words "the act by which death is caused".

102

Culpable homicide by causing death of person other than person whose death was intended.

301

No change.

103

(1)

Punishment for murder.

302

No Change, except IPC section is included as subsection in BNS.

103

(2)

Punishment for murder.

-

“When a group of five or more persons acting in concert commits murder on the ground of


 

 

 

race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine”.

104

Punishment for murder by life- convict.

303

BNS gives an alternate punishment for the life-convict murderer as death 'or with imprisonment for life, which shall mean the remainder of that person’s natural life', whereas in IPC, only punishment is a death sentence for murder by a life convict.

105

Punishment for culpable homicide not amounting to murder.

304

Minimum imprisonment for five years is added and fine is made mandatory.

106

(1)

Causing death by negligence.

304A

IPC section is included as subsection in BNS. Imprisonment is increased and offence by registered medical practitioner and its explanation are added.

106

(2)

Causing death by negligence.

-

This is a new addition, but it will not come into force from 1st July 2024 with other new laws, it is kept on hold.

107

Abetment of suicide of child or person of unsound mind.

305

Formal changes but essence is same- 'insane person' is replaced by 'person of unsound mind'.

108

Abetment of suicide.

306

No change.

109

Attempt to murder.

307

Under IPC, Section 307 Clause 2 prescribes the death penalty only for an attempt to murder by a life-convict, but alternate punishment is given in Section 109(2) of the BNS, which states that "be punished with death or with imprisonment for life, which

shall mean the remainder of that person’s natural life".

110

Attempt to commit culpable homicide.

308

No change.

111

Organized crime.

-

Newly added section. “Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber- crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised

crime syndicate or on behalf of such syndicate, by  use  of  violence,  threat  of  violence,


 

 

 

intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime”.

112

Petty organized crime.

-

Newly added section. “Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit

petty organised crime”.

113

Terrorist act.

-

Newly added section.

114

Hurt.

319

No change.

115

(1)

Voluntarily causing hurt.

321

No Change except IPC section is included as subsection in BNS.

115

(2)

Punishment for voluntarily causing hurt.

323

Section is included as sub-section in BNS sans heading. Fine is increased (which may extend to ten thousand rupees).

116

Grievous hurt definition.

320

Suffering threshold period for grievous hurt is reduced from twenty days to fifteen days.

117

(1)

Voluntarily causing grievous hurt punishment.

322

No change.

117

(2)

Punishment for voluntarily causing grievous hurt.

325

Formal changes but essence is same.

117

(3)

Voluntarily causing grievous hurt.

-

New addition. “Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life”.

117

(4)

Voluntarily causing grievous hurt.

-

New addition. “When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either


 

 

 

description for a term which may extend to seven years, and shall also be liable to fine”.

118 (1)

Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

324

IPC section is included as a sub-section in BNS.

Fine is increased which may extend to twenty thousand rupees and words “'grievous hurt” are added in heading.

118 (2)

Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

326

IPC section is included as a sub-section in BNS sans heading. Mandatory minimum imprisonment for one year is added.

119 (1)

Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.

327

No change except that the IPC section is included as a sub-section in BNS.

119 (2)

Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.

329

IPC section is included as a sub-section in BNS sans heading. The words “any purpose referred to in sub-section (1)” is added.

120 (1)

Voluntarily causing hurt or grievous hurt to extort confession or to compel restoration of property.

330

IPC section is included as a sub-section in BNS.

120 (2)

Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.

331

IPC section is included as a sub-section in BNS sans heading. Words “any purpose referred to in sub-section (1)” are added.

121 (1)

Voluntarily causing hurt to deter public servant from his duty.

332

IPC section is included as a subsection in BNS. Imprisonment is increased from three to five years.

121 (2)

Voluntarily causing grievous hurt to deter public servant from his duty.

333

IPC section is included as a sub-section in BNS sans heading. Mandatory minimum imprisonment of one year is added.

122 (1)

Voluntarily causing provocation hurt on.

334

IPC section is included as a subsection in BNS. Fine is increased from five hundred to five thousand rupees

122 (2)

Voluntarily causing grievous hurt on provocation.

335

IPC section is included as a sub-section in BNS sans heading. Imprisonment is increased from four to five years and fine is increased

from two thousand to ten thousand rupees.

123

Causing harm by means of poison etc with intent to commit an offence.

328

No change.

124 (1)

Voluntarily causing grievous hurt by use of acid etc.

326A

The IPC section is included as a subsection in BNS. Words “causes a person to be in a permanent vegetative state" are added in Section 124(1) of the BNS.


124 (2)

Voluntarily causing grievous hurt by throwing or attempting to throw acid.

326B

IPC section is included as a sub-section in BNS, sans heading.

Words “permanent vegetative state” are added

125

Act endangering life or personal safety of others.

336

Fine is increased from rupees two hundred and fifty to two thousand five hundred.

125 (a)

Where hurt is caused.

337

Fine is increased from five hundred to five thousand rupees.

125 (b)

Where grievous hurt is caused.

338

Imprisonment is increased from two years to three years and fine is increased from one thousand to ten thousand rupees.

126 (1)

Wrongful restraint.

339

IPC section is included as a subsection in BNS.

126 (2)

Punishment for Wrongful restraint.

341

IPC section is included as a sub-section in BNS, sans heading. Fine is increased from five hundred rupees to five thousand rupees.

127 (1)

Wrongful confinement.

340

IPC section is included as a subsection in BNS.

