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CORRESPONDENCE TABLE and COMPARISON SUMMARY OF THE BHARTATIYA
NYAYA SANHITA, 2023 (BNS) to 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.
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.
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.
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
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.
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
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. 23 7 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.
