IPC vs BNS: Key Differences and Changes Explained

The IPC vs BNS comparison is important for anyone studying or working with India’s criminal law. On 30 June 2024, police stations across India were still registering offences under the Indian Penal Code, 1860 (IPC). From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC as India’s principal substantive criminal law.

The change did not simply give old offences new numbers. The BNS also introduced new offences, removed certain provisions, reorganised several chapters and changed punishments for some offences. At the same time, many familiar offences remain substantially similar to their IPC counterparts.

Understanding the IPC vs BNS differences therefore requires looking at both the provisions that changed and those that largely remained the same.

IPC vs BNS: What Changed?

India’s criminal justice system previously relied on three major laws. The IPC defined offences and punishments, the Code of Criminal Procedure, 1973 (CrPC) governed criminal procedure, and the Indian Evidence Act, 1872 governed the rules of evidence.

From 1 July 2024, these laws were replaced by three new statutes:

• The Indian Penal Code, 1860 (IPC) was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
• The Code of Criminal Procedure, 1973 (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

This article focuses on the IPC vs BNS comparison because the BNS deals with substantive criminal law. In simple terms, it defines offences and prescribes their punishments.

Why Was the IPC Replaced?

The IPC originated in the 1830s through the work of the First Law Commission under Thomas Babington Macaulay. It eventually came into force on 1 January 1862.

Parliament amended the IPC several times over the years. Major changes included provisions relating to dowry deaths, sexual offences and offences against children. However, the government eventually decided to replace the entire code.

The Ministry of Home Affairs constituted a Criminal Law Reform Committee in 2020. The government introduced the new criminal law Bills in Parliament in August 2023. After revisions, Parliament passed the Bills in December 2023, and President Droupadi Murmu gave assent on 25 December 2023. The government later notified 1 July 2024 as the commencement date for the new criminal laws.

IPC vs BNS: Section Count

One of the most visible changes concerns the number of provisions.

The IPC contained 511 sections across 23 chapters. The BNS contains 358 sections across 20 chapters.

However, fewer sections do not automatically mean that the BNS removed a large portion of criminal law. Many BNS provisions correspond closely to existing IPC provisions. Some provisions were merged, some were reformulated and others were removed or newly introduced.

As a result, the difference between IPC and BNS involves much more than comparing the number of sections.

New and Removed Offences Under BNS

The BNS introduces several offences that did not exist as general offences under the IPC. It also leaves out certain IPC provisions that had already become unconstitutional or were moved into other legal frameworks.

Organised Crime Under Section 111

Section 111 of the BNS introduces organised crime as an offence under the general criminal code.

Before the BNS, states such as Maharashtra used special legislation to deal with organised crime. The BNS now provides a nationwide framework for the offence.

The provision covers continuing unlawful activities by organised crime groups, including activities such as kidnapping, extortion, contract killing, cybercrime and trafficking when committed for material gain. The punishment can range from five years’ imprisonment to life imprisonment. Where the offence results in death, the punishment can extend to the death penalty.

Petty Organised Crime Under Section 112

Section 112 addresses petty organised crime. It targets recurring criminal activities by smaller groups, including certain forms of theft, cheating, illegal betting and ticket touting.

The provision carries imprisonment ranging from one year to seven years, along with the applicable fine.

Terrorism Under Section 113

Another major change in the IPC vs BNS comparison is the inclusion of terrorism under Section 113.

The IPC did not contain a general substantive offence specifically titled terrorism. Instead, special legislation such as the Unlawful Activities (Prevention) Act, 1967 (UAPA) dealt with terrorism-related offences.

The BNS now includes terrorism within the general criminal code while the UAPA continues to operate separately.

Mob Lynching Under Section 103(2)

The BNS also specifically addresses murder committed by a group of five or more persons on certain identity-based grounds.

Section 103(2) covers murder committed by a group of five or more persons on grounds such as race, caste, community or sex. The provision treats such conduct as an aggravated form of murder and prescribes life imprisonment as the minimum punishment.

Snatching Under Section 304

Section 304 creates a specific offence of snatching.

The provision covers situations where a person suddenly, quickly or forcibly grabs movable property from another person. Examples include phone-snatching and chain-snatching.

The offence can attract imprisonment of up to three years.

Sexual Intercourse by Deceitful Means Under Section 69

Section 69 of the BNS introduces an offence concerning sexual intercourse obtained through deceitful means.

The provision covers circumstances involving deception, including a false promise of marriage, and can attract imprisonment of up to 10 years.

The provision has also raised important legal questions. Courts will need to distinguish between a relationship involving dishonest intent from the beginning and a genuine relationship that later fails to result in marriage.

Community Service as a Punishment

The BNS also introduces community service as a category of punishment under Section 4(f).

Community service applies to certain minor offences. The source material notes examples such as defamation and non-appearance after a proclamation. It involves supervised, unpaid work for the prescribed period.

Offences Removed From the IPC Framework

The BNS does not carry forward every IPC offence.

Sedition under Section 124A IPC has been formally removed. The BNS does not contain an offence called sedition. However, Section 152 deals with acts that endanger the sovereignty, unity and integrity of India.

Similarly, adultery under Section 497 IPC does not appear in the BNS. The Supreme Court had already declared the provision unconstitutional in Joseph Shine v. Union of India in 2018.

The consensual portion of Section 377 IPC also does not appear in the BNS, following the Supreme Court’s decision in Navtej Singh Johar v. Union of India. The source also highlights concerns about the absence of a separately worded provision for certain non-consensual acts that previously fell within Section 377.

The IPC’s weights and measures provisions have also been removed from the criminal code and are now dealt with under the Legal Metrology Act, 2009.

