BNS vs IPC — Bharatiya Nyaya Sanhita 2023 Compared to Indian Penal Code 1860
The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 on 1 July 2024. This comparison records what changed, what was carried forward, and how transitional cases are handled.
| Topic | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Effective Date | In force since 6 October 1860 | Came into force 1 July 2024 |
| Total Sections | 511 sections | 358 sections (consolidated; 21 new provisions) |
| Murder | Section 302 — punishment for murder | Section 103 — same punishment, language modernised |
| Culpable Homicide | Section 304 (Part I + II) | Section 105 (same two-tier structure) |
| Cheating | Section 420 — cheating + dishonest property transfer | Section 318(4) — substantially carried forward |
| Criminal Breach of Trust | Section 405–409 (graded by capacity) | Section 316 (consolidated under same gradation) |
| Forgery | Section 463–477A | Section 336–342 (renumbered, definitions sharpened) |
| Cruelty by Husband / Relatives | Section 498A | Section 84 — language identical; transitional cases use predecessor |
| Rape | Section 375–376 (post-2013 amendments) | Section 63–70 — substantively expanded; new aggravated categories |
| Terrorist Act | Not defined — UAPA / TADA framework | Section 113 — explicit definition introduced for the first time in penal code |
| Organised Crime | Not defined in IPC | Section 111 — new offence with separate sentencing framework |
| Mob Lynching | Prosecuted under §302 read with §149 | Section 103(2) — explicit category, death/life imprisonment |
| Snatching | Prosecuted as theft (§379) or robbery (§390) | Section 304 — new standalone offence |
| Hit and Run | Prosecuted under §304A (causing death by negligence) | Section 106 — graded penalty; 10 years if hit-and-run not reported |
| Sedition | Section 124A (kept in abeyance by SC in Kedar Nath, 2022) | Section 152 — reframed as "acts endangering sovereignty" |
Frequently Asked Questions
When did the BNS replace the IPC?
The Bharatiya Nyaya Sanhita 2023 came into force on 1 July 2024. The IPC 1860 was simultaneously repealed. Cases registered before 1 July 2024 continue to be tried under the IPC; cases registered on or after that date are tried under the BNS.
Is BNS Section 318(4) the same as IPC Section 420?
Substantively yes. Section 318(4) BNS carries forward IPC Section 420 (cheating coupled with dishonest property transfer) with substantially the same ingredients and penalty range. The language has been modernised and the cross-references updated.
Does Section 498A IPC still exist?
No — Section 498A IPC was repealed on 1 July 2024. Its successor is Section 84 BNS, which carries forward the language almost verbatim. Cases registered before 1 July 2024 continue to be prosecuted under Section 498A IPC; new cases are registered under Section 84 BNS.
What new offences did the BNS introduce?
The BNS introduced first-time codification of organised crime (Section 111), terrorist act in the penal code (Section 113), mob lynching as a distinct offence (Section 103(2)), snatching (Section 304), and a graded hit-and-run framework (Section 106).
How are transitional cases — registered before 1 July 2024 — affected?
Section 358 BNS preserves prosecutions begun under the IPC. Such cases are tried under the IPC provisions in force at the time of the offence. New cases registered on or after 1 July 2024 are tried under BNS provisions.
For litigation that spans the IPC-to-BNS transition or interpretation of the new provisions, contact Unified Chambers and Associates at legal@unifiedchambers.com or +91 84008 60008.