The Replacement of the Indian Penal Code (IPC), Criminal Procedure Code (CPC), and Indian Evidence Act (IEA) with the Bharatiya Nyaya Sanhita (BNS) marks a significant shift in India’s legal landscape. This comprehensive overhaul aims to modernize and streamline the country’s legal framework, addressing historical shortcomings and adapting to contemporary needs. The transition from the IPC, CPC, and IEA to the BNS entails a thorough examination of legal history, objectives, and structural comparisons between the old and new statutes. Additionally, the introduction of new provisions and amendments reflects a commitment to enhancing legal efficacy and ensuring justice for all citizens.(A) Before replacement from IPC, 1860 to Bharatiya Nyaya Sanhita (BNS)
Page Contents
- 1. History before independence (1947)
- 2. History after independence (1947)
- 3. IPC, 1860 replaced with Bharatiya Nyaya Sanhita (BNS) Bill 2023 on Aug 11, 2023
- 4. Replacement’s objectives
- 5. IPC to include 511 sections before replacement
- 6. More interpretations through Mental Healthcare Act, 2017 – Section 115(1)
- 7. More interpretations from Punjab High Court for death penalty – Section 302
- 8. More interpretations for death penalty – Section 305 + etc
- 9. More interpretations from govt. of India – Section 309
- 10. More interpretations from Rajasthan High Court – Section 309
- 11. More interpretations from Supreme Court of India – Section 309
- 12. More interpretations from govt. of India – Section 377
- 13. More interpretations from Delhi High Court – Section 377
- 14. More interpretations from Supreme Court of India – Section 377
- 15. More interpretations from Supreme Court of India – Section 377
- 16. More interpretations from govt. of India – Section 497
- 17. More interpretations from Supreme Court of India – Section 497
- 18. Malimath Committee’s suggestions in 2003 for Criminal justice reforms
- 19. Universally acceptability of IPC, 1860
- 20. Role in Indian movies of IPC, 1860
- 21. Amendments made during 150 years (1870 to 2019) in IPC, 1860
- (B) After replacement from IPC + CPC + IEA to BNS + BNSS + BS (3 Acts) in India
- 22. Introduction
- 23. Objects
- 24. Legal structures
- 25. Comparison between BNS Bill, 2023 and IPC 1860
- 26. Comparison between BNSS Bill, 2023 and CPC 1898
- 27. Comparison between BS Bill, 2023 and IEA 1872
- 28. Removed signs of slavery from 475 places
- 29. To include electronic records modes under document
- 30. 100% digitized process
- 31. 100% videography
- 32. National Forensic Science University (NFSU)
- 33. Visit by forensic team at crime place
- 34. Zero FIR
- 35. E-FIR
- 36. Statement of victim for sexual violence + harassment
- 37. Status report for complaints
- 38. Not to withdraw case when imprisonment for minimum 7 years
- 39. Increased scope for summary trial against petty cases
- 40. 90 days court’s time limit for filing charge sheet by police
- 41. 60 days court’s time limit for charge framing notice
- 42. 7 days court’s time limit for online verdict (decision)
- 43. 120 days court’s time limit for civil servants’ trial
- 44. Inter-state gangs or organized crimes for attachment
- 45. 20 years imprisonment for sex based on false promises
- 46. Life imprisonment for gang rape based on false promises
- 47. Death penalty for crime with girl below 18 years age
- 48. Death penalty for mob lynching
- 49. 10 years imprisonment for mobile or chain snatching (any)
- 50. Life imprisonment for snatching + permanent disability (both)
- 51. 10 years imprisonment for crimes with children
- 52. From death penalty to life imprisonment for political gains
- 53. Abolished (repealed) sedition law for enabling right to speak