127 (2)

Punishment for Wrongful confinement.

342

IPC section is included as a sub-section in BNS sans heading. Fine is increased from one thousand to five thousand rupees.

127 (3)

Wrongful confinement for three or more days.

343

The IPC section is included as a sub-section in the BNS sans heading. Imprisonment is increased from two years to three years, and the fine is extended up to ten thousand

rupees.

127 (4)

Wrongful confinement for ten or more days.

344

The IPC section is included as a sub-section in the BNS sans heading. Imprisonment is increased from three to five years, and a minimum fine of ten thousand rupees is stipulated.

127 (5)

Wrongful confinement of person for whose liberation writ has been issued.

345

IPC section is included as a sub-section in BNS sans heading. Fine is added.

127 (6)

Wrongful confinement in secret.

346

IPC section is included as a sub-section in BNS sans heading. Imprisonment is increased from two to three years and fine is added

127 (7)

Wrongful confinement to extort property, or constrain to illegal act.

347

No Change except that IPC section is included as a sub-section in BNS.

127 (8)

Wrongful confinement to extort confession, or compel restoration of property.

348

IPC section is included as a sub-section in BNS sans heading. No other change.

128

Force.

349

There is a change in phraseology; also, first, secondly, and thirdly have been replaced with (a), (b), and (c ).

129

Criminal force.

350

No change.

130

Assault.

351

No change.


131

Punishment for assault or criminal force otherwise than on grave provocation.

352

Fine is increased from five hundred to one thousand rupees.

132

Assault or criminal force to deter public servant from discharge of his duty.

353

No change.

133

Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

355

No change.

134

Assault or criminal force in attempt to commit theft of property carried by a person.

356

No change.

135

Assault or criminal force in attempt to wrongfully confine a person.

357

Fine is increased from one thousand to five thousand rupees.

136

Assault or criminal force on grave provocation.

358

Fine is increased from two hundred to one thousand rupees.

137 (1)

Kidnapping.

359

IPC section is included as a sub-section in BNS.

137 (1)

(a)

Kidnapping from India.

360

Ditto.

137 (1)

(b)

Kidnapping from lawful guardianship.

361

The IPC section is included as a clause in the BNS. Words “minor under the age of sixteen years of male or under eighteen years of age if

a female” are replaced by “child” thus making it gender neutral.

137 (2)

Punishment for kidnapping.

363

IPC section is included as a sub-section in BNS sans heading.

138

Abduction.

362

No change.

139

Kidnapping or maiming a child for purposes of begging.

363A,

The word “minor” is replaced by "child”. The word "rigorous" is added. Imprisonment is extended up to life, i.e., imprisonment for the remainder of that person’s natural life. The

clause (b) of sub-section (4) definition is excluded.

140 (1)

Kidnapping or abducting in order to murder, etc.

364

No Change except that IPC section is included as a sub-section in BNS.

140 (2)

Kidnapping for ransom, etc.

364A

Section is included as a sub-section in BNS sans heading.

140 (3)

Kidnapping or abducting with intent secretly and wrongfully to confine person.

365

Ditto.


140 (4)

Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

367

Ditto.

141

Importation of girl or boy from foreign country.

366B

Words “any boy under the age of eighteen

years” added and “she” is replaced by “girl or boy”.

142

Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

368

No change.

143

Trafficking of person.

370

Word “minor” is replaced by “child”.

144

Exploitation of a trafficked person.

370A

The upper limit of imprisonment is increased from seven years to ten years, and for sub- section (2), from five years to seven years.

“minor” is replaced by “child”.

145

Habitual dealing in slaves.

371

No change.

146

Unlawful compulsory labour.

374

No change.

147

Waging, or attempting to wage war. or abetting waging of war, against the Government of India.

121

No change.

148

Conspiracy to commit offences punishable by Section 147.

121A

“and beyond” is added.

149

Collecting arms, etc., with intention of waging war against the Government of India.

122

No change.

150

Concealing with intent to facilitate design to wage war.

123

No change.

151

Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

124

No change.

152

Act endangering sovereignty, unity and integrity of India.

-

Newly added section. “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or

commits any such act shall be punished with imprisonment for life or With imprisonment


 

 

 

which may extend to seven years, and shall also be liable to fine.”

153

Waging war against Government of any Foreign State at peace with Government of India.

125

Words “any Asiatic power in alliance” are

replaced by “Government of any foreign State at peace”.

154

Committing depredation on territories of Foreign State at peace with Government of India.

126

Words “any power in alliance” are replaced by “any foreign State”.

155

Receiving property taken by war or depredation mentioned in Sections 153 and 154.

127

No change.

156

Public servant voluntarily allowing prisoner of State or war to escape.

128

No change.

157

Public servant negligently suffering such prisoner to escape.

129

No change.

158

Aiding escape of, rescuing or harbouring such prisoner.

130

No change.

159

Abetting mutiny, attempting to seduce a soldier, sailor or airman from his duty.

131

No change.

160

Abetment of mutiny, if mutiny is committed in consequence thereof.

132

Upper limit of imprisonment is increased from three years to ten years.

161

Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

133

No change.

162

Abetment of such assault, if the assault is committed.

134

No change.

163

Abetment of desertion of soldier, sailor or airman.

135

No change.

164

Harbouring deserter.

136

Word “wife” is replaced by “spouse” in the

exception of this section thereby made gender nuetral.

165

Deserter concealed on board, of master merchant vessel through negligence.

137

Upper limit of fine is increased from five hundred to three thousand rupees.