The general offence of attempting suicide under Section 309 IPC is also absent. However, BNS Section 226 creates a narrower offence involving an attempt to commit suicide with the intention of compelling or restraining a public servant from performing their duty.

IPC to BNS Section Changes

A major part of the IPC vs BNS comparison involves section renumbering. Many familiar offences continue under the BNS but now appear under different section numbers.

Offence	IPC Section	BNS Section
Murder	302	103
Culpable homicide not amounting to murder	299/300	100/101
Death by negligence	304A	106
Rape	376	64
Cruelty by husband or relatives	498A	85
Dowry death	304B	80
Cheating	420	318
Outraging modesty	354	74, with related provisions in 74–78
Defamation	499/500	356
Criminal intimidation	506	351
Sedition	124A	No direct equivalent; compare Section 152
Insulting religious feelings	295A	299
Theft	378/379	303
Robbery	392	309

These changes can make the IPC to BNS section conversion confusing for law students, lawyers and anyone reading older judgments.

For many ordinary offences, however, the underlying criminal prohibition remains broadly similar. For example, murder continues to carry the possibility of death or life imprisonment, while cheating can still attract imprisonment of up to seven years. Cruelty by a husband or relatives also continues to carry imprisonment of up to three years.

Therefore, students should not assume that every new BNS section represents a completely new offence.

Death Penalty Under BNS

The BNS continues to recognise the death penalty for murder under Section 103 and for certain other serious offences.

The constitutional principles governing capital punishment also continue to apply. The “rarest of rare” doctrine established in Bachan Singh v. State of Punjab remains relevant to sentencing, as does the framework developed in Machhi Singh v. State of Punjab.

Similarly, established principles distinguishing murder from culpable homicide continue under BNS Sections 100 and 101. Earlier decisions such as Reg. v. Govinda and Virsa Singh v. State of Punjab therefore remain important when understanding these concepts.

Structural Changes Under BNS

The BNS also reorganises several provisions.

One notable change is the creation of a dedicated Chapter V dealing with offences against women and children. The IPC had placed related provisions across different chapters.

This reorganisation does not necessarily change the substance of every offence, but it can make related provisions easier to locate and study.

Which Law Applies After 1 July 2024?

The most important practical question in the IPC vs BNS transition is determining which law applies to an offence.

The basic constitutional principle comes from Article 20(1) of the Constitution of India. A person cannot receive a criminal punishment greater than what the law permitted when the person committed the act.

Therefore, the date of the offence matters.

If a person allegedly committed an offence before 1 July 2024, the substantive criminal law applicable at that time was generally the IPC. If the offence occurred on or after 1 July 2024, the BNS generally applies.

For example, suppose an assault occurred in June 2024 but the victim reported it to the police in 2026. The fact that the FIR was filed after the BNS came into force does not automatically convert the June 2024 offence into a BNS offence. The substantive offence is assessed under the law that was applicable when the act occurred.

What About Criminal Procedure?

The transition becomes more complicated because substantive law and procedural law are different.

The IPC/BNS determines the offence and punishment, while the CrPC/BNSS governs criminal procedure. Consequently, an older offence can continue under the IPC while procedural questions may involve the transition provisions of the BNSS.

The BNSS also contains savings provisions for proceedings that were already pending when the new laws came into force. As a result, courts will continue dealing with both IPC-era and BNS-era cases for several years.

Why the IPC vs BNS Transition Matters

The IPC vs BNS transition is not simply a matter of memorising new section numbers. Students and legal professionals must determine:

1. When was the alleged offence committed?
2. Which substantive law was in force on that date?
3. Does the BNS contain an equivalent provision?
4. Did the BNS modify the ingredients or punishment of the offence?
5. Which procedural law governs the investigation and trial?

This distinction is especially important when reading older judgments, drafting pleadings, preparing for examinations or analysing cases involving offences committed around the 1 July 2024 transition.

Key Criticisms and Unresolved Issues

The IPC vs BNS differences also include several areas that remain legally contested.

The marital rape exception continues under Section 63 of the BNS, despite earlier recommendations for its removal. The issue remains part of ongoing constitutional debate.

The BNS also retains some older illustrations and terminology that critics argue should have received greater modernisation. The source material also highlights concerns about differences in the definition of a “child” across the BNS, the POCSO Act and the Juvenile Justice Act.

Another controversial provision is Section 106(2) concerning hit-and-run cases. The provision increased penalties for drivers who leave accident scenes without reporting them. Its introduction triggered protests from sections of the transport sector, followed by a temporary deferment of enforcement and a more calibrated rollout.

Conclusion

The IPC vs BNS comparison shows that India’s criminal law has undergone a major statutory transition, but the change is not a complete break from the past.

The BNS contains 358 sections across 20 chapters, compared with the IPC’s 511 sections across 23 chapters. Many familiar offences continue with new section numbers, while the BNS also introduces offences relating to organised crime, petty organised crime, terrorism, snatching and sexual intercourse through deceitful means.

At the same time, provisions such as sedition and adultery no longer appear in their old form. The BNS also introduces community service and reorganises several areas of criminal law.

For law students, the most useful way to understand IPC vs BNS is to study both the section conversion and the substantive changes. Knowing that IPC Section 302 became BNS Section 103 is useful, but understanding how the offence, punishment and applicable legal principles operate under the new code is far more important.

Ultimately, the key question after 1 July 2024 is not simply whether the IPC or BNS is the “new” law. The crucial question is which law applied when the alleged offence was committed. That distinction will remain important as Indian courts continue handling IPC-era cases alongside offences registered under the BNS.