- 54. Terrorism’s meaning for unity + sovereignty + integrity (all)
- 55. Trial in absentia against person declared escaped by court
- 56. Compulsory justice in maximum 3 years
- 57. Care for women + children + police can’t misuse powers (all)
- 58. 10 years imprisonment for criminals runaway from police custody
- (C) Meanings under Bhartiya Nyaya Sanhita (BNS) + Indian Penal Code (IPC) both
- 59. General – Section 2 of BNS + Section 6 to 52A of IPC (both)
- 60. Child – Section 2(3) of BNS + Section 6 to 52A of IPC (both)
- 61. Document – Section 2(8) of BNS + Section 29 of IPC (both)
- 62. Gender – Section 2(10) of BNS + Section 8 of IPC (both)
- 63. Judge – Section 2(16) of BNS Bill, 2023
- 64. Judge – Section 19 of IPC, 1860
- 65. Month + year – Section 2(20) of BNS + Section 49 of IPC (both)
- 66. Movable property – Section 2(21) of BNS + Section 22 of IPC (both)
- 67. Punishment – Section 4 of BNS
- 68. Community service punishment – Section 4 of BNS
- 69. Punishment – Section 53 of IPC
- 70. Life imprisonment under BNS + IPC (both)
- 71. Punishment for assisting against committing offence – Section 57 of BNS
- 72. Punishment for assisting against committing offence – Section 117 of IPC
- 73. Rape – Section 63 of BNS
- 74. Rape – Section 375 of IPC
- 75. Rape – Section 64(2)(i) of BNS
- 76. Rape – Section 376(2)(i) of IPC
- 77. Death penalty for gang rape – Section 70 of BNS
- 78. Death penalty for gang rape – Section 376AD to 376DB of IPC
- 79. Child procuration – Section 96 of BNS
- 80. Child procuration – Section 366A of IPC
- 81. Child + non child (both) selling for prostitution + etc. – Section 98 of BNS
- 82. Child (only) selling for prostitution + etc. – Section 372 of IPC
- 83. Child + non child (both) buying for prostitution + etc. – Section 99 of BNS
- 84. Punishment for child buying against prostitution – Section 99 of BNS
- 85. Child (only) buying for prostitution + etc. – Section 373 of IPC
- 86. Punishment for child buying against prostitution- Section 373 of IPC
- 87. Punishment for culpable homicide not amounting to murder – Section – 105 of BNS
- 88. Punishment for culpable homicide not amounting to murder – Section – 304 of IPC
- 89. Punishment for death penalty due to negligence act – Section 106 of BNS
- 90. Punishment for death penalty due to negligence act – Section 304A of IPC
- 91. Punishment for attempt to murder by life convict person – Section – 109 of BNS
- 92. Punishment for attempt to murder by life convict person- Section – 307 of IPC
- (D) Commutation of sentence under BNSS Bill, 2023 + CPC, 1898 (both)
- 93. From death penalty to life imprisonment – Section 474 of BNSS, 2023
- 94. From death penalty to other punishment – Section 433 of CPC, 1898
- 95. From life to minimum 7 years imprisonment – Section 474 of BNSS, 2023
- 96. From life to maximum 14 years imprisonment or fine – sec 433 of CPC, 1898
- 97. From minimum 7 years to minimum 3 years imprisonment – Section 474 of BNSS
- 98. From rigorous to simple imprisonment or fine – Section 433 of CPC, 1898
- 99. From rigorous to simple imprisonment – Section 474 of BNSS, 2023
- 100. From simple imprisonment to fine – Section 433 of CPC, 1898
- 101. From maximum 7 years imprisonment to fine – Section 474 of BNSS, 2023
- (E) Punishments inserted through new sections under BNS Bills 2023
- 102. For default in payment against fine or default in community service (any)
- 103. For offence committed outside India which also treated offence in India – Sec 48
- 104. For sexual intercourse based on false promises for employment or etc. – Sec 69
- 105. For child hiring or employing or engaging (any) – Section 93
- 106. For Mob lynching by group of minimum 5 persons based on race or caste – Sec 103(2)