166

Abetment of act of insubordination by soldier, sailor or airman.

138

Upper limit of imprisonment is increased from six months to two years.


167

Persons subject to certain Acts.

139

No change.

168

Wearing garb or carrying token used by soldier, sailor or airman.

140

“Military” is replaced by "Army." The upper limit of the fine has been increased from five hundred to two thousand rupees.

169

Candidate, electoral right defined.

171A

No change.

170

Bribery.

171B

No change.

171

Undue influence at elections.

171C

No change.

172

Personation at elections.

171D

No change.

173

Punishment for bribery.

171E

No change.

174

Punishment for undue influence or personation at an election.

171F

No change.

175

False statement in connection with an election.

171G

No change.

176

Illegal payment in connection with an election.

171H

Upper limit of fine is increased from five hundred to ten thousand rupees.

177

Failure to keep election accounts.

171-I

Upper limit of fine is increased from five hundred to five thousand rupees.

178

Counterfeiting coin, Government stamps, currency- notes or bank- notes.

230 to

232,

246 to

249, 255,

489A

Nine sections of IPC have been covered in this single section of BNS. Thus, in a single stroke, the number of sections and offences

has been reduced by eight. Illustrations given u/s 230 IPC are excluded.

179

Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes.

237 to

241, 250,

251, 254,

258, 260,

489B

Eleven sections of IPC have been covered in this single section of BNS. Thus, in a single stroke, the number of section and offences has been reduced by ten.

180

Possession of forged or counterfeit coin, Government stamp, currency- notes or bank-notes.

242,

243, 252,

253, 259,

489C

Six sections of IPC have been covered in this single section of BNS. Thus, in a single stroke, the number of sections and offences has been reduced by five. and 'not constitute

an offence' is added.

181

Making or possessing instruments or materials for forging or counterfeiting coin, govt stamps, currency notes or bank notes.

233 /

234 /

235 /

256 /

257 /

489D

Six sections of IPC have been covered in this single section of BNS. Thus, in a single stroke, the number of sections and offences has been reduced by five, and 'any coin, stamp issued by Government for the purpose of revenue' is added.


182

Making or using documents resembling currency-notes or bank- notes.

489E

Upper limit of fine is increased from one hundred to three hundred rupees and two hundred to six hundred rupees.

183

Effacing, writing from substance bearing Government stamp, removing from document a stamp used for it, with intent to cause loss to Government.

261

No change.

184

Using Government stamp known to have been before used.

262

No change.

185

Erasure of mark denoting that stamp has been used.

263

No change.

186

Prohibition of fictitious stamps.

263A

Words “'and also in any part of Her Majesty’s dominions” are excluded.

187

Person employed in mint causing coin to be of different weight or composition from that fixed by law.

244

No change.

188

Unlawfully taking coining instrument from mint.

245

No change.

189 (1)

Unlawful assembly.

141

First, second, third, fourth, fifth, have been replaced by (a),(b),( c), (d) and( e).

189 (2)

Unlawful assembly- Being member of unlawful assembly.

142

Section is included as a sub-section in BNS sans heading. No other Changes.

189 (3)

Unlawful assembly- Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.

145

Ditto.

189 (4)

Unlawful assembly- Joining unlawful assembly armed with deadly weapon.—

144

Ditto.

189 (5)

Unlawful assembly- Knowingly joining or continuing in assembly of five or more persons after it has been

commanded to disperse.—

151

Ditto.

189 (6)

Unlawful assembly- Hiring, or conniving at hiring, of persons to join unlawful assembly.

150

Ditto.

189 (7)

Unlawful assembly- Harbouring persons hired for an unlawful assembly.

157

Ditto.


189 (8)/

(9)

Unlawful assembly- Being hired to take part in an unlawful assembly or riot. Or to go armed.

158

IPC Section 158 both paragraphs, are reproduced in two different sub-sections (8) and (9) of 189 BNS sans heading.

190

Every member of unlawful assembly guilty of offence committed in prosecution of common object.

149

No change.

191 (1)

Rioting-Offence defined.

146

This IPC section defines the offence which is included in BNS as a sub-section.

191 (2)

Rioting- Punishment for rioting.

147

IPC section is included as a sub-section in BNS, sans heading.

191 (3)

Rioting- Being armed with deadly weapon.—

148

IPC section is included as a sub-section in BNS, sans heading. Upper limit of

imprisonment is increased from three years to five years.

192

Wantonly giving provocation with intent to cause riot if rioting be committed if not committed.

153

No change.

193 (1)

Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.

154

Section is included as a sub-section in BNS. Words “Liability of” and “or riot” are added in the heading.

193 (2)

Liability of person for whose benefit riot is committed.

155

Section is included as a sub-section in BNS sans heading.

193 (3)

Liability of agent of owner or occupier for whose benefit riot is committed.

156

Ditto.

194 (1)

Affray- defined.

159

IPC section is included as a subsection in BNS.

194 (2)

Punishment for Affray.

160

Section is included as a sub-section in BNS sans heading. Upper limit of fine is increased from one hundred to one thousand rupees.

195 (1)

Assaulting or obstructing public servant when suppressing riot, etc.

152

The Section 152 in the IPC regarding 'assaulting or obstructing public servants when suppressing riots, etc.' has been divided into two parts and included in Section 195 of the new law (BNS): one for the offence of assaulted in the section of public servants and the other for threatening to assault or attempt to obstruct, having different punishments and fines. The minimum threshold for a fine is

twenty-five thousand rupees, and ‘or uses criminal force on any public servant' is added.


195 (2)

Assaulting or obstructing public servant when suppressing riot, etc.

152

In cases where the offender threatens to assault or attempts to obstruct a public servant or threatens or attempts to use criminal force on a public servant in the described situations, the punishment includes imprisonment of a term that may extend to one year. A fine may also be imposed under this sub-section. This is a rare case of a reduction in punishment.

196

Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.,

and doing acts prejudicial to maintenance of harmony.

153A

The word “or through electronic

communication” is added as one of the modes of spreading disharmony, etc.

197

Imputations, assertions prejudicial to national integration.

153B

Words “or through electronic

communication” as the mode of spreading specified activities are added.

197 (1)d

Makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India.

New

New Clause 197(1)(d) “makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India”.

198

Public servant disobeying law, with intent to cause injury to any person.

166

No change.

199

Public servant disobeying direction under law.

166A

No change.

200

Punishment for non-treatment of victim.

166B

No change.

201

Public servant framing an incorrect document with intent to cause injury.

167

No change.

202

Public servant unlawfully engaging in trade.

168

New punishment of "community service" is added.

203

Public servant unlawfully buying or bidding for property.

169

No change.

204

Personating a public servant.

170

Mandatory minimum imprisonment is introduced as six months and upper limit is increased from two years to three years.

205

Wearing garb or carrying token used by public servant with fraudulent intent.

171

Upper limit of fine is increased from rupees two hundred to five thousand.

206

Absconding to avoid service of summons or other proceeding.

172

The upper limit of the fine is increased from five hundred to five thousand rupees and one


 

 

 

thousand to ten thousand rupees; 'Court of justice' is replaced by 'Court' etc.

207

Preventing service of summons or other proceeding, or preventing publication thereof.

173

Ditto.

208

Non-attendance in obedience to an order from public servant.

174

Ditto.

209

Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita,2023.

174A

New punishment of "as with community

service” is added in regard to proclamation under section 84(1)BNSS [82(1) CrPC].

210

Omission to produce document or electronic record to public servant by person, legally bound to produce it.

175

The upper limit of the fine has been increased from five hundred to five thousand rupees and from one thousand to ten thousand rupees. “or if” is replaced by “where”

'Court of Justice' is replaced by 'Court'.

211

Omission to give notice or information to public servant by person legally bound to give it.

176

Upper limit of fine are increased from five hundred to five thousand rupees and one thousand to ten thousand rupees.

212

Furnishing false information.

177

The upper limit of the fine has been increased from one thousand to five thousand rupees. “Bound under clause 5, section VII,

Regulation III, 1821,of the Bengal Code” is

replaced by “legally bound” in the illustration (b).

213

Refusing oath or affirmation when duly required by public servant to make it.

178

Upper limit of fine is increased from one thousand to five thousand rupees.

214

Refusing to answer public servant authorised to question.

179

Ditto.

215

Refusing to sign statement.

180

Upper limit of fine is increased from five hundred to three thousand rupees.

216

False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.

181

No change.

217

False information, with intent to cause public servant to use his lawful power to the injury of another person.

182

The upper limit of imprisonment increased from six months to one year, and the fine increased from one thousand to ten thousand rupees.


218

Resistance to the taking of property by the lawful authority of a public servant.

183

Upper limit of fine has been increased from one thousand to ten thousand rupees.

219

Obstructing sale of property offered by authority of public servant for sale.

184

Upper limit of fine has been increased from five hundred to five thousand rupees.

220

Illegal purchase or bid for property offered for sale by authority of public servant.

185

No change.

221

Obstructing public servant in discharge of public functions.

186

Upper limit of fine is increased from five hundred to two thousand and five hundred

rupees.

222

Omission to assist public servant when bound by law to give assistance.

187

Section is reorganised in the form of clauses

(a) and (b) without changing the essence, and the upper limit of the fine is increased from two hundred to two thousand and five hundred rupees and five hundred to five thousand rupees.

223

Disobedience to order duly promulgated by public servant.

188

The section is reorganised in the form of clauses (a) and (b). In clause (a), the upper limit of imprisonment is increased from one month to six months, and the fine is increased from two hundred to two thousand and five hundred rupees. In clause (b), the limit of imprisonment is increased from six months to one year, and the fine from one thousand

rupees to five thousand rupees.

224

Threat of injury to public servant.

189

No change.

225

Threat of injury to induce person to refrain from applying for protection.

190

No change.

226

Attempt to commit suicide to compel or restrain from applying or restrain of lawful power.

new

“Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or

with both, or with community service”.

227

Giving false evidence.

191

No change.

228

Fabricating false evidence.

192

No change.

229

Punishment for false evidence.

193

Fine is defined in sub-section (1) as up to ten thousand rupees and in sub-section (2) as up to five thousand rupees.


230

Giving or fabricating false evidence with intent to procure conviction of capital offence.

194

Fine defined in this section as up to fifty thousand rupees.

231

Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.

195

No change.

232

Threatening any person to give false evidence.

195A

Reorganized in form of sub-section (1) and (2) without changing a word.

233

Using evidence known to be false.

196

No change.

234

Issuing or signing false certificate.

197

No change.

235

Using as true a certificate known to be false.

198

No change.

236

False statement made in declaration which is by law receivable as evidence.

199

Words “Court of Justice” is replaced by “Court”.

237

Using as true such declaration knowing it to be false.