- 107. For petty organized crimes committed by member of group or gang – Sec 112
- 108. Meaning for theft under petty organized crimes by groups or gangs – Sec 112
- 109. For terrorist activity by offender – Section 113
- 110. Meaning for terrorist activity by offender – Section 113
- 111. Meaning for public functionary – Section 113
- 112. Meaning for counterfeit Indian currency – Section 113
- 113. For offender’s escaping from scene of incident without reporting to Police
- 114. For negligence act by medical practitioner during medical procedure
- 115. For continuing unlawful activity + economic offence by organized criminal (both)
- 116. Meaning for organized crime syndicate against continuing unlawful activity
- 117. Meaning for continuing unlawful activity by organized crime syndicate
- 118. Meaning for economic offence by organized crime syndicate
- 119. For committing organized crime
- 120. For attempting or knowingly facilitating for committing organized crime
- 121. For attempting or knowingly facilitating by member of crime syndicate
- 122. For intentionally harbored or concealed person (any) who committed offence
- 123. For possessing property derived from committing organized crime
- 124. For possessing not satisfactory explained movable or immovable property (any)
- (F) Offences under BNS Bill, 2023 + IPC, 1860 (both) in India
- 20. Preliminary like short title + definition + etc – Sec 1 to 3 (Chapter – I)
- 21. Punishments against offences – Sec 4 to 13 (Chapter – II)
- 22. General expectations against offences – Sec 14 to 33 (Chapter – III)
- 23. For right against private defense – Sec 34 to 44 (Chapter – III)
- 24. For abetment + conspiracy + abetment’s attempt (all) – Sec 45 to 60 (Chap. – IV)
- 25. For criminal conspiracy – Sec 61 (Chapter – IV)
- For criminal conspiracy
- 27. For sexual crime with women + children + transgender (all) – Sec 63 to 72 (Chap–V)
- 28. For criminal force + assault against women (both) – Sec 73 to 78 (Chapter – V)
- 29. For marriage – Sec 79 to 85 (Chapter – V)
- 30. For causing miscarriage without women’s consent – Sec 86 to 90 (Chap. – V)
- 31. For children – Sec 91 to 97 (Chapter – V)
- For child’s procuration
- 33. For causing or grievous hurt (any) by dangerous weapon–Sec 112 to 125 (Chap–V)
- 34. For criminal force + assault (both) – Sec 126 to 134 (Chapter – VI)
- 35. For kidnap + abduction + slavery + forced labor (all) – Sec 135 to 144 (Chap.–VI)
- 36. For govt. – Sec 145 to 156 (Chapter VII)
- 37. For Army + Navy + Air Force (all) – Sec 157 to 166 (Chapter VIII)
- 38. For elections – Sec 167 to 175 (Chapter IX)
- 39. For coins + currency notes + bank notes + stamps (all)-Sec 176 to 186 (Chap. X)
- 40. For public harmony – Sec 187 to 195 (Chapter XI)
- 41. For public servant – Sec 196 to 203 (Chapter XII)
- 42. For lawful authority by public + public servants (both) – Sec 204 to 224 (Chap XIII)
- 43. For false evidence + public justice (both) – Sec 225 to 267 (Chapter XIV)
- 44. For health + safety + convenience + decency (all) – Sec 268 to 295 (Chap XV)
- 45. For religion – Sec 296 to 300 (Chapter XVI)
- 46. For property – Sec 301 to 305 (Chapter XVII)
- 48. For robbery + docoity (both) – Sec 307 to 311 (Chapter XVII)
- 49. For criminal property’s misappropriation – Sec 312 to 313 (Chap. XVII)
- 50. For criminal trust’s breach – Sec 314 (Chapter XVII)
- 51. For receiving stolen property – Sec 315 (Chapter XVII)
- 52. For cheating – Sec 316 + 317 (Chapter XVII)
- 54. For mischief – Sec 322 to 326 (Chapter XVII)
- 55. For Criminal trespass – Sec 327 to 332 (Chapter XVII)
- 56. For documents + property marks (both) – Sec 333 to 342 (Chapter XVIII)