200

“this section” is used instead of "200" (section) in the explanation of IPC u/s 200 IPC.

238

Causing disappearance of evidence ,or giving false information to screen offender.

201

Clauses named as (a), (b), (c) sans heading.

239

Intentional omission to give information of offence by person bound to inform.

202

Fine defined in this section is five thousand rupees, whereas in IPC fine is not defined.

240

Giving false information respecting an offence committed.

203

No change.

241

Destruction of document or electronic record to prevent its production as evidence.

204

The upper limit is imprisonment from two years to three years, and the fine is defined as up to five thousand rupees.

242

False personation for purpose of act or proceeding in suit or prosecution.

205

No change.

243

Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

206

The upper limit of imprisonment increased from two years to three years, and the fine is defined as up to five thousand rupees. “Court of Justice” is replaced by “Court”.


244

Fraudulent claim to property to prevent its seizure as forfeited or in execution.

207

“Court of Justice” is replaced by “Court”.

245

Fraudulently suffering decree for sum not due.

208

No change.

246

Dishonestly making false claim in Court.

209

“'Court of Justice” is replaced by 'Court'.

247

Fraudulently obtaining decree for sum not due.

210

IPC section is reorganized in form of clauses (a), (b) in BNS.

248

False charge of offence made with intent to injure.

211

The upper limit of imprisonment is increased from two years to five years and from seven years to ten years, and the fine is defined as up

to two lakh rupees.

249

Harbouring offender.

212

Section is reorganized in form of clauses (a),

(b) and (c) and sub-headings are dropped. 'husband or wife' is replaced by 'spouse'.

250

Taking gift, etc., to screen an offender from punishment.

213

Formal change but essence is same. Section is reorganized in form of clauses (a), (b) and (c) and sub-headings are dropped.

251

Offering gift or restoration of property in consideration of screening offender.

214

Ditto.

252

Taking gift to help to recover stolen property, etc.

215

No change.

253

Harbouring offender who has escaped from custody or whose apprehension has been ordered.

216

Section is reorganized in form of clauses (a),

(b) and (c) and sub-headings are dropped. “husband or wife” is replaced by “spouse”.

254

Penalty for harbouring robbers or dacoits.

216A

Formal changes but essence is same-

“husband or wife” is replaced by “spouse”.

255

Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

217

No change.

256

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

218

No change.

257

Public servant in judicial proceeding corruptly making report, etc. contrary to law.

219

No change.


258

Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.

220

No change.

259

Intentional omission to apprehend on part of public servant bound to apprehend.

221

Section is reorganized in form of clauses (a),

(b) and (c).

260

Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.

222

Ditto.

261

Escape from confinement or custody negligently suffered by public servant.

223

No change.

262

Resistance or obstruction by a person to his lawful apprehension.

224

No change.

263

Resistance or obstruction to lawful apprehension of another person.

225

Section is reorganized in form of clauses (a),

(b) and (c).

264

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.

225A

No change.

265

Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.

225B

No change.

266

Violation of condition of remission of punishment.

227

No change.

267

Intentional insult or interruption to public servant sitting in judicial proceeding.

228

Upper limit of fine is increased from one thousand to five thousand rupees.

268

Personation of assessor.

229

In heading “Personation of assessor” is used in place of “juror or assessor” and word "juryman" is excluded.

269

Failure by person released on bail or bond to appear in Court.

229A

No change.

270

Public nuisance.

268

Two paragraphs were merged together with

the help of the coordinating conjunction “but”.


271

Negligent act likely to spread infection of disease dangerous to life.

269

No change.

272

Malignant act likely to spread infection of disease dangerous to life.

270

No change.

273

Disobedience to quarantine rule.

271

Word "vessel" is replaced by the phrase “mode of transport etc.”

274

Adulteration of food or drink intended for sale.

272

Upper limit of fine is increased from one thousand to five thousand rupees.

275

Sale of noxious food or drink.

273

Upper limit of fine is increased from one thousand to five thousand rupees.

276

Adulteration of drugs.

274

Upper limit of imprisonment is increased from six months to one years and fine is increased from one thousand to five thousand rupees.

277

Sale of adulterated drugs.

275

Upper limit of fine is increased from one thousand to five thousand rupees.

278

Sale of drug as a different drug or preparation.

276

The upper limit of fine is increased from one thousand to five thousand rupees.

279

Fouling water of public spring or reservoir.

277

The upper limit of the imprisonment is increased from three months to six months and fine is increased from five hundred to five

thousand rupees.

280

Making atmosphere noxious to health.

278

The upper limit of the fine is increased from five hundred to one thousand rupees.

281

Rash driving or riding on a public way.

279

No change.

282

Rash navigation of vessel.

280

The upper limit of the fine has been increased from one thousand to ten thousand rupees.

.

283

Exhibition of false light, mark or buoy.

281

Fine is added as punishment in addition to imprisonment rupees ten thousand is fixed as lower limit of fine. Word “and” has replaced “or”.

284

Conveying person by water for hire in unsafe or overloaded vessel.

282

The upper limit of the fine is increased from one thousand to five thousand rupees.

285

Danger or obstruction in public way or line of navigation.

283

The upper limit of the fine is increased from two hundred to five thousand rupees.

286

Negligent conduct with respect to poisonous substance.

284

The upper limit of the fine is increased from one thousand to five thousand rupees.


287

Negligent conduct with respect to fire or combustible matter.

285

The upper limit of the fine is increased from one thousand to two thousand rupees.