- 57. For property marks – Sec 343 to 348 (Chapter XVIII)
- 58. For criminal intimidation + insult + annoyance (all) – Sec 349 to 353 (Chap. XIX)
- 59. For defamation – Sec 354 (Chapter XIX)
- 60. For contract’s breach + supply to helpless persons (both) – Sec 355 + 356 (Chap. XIX)
- 166. IPC’s certain words + provisions (both) deleted in BNS Bill, 2023
- (G) Punishment’s summary through new sections inserted under BNS Bills, 2023
- 167. For community service against petty offences – Section 4
- 168. For rape – Section 64
- 169. For sexual intercourse by dishonest means or false promise to marry (any) – Sec. 69
- 170. For Crimes against women + children + transgender (all) – Section 69
- 171. For Gang rape – Section 70
- 172. For Mob lynching – Section 101(2)
- 173. For terrorism + terrorist activity (both) – Section 111
- 174. For illicit intercourse with boy or girl below 18 or 21 years age – Section 139
- 175. For sedition removed except danger for sovereignty + etc. of India – Sec. 150
- 176. Meaning for sedition removed except danger for sovereignty + etc.– Sec. 150
- 177. For violating legal obligations by public servant – Section 200
- 178. For snatching – Section 302
- 179. For defamation – Section 354
- 180. Meaning for not yet prescribed for community service
- 181. Meaning for not covering man + transgender for rape + sexual intercourse (all)
1. History before independence (1947)
(i) Indian Penal Code(IPC) 1860 was applied against official criminal code as inherited from British Rules after independence in 1947
(ii) Now IPC, 1860 is replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023.
(iii) IPC, 1860 was comprehensive code to cover 100% substantive areas of India’s criminal laws.
(iv) IPC, 1860 was drafted after recommendations received from 1st Law Commission of India as established in 1834 under British’s Charter Act of 1833 through chairmanship of Lord Thomas Babington Macaulay + also submitted to Governor-General of India Council in 1835 (both).
(v) (a) IPC was drafted based on simplified codification of England’s law
(b) Also elements were derived from Napoleonic Code + Edward Livingston’s Louisiana Civil Code of 1825 (both).
(vi) (a) 1st final draft of IPC was submitted to Governor-General of India in Council in 1837
But
(b) 1st final draft of IPC was again revised.
(vii) (a) IPC’s drafting was completed in 1850 + also code was presented to Legislative Council in 1856 (both).
But
(b) IPC couldn’t place on statute book for British India due to Indian Rebellion in 1857.
(viii) (a) IPC’s draft was carefully revised by Barnes Peacock who later became 1st chief justice of Calcutta High Court
(b) Also IPC was passed on October 6, 1860
(ix) IPC, 1860 was came into force from January 01, 1862.
(a) IPC, 1860 was not to apply automatically in British Rules on India.
But
(b) IPC, 1860 was to be applied through courts + also legal systems (both) till 1947
(xi) IPC, 1860 was amended several times before 1947.
2. History after independence (1947)
(i) Indian Penal Code (IPC) was inherited from British Penal Code (BPC) after 1947 in India like Pakistan Penal Code (PPC) + also Bangladesh Penal Code (BPC) (both)
(ii) Also BPC was adopted by other British colonial authorities like Burma + British Ceylon (Sri Lanka), + Straits Settlements (Malaysia) + Singapore + Brunei + also etc. (all)
(iii) (a) IPC, 1860 was came into force in Jammu and Kashmir (J&K) on October 31, 2019 under J&K Reorganization Act, 2019
(b) Also IPC, 1860 was replaced from J&K’s Ranbir Penal Code (RPC).
3. IPC, 1860 replaced with Bharatiya Nyaya Sanhita (BNS) Bill 2023 on Aug 11, 2023
- Government of India (Govt.) has introduced Bill in Lok Sabha on August 11, 2023 for replacing IPC with BNS.