288

Negligent conduct with respect to explosive substance.

286

The upper limit of the fine is increased from one thousand to five thousand rupees.

289

Negligent conduct with respect to machinery.

287

Upper limit of the fine is increased from one thousand to five thousand rupees.

290

Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.

288

BNS added "or constructing”.

The upper limit of the fine is increased from one thousand to five thousand rupees.

“measures” replaces “order”.

291

Negligent conduct with respect to animal.

289

Word “measure” replaces “order” The upper limit of the fine is increased from one thousand to five thousand rupees.

292

Punishment for public nuisance in cases not otherwise provided for.

290

The upper limit of the fine is increased from two hundred to one thousand rupees.

293

Continuance of nuisance after injunction to discontinue.

291

Fine is defined as up to five thousand rupees.

294

Sale, etc., of obscene books, etc.

292

The fine is increased from two thousand to five thousand rupees and from five thousand to ten thousand rupees on subsequent conviction.

“including display of any content in electronic form'” is added. “in whatever manner” is also added.

295

Sale, etc., of obscene objects to young person.

293

“person under the age of twenty years” is replaced by “child”, thereby curtailing the scope of this provision.

296

Obscene acts and songs.

294

Fine is defined as up to one thousand rupees.

297

Keeping lottery office.

294A

The upper limit of the fine is increased from one thousand to five thousand rupees.

298

Injuring or defiling place of worship with intent to insult the religion of any class.

295

No change.

299

Deliberate and malicious acts intended to outrage religious feelings of any class, by insulting its religion or religious beliefs.

295A

Words “or through electronic means” are added.

300

Disturbing religious assembly.

296

No change.

301

Trespassing on burial places, etc.

297

No change.


302

Uttering words, etc., with deliberate intent to wound the religious feelings of any person.

298

No change.

303 (1)

Theft.

378

IPC section is included as sub section. “Definition” is replaced by “Section” in explanation 5.

303 (2)

Punishment for theft.

379

Punishment for subsequent convictions is added.

304

Snatching.

-

New addition.

305

Theft in a dwelling house, or means of transportation or place of worship, etc.

380

The definition enlarged "means of transportation or place of worship,' is added in the heading is reframed containing various sub-sections wherein sub-sections (b), (c), (d),

(e) are new additions.

306

Theft by clerk or servant of property in possession of master.

381

No change.

307

Theft after preparation made for causing death, hurt or restraint in order to committing of theft.

382

No change.

308 (1)

Extortion.

383

Clause (e) is newly added in the illustrations.

308 (2)

Extortion punishment.

384

IPC section is included as a sub-section in BNS sans heading. The upper limit of the

imprisonment is increased from three years to seven years.

308 (3)

Putting person in fear of injury in order to commit extortion.

385

IPC section is included as a sub-section in BNS sans heading. No other change.

308 (4)

Putting person in fear of death or of grievous hurt, in order to commit extortion.

387

Ditto.

308 (5)

Extortion by putting a person in fear of death or grievous hurt.

386

Ditto.

308 (6)

Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

388

IPC section is included as a sub-section in BNS sans heading. Words “and, if the offence by punishable under section 377 of this Code, may be punished with imprisonment for life” are removed as the section 377 IPC has been

excluded altogether.

308 (7)

Putting person in fear or accusation of offence, in order to commit extortion.

389

Ditto.

309 (1),

(2), (3)

Robbery- When theft is robbery When extortion is robbery.

390

Formal changes reorganized in form of clauses (1), (2), and (3) and sub-heading is dropped.


309 (4)

Robbery- Punishment for robbery.

392

IPC Section is included as sub-section in BNS sans heading. No other change.

309 (5)

Robbery- Attempt to commit robbery.

393

Ditto.

309 (6)

Robbery- Voluntarily causing hurt in committing robbery.

394

Ditto.

310 (1)

Dacoity definition.

391

Ditto.

310 (2)

Dacoity punishment .

395

Ditto.

310 (3)

Dacoity with murder.

396

IPC section is included as sub-section in BNS sans heading. Minimum mandatory punishment of imprisonment is "shall not be less than ten years".

310 (4)

Making preparation to commit dacoity.

399

IPC section is included as sub-section in BNS sans heading. No other change.

310 (5)

Assembling for purpose of committing dacoity.

402

The IPC section is included as sub-section in BNS, sans heading. Words “at any time after the passing of this Act, shall” is removed.

310 (6)

Punishment for belonging to gang of dacoits.

400

Ditto.

311

Robbery or dacoity, with attempt to cause death or grievous hurt.

397

No change.

312

Attempt to commit robbery or dacoity when armed with deadly weapon.

398

No change.

313

Punishment for belonging to gang of robbers, etc.

401

The word 'thieves' is replaced by “robbers” in the heading. The words “at any time after the

passing of this Act, shall” “at wandering or other”and “for the purpose of” are excluded.

314

Dishonest misappropriation of property.

403

Minimum mandatory imprisonment of six months and with fine added.

315

Dishonest misappropriation of property possessed by deceased person at the time of his death.

404

No change.

316 (1)

Criminal breach of trust.

405

Definition presented in BNS as a sub-section.

316 (2)

Punishment for criminal breach of trust.

406

IPC Section is included as sub-section in BNS sans heading. The upper limit of the

imprisonment is increased from three years to five years.

316 (3)

Criminal breach of trust by carrier, etc.

407

Section is included as sub-section in BNS sans heading.

316 (4)

Criminal breach of trust by clerk or servant.

408

Ditto.


316 (5)

Criminal breach of trust by public servant, or by banker, merchant or agent.

409

Ditto.

317 (1)

Stolen property.

410

Word “cheating” is added.

317 (2)

Dishonestly receiving stolen property.

411

IPC Section is included as sub-section in BNS sans heading.

317 (3)

Dishonestly receiving property stolen in the commission of a dacoity.

412

Ditto.

317 (4)

Habitually dealing in stolen property.

413

Ditto.

317 (5)

Assisting in concealment of stolen property.

414

Ditto.

318 (1)

Cheating.

415

IPC section defining cheating is presented in BNS as a sub-section.

318 (2)

Cheating punishment.

417

The IPC section is included as a sub-section in the BNS sans heading. The upper limit of imprisonment is increased from one year to three years.

318 (3)

Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.

418

IPC section is included as a sub-section in BNS sans heading. The upper limit of imprisonment is increased from three years to five years.

318 (4)

Cheating and dishonestly inducing delivery of property.

420

IPC section is included as a sub-section in BNS sans heading.

319 (1)

Cheating by personation.

416

Formal change. This is a definition section which is presented as a sub-section in BNS without any change.

319 (2)

Cheating by personation punishment.

419

IPC section is included as a sub-section in BNS sans heading. Upper limit of imprisonment is increased from three years to five years.

320

Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.

421

Minimum mandatory punishment for imprisonment of six months has been introduced.

321

Dishonestly or fraudulently preventing debt being available for creditors.

422

No change.

322

Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.

423

Upper limit of imprisonment is increased from two years to three years.

323

Dishonest or fraudulent removal or concealment of property.

424

Ditto.

324 (1)

Mischief.

425

No change.


324 (2)

Mischief punishment.

426

The upper limit of imprisonment is increased from three months to six months.

324 (3)

Mischief - causes loss or damage to any property including the property of Government or Local Authority.

New

This is a new addition.

324 (4)

Mischief causing damage to the amount of twenty thousand rupees and more but less than one lakh rupees.

427

Newly added

324 (5)

Mischief- cause loss or damage to amount of one lakh rupees onwards.

New

Value of damaged property amount threshold increased from fifty rupees to one lakh rupees. Punishment increased from two years to five years.

324 (6)

Mischief committed after preparation made for causing death or hurt.

440

No change.

325

Mischief by killing or maiming animal.

428/ 429

The upper limit of imprisonment is increased from two years to five years. Scope is expanded greatly by amending it to “any

animal”.

326 (a)

Mischief by injury, inundation, fire or explosive substance, etc.

430

IPC section is included as a sub-section sans heading.

326 (b)

Mischief by injury to public road, bridge, river or channel.

431

Words “whoever commits mischief” is excluded. Section is included as a sub-section sans heading.

326 (c)

Mischief by causing inundation or obstruction to public drainage attended with damage.

432

IPC section is included as a sub-section sans heading.

326 (d)

Mischief by injury, inundation, fire or explosive substance, etc.

433

words “light house or other light used as sea marks or any sea mark or buoy” are replaced by “any sign or signal used for navigation of rail, aircraft, or ship,” thus the scope is widened immensely.

326 (e)

Mischief by destroying or moving, etc., a land-mark fixed by public authority.

434

IPC section is included as a sub-section sans heading.

326 (f)

Mischief by injury, inundation, fire or explosive substance, etc.

435

Words "including agricultural produce" added.

326 (g)

Mischief by fire or explosive substance with intent to destroy house, etc.

436

IPC section is included as a sub-section sans heading.

327 (1)

Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden.

437

Formal changes, but essence is same-“rail, aircraft" are added in the heading.

327 (2)

Punishment for above offence.

438

IPC section is included as a sub-section sans heading.


328

Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

439

No change.

329 (1)

Criminal trespass and house- trespass.

441

IPC section is included as a sub-section.

329 (2)

Criminal trespass and house- trespass.

442

Ditto.

329 (3)

Criminal trespass punishment.

447

The IPC section is included as a sub-section in the BNS sans heading. The fine increased from five hundred rupees to five thousand rupees.

329 (4)

Punishment for house- trespass.

448

The IPC section is included as a sub-section in the BNS sans heading. The upper limit of the fine has been increased from one thousand to

five thousand rupees.

330 (1)

Lurking house trespass.

443

IPC section is included as a sub-section.

330 (2)

House breaking.

445

The IPC section is included as a sub-section in the BNS sans heading. Words “any of such six ways” are replaced with “in any of the following ways”.

331 (1)

Punishment for house- trespass or house-breaking.

453

IPC section is included as a sub-section. “Lurking” is dropped from heading.

331 (2)

Punishment for lurking house-trespass or house-breaking by night.

456

IPC section is included as a sub-section in BNS sans heading. “by night' is replaced by after “sunset and before sunrise”.

331 (3)

Lurking house-trespass or house- breaking in order to commit offence punishable with imprisonment.

454

IPC section is included as a sub-section in BNS sans heading.

331 (4)

Lurking house-trespass or house- breaking by night in order to commit offence punishable with imprisonment.

457

The words “by night” are replaced by “after sunset and before sunrise”.

331 (5)

Lurking house-trespass or house- breaking after preparation for hurt, assault or wrongful restraint.

455

Section is included as a sub-section in BNS sans heading.

331 (6)

Lurking house-trespass or house- breaking by night after preparation for hurt, assault, or wrongful restraint.