4. Replacement’s objectives
(i) IPC, 1860 was to provide “general” penal codefor India
(ii) IPC replacement’s objective was to include 100% offences which were not existed in IPC, 1860.
5. IPC to include 511 sections before replacement
- IPC, 1860 was subdivided into 23 chapters comprising 511 sections under different topics like introduction + explanations + also exceptions (all) used to cover wide range of offences:
|
S. No |
Chapter | Sections | Classification of offences |
| (i) | I | From 1 to 5 | Offence’s Introduction |
| (ii) | II | From 6 to 52 | Offence’s General Explanations |
| (iii) | III | From 53 to 75 | Offence’s Punishments |
| (iv) | IV | From 76 to 106 | Offence’s General Exceptions |
| (v) | V | From 107 to 120 | Offence’s Abetment |
| (vi) | VA | From 120A to 120B | Offence’s Criminal Conspiracy |
| (vii) | VI | From 121 to 130 | Offences against State |
| (viii) | VII | From 131 to 140 | Offences for Army + Navy + also Air Force (all) |
| (ix) | VIII | From 141 to 160 | Offences against Public Tranquility |
| (x) | IX | From 161 to 171 | Offences by Public Servants |
| (xi) | IX-A | From 171A to 171I | Offences for Elections |
| (xii) | X | From 172 to 190 | Offences against Lawful Authority of Public Servants |
| (xiii) | XI | From 191 to 229 | Offences against public Justice |
| (xiv) | XII | From 230 to 263 | Offences against coin + also govt.’s stamps (both) |
| (xv) | XIII | From 264 to 267 | Offences against weight + also measures (both) |
| (xvi) | XIV | From 268 to 294 | Offences against public health + Safety + Convenience + Decency + also Morals (all). |
| (xvii) | XV | From 295 to 298 | Offences against religion |
| (xviii) | XVI | From 299 to 311 | Offences against human body like Life + Murder + also culpable homicide (all) |
| (xix) | From 312 to 318 | Offences for causing of miscarriage + injuries to unborn children + exposure of infants + concealment of births (all) | |
| (xx) | From 319 to 338 | Offences for hurt + also grievous hurt (both) | |
| (xxi) | From 339 to 348 | Offences for wrongful restraint + also confinement (both) | |
| (xxii) | From 349 to 358 | Offences for criminal force + also assault (both) | |
| (xxiii) | From 359 to 374 | Offences for kidnapping + abduction + slavery + forced labor (all) | |
| (xxiv) | From 375 to 377 | Offences for sexual + rape + also Sodomy (all) | |
| (xxv) | XVII | From 378 to 382 | Offences against property like theft |
| (xxvi) | From 383 to 389 | Offences for extortion | |
| (xxvii) | From 390 to 402 | Offences for robbery + also dacoity (both) | |
| (xxviii) | From 403 to 404 | Offences for criminal misappropriation of property | |
| (xxix) | From 405 to 409 | Offences for criminal breach of trust | |
| (xxx) | From 410 to 414 | Offences for receiving of stolen property | |
| (xxxi) | From 415 to 420 | Offences for cheating | |
| (xxxii) | From 421 to 424 | Offences for fraudulent deeds + disposition of property (both) | |
| (xxxiii) | From 425 to 440 | Offences for mischief | |
| (xxxiv) | From 441 to 462 | Offences for criminal trespass | |
| (xxxv) | XVIII | From 463 to 477A | Offences against documents + also property mark (both) |
| (xxxvi) | From 478 to 489 | Offences against property + also other marks (both) | |
| (xxxvii) | From 489A to 489E | Offences against currency notes + also bank notes (both) | |
| (xxxviii) | XIX | From 490 to 492 | Offences for criminal breach of contracts of service |
| (xxxix) | XX | From 493 to 498 | Offences against marriage |
| (xl) | XX-A | From 498A | Offences for cruelty by husband or relatives of husband (any) |
| (xli) | XXI | From 499 to 502 | Offences for defamation |
| (xlii) | XXII | From 503 to 510 | Offences for criminal intimidation + insult + annoyance (all) |
| (xliii) | XXIII | From 511 | Offences for attempts to commit offences |
| 43 | 23 | 511 | Total |
6. More interpretations through Mental Healthcare Act, 2017 – Section 115(1)
(i) New MHA is introduced in 2017.