458

IPC section is included as a sub-section in BNS sans heading. “by night” is replaced by “after sunset and before sunrise”.

331 (7)

Grievous hurt caused whilst committing lurking house-trespass or house-breaking.

459

IPC section is included as a sub-section in BNS sans heading.


331 (8)

All persons jointly concerned in lurking house-trespass or house- breaking by night punishable where death or grievous hurt caused by one of them.

460

IPC section is included as a sub-section in BNS sans heading. “by night” is replaced by “after sunset and before sunrise”.

332 (a)

House-trespass in order to commit offence punishable with death.

449

IPC section is included as a sub-section in BNS.

332 (b)

House-trespass in order to commit offence punishable with imprisonment for life.

450

IPC section is included as a sub-section sans heading.

332 (c)

House-trespass in order to commit offence punishable with

imprisonment.

451

IPC section is included as a sub-section sans heading.

333

House-trespass after preparation for hurt, assault or wrongful restraint.

452

No change.

334 (1)

Dishonestly breaking open receptacle containing property.

461

IPC section is included as a sub-section in BNS.

334 (2)

Punishment for same offence when committed by person entrusted with custody.

462

IPC section is included as a sub-section in BNS sans heading.

335

Making a false document.

464

Heading changed and first, secondly, thirdly replaced with (A), (B), (C).

336 (1)

Forgery.

463

Section is included as a sub-section in BNS. No other change.

336 (2)

Forgery punishment.

465

Section is included as a sub-section in BNS sans heading. No other Change.

336 (3)

Forgery for purpose of cheating.

468

Ditto.

336 (4)

Forgery for purpose of harming reputation.

469

Ditto.

337

Forgery of record of Court or of public register, etc.

466

“Court or an identity document issued by the government, including a voter identity card or Aadhaar card,” is added, and “baptism” is excluded.

338

Forgery of valuable security, will, etc.

467

No change.

339

Having possession of document described in Section 337 or

Section 338, knowing it to be forged and intending to use it as genuine.

474

No change.

340 (1)

Forged document or electronic record. and using it as genuine.

470

IPC section is included as a sub-section in BNS. “using it as genuine” is added in the heading.

340 (2)

Using as genuine a forged document or electronic record.

471

IPC section is included as a sub-section in BNS sans heading.


341 (1)

Making or possessing counterfeit seal, etc., with intent to commit forgery, punishable under section 338.

472

IPC section is included as a sub-section in BNS.

341 (2)

Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.

473

IPC section is included as a sub-section in BNS sans heading.

341 (3)

Possesses any seal, plate or other instrument knowing the same to be counterfeit.

New sub- section

“Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine”.

341 (4)

Fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit.

New sub- section

“Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument”.

342 (1)

Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked

material.

475

IPC section is included as a sub-section in BNS.

342 (2)

Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.

476

IPC section is included as a sub-section in BNS sans heading.

343

Fraudulent cancellation, destruction, etc. of will, authority to adopt, or valuable security.

477

No change.

344

Falsification of accounts.

477A

No change.

345 (1)

Property mark.

479

IPC section is included as a sub-section in BNS.

345 (2)

Using a false property mark.

481

IPC section is included as a sub-section in BNS sans heading.

345 (3)

Punishment for using a false property mark.

482

Ditto.

346

Tampering with property mark with intent to cause injury.

489

No change.

347 (1)

Counterfeiting a property mark.

483

IPC section is included as a sub-section in BNS.

347 (2)

Counterfeiting a mark used by a public servant.

484

IPC Section is included as a sub-section in BNS sans heading.


348

Making or possession of any instrument for counterfeiting a property mark.

485

No change.

349

Selling goods marked with counterfeit property mark.

486

No change.

350 (1)

Making a false mark upon any receptacle containing goods.

487

IPC section is included as a sub-section in BNS.

350 (2)

Punishment for making use of any such false mark.

488

IPC section is included as a sub-section in BNS sans heading.

351 (1)

Criminal intimidation.

503

IPC section is included as a sub-section in BNS. “by any means” is added.

351 (2)/

(3)

Criminal intimidation punishment.

506

IPC Section is included as a sub-section in BNS sans heading.

351 (4)

Criminal intimidation by an anonymous communication.

507

Ditto.

352

Intentional insult with intent to provoke breach of the peace.

504

Words “in any manner” are added.

353

Statements conducing to public mischief.

505

" false information” and “including through electronic means” are added.

354

Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.

508

No change.

355

Misconduct in public by a drunken person.

510

Fine is increased from ten rupees to one thousand, or with community service is added.

356 (1)

Defamation.

499

IPC Section is included as a sub section.

356 (2)

Defamation punishment.

500

IPC section is included as a sub-section in BNS sans heading. “or with community

service” is added as an alternate punishment.

356 (3)

Printing or engraving matter known to be defamatory.

501

IPC Section is included as a sub-section in BNS sans heading.

356 (4)

Sale of printed or engraved substance containing defamatory matter.

502

Ditto.

357

Breach of contract to attend on and supply wants of helpless person.

491

Fine increased from two hundred rupees to five thousand rupees.

358

Repeal and Savings.

-

This section is a new addition. The Indian Penal Code, 1860, was enacted by the British Colonisers de novo; therefore, the Repeal and Savings Section was not required at all. Vide sub-section(1) and subsequent Government of India notifications, the IPC will be repealed on 1st July 2024. However, sub-sections (2) to

(4) stipulate savings related to the repealed code.


 

 

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