(ii) MHA, 2017 has effectively decriminalized suicide attempts by providing interpretation under section 115(1) that suicide attempt is not considered offence under section 309 of IPC, 1860 except proved otherwise.
7. More interpretations from Punjab High Court for death penalty – Section 302
- Supreme Court of India has pronounced in case of Mittu Singh vs. State of Punjab that certain offences are not to be considered for death penalty like:
(i) Offence for criminal conspiracy under section 120B of IPC, 1860.
(ii) Offence for war against govt. under section 121 of IPC, 1860.
(iii) Offence for mutiny under section 132 of IPC, 1860.
(iv) Offence for false evidence to procure conviction under section 194 of IPC, 1860.
(v) Offence for murder under section 302 + also 303 (both) of IPC, 1860.
8. More interpretations for death penalty – Section 305 + etc
- Certain offences are not to be considered for death penalty like:
(i) Offence for abetting suicide under section 305 of IPC, 1860.
(ii) Offence for kidnapping for ransom under section 364A of IPC, 1860.
(iii) Offence for dacoity with murder under section 396 of IPC, 1860.
(iv) Offence for rape of woman above 12 years under section 376A of IPC, 1860.
(v) Offence for rape of woman under 12 years under section 376AB of IPC, 1860.
(vi) Offence for gang rape of woman under 12 years section 376DB of IPC, 1860.
(vii) Offence for repeated offender under section 376E of IPC, 1860.
9. More interpretations from govt. of India – Section 309
(i) Suicide attempts are considered offence under section 309 of IPC, 1860 where punishable with imprisonment for maximum 1 year
(ii) Govt. has decided in Dec, 2014 to decriminalize suicide attempts by dropping section 309 of IPC, 1860 from statute book.
(iii) Govt. has asked Legislative Department of Ministry of Law and Justice in Feb, 2015to prepare draft Amendment Bill.
10. More interpretations from Rajasthan High Court – Section 309
- Rajasthan High Court has pronounced judgment that Jain religion’s practice where voluntary death penalty by fasting at end of person’s life which is commonly known as Santhara is punishable under sections 306 + also 309 (both) of IPC, 1860.
11. More interpretations from Supreme Court of India – Section 309
(i) Supreme Court of India has admitted petition as filed by Akhil Bharat Varshiya Digambar Jain Parishad
(ii) Supreme Court of India has granted leave
(iii) Supreme Court of India has stayed decision of Rajasthan’s High Court
(iv) Supreme Court of India has lifted ban on practice which was banned by Rajasthan’s High Court.
12. More interpretations from govt. of India – Section 377
- More offences are to be included under IPC, 1860 over and above 511 sections like:
(i) To include offence being voluntary carnal (oral) intercourse against nature with man or woman or animal (any) to be punished with life imprisonment
Or
(ii) Maximum imprisonment for 10 years + also fine (both)
- Penetration is sufficient to constitute carnal intercourse which is necessary to describe under IPC, 1860.
13. More interpretations from Delhi High Court – Section 377
- Delhi’s High Court gave liberal interpretation that section 377 of IPC, 1860 can’t be used to punish for consensual sexual intercourse between 2 same-sex individuals.
14. More interpretations from Supreme Court of India – Section 377
(i) Supreme Court of India has overruled judgment which was given by Delhi High court on July 02, 2009 under section 377
(ii) Also clarified that same-sex relations are unnatural therefore treated unconstitutionality.
(iii) Supreme Court further suggested that competent legislature is permitted to consider desirability + also propriety for deleting section 377 from statute book or amend it in accordance with suggestion made by Attorney-General E. Vahanvati.
15. More interpretations from Supreme Court of India – Section 377
(i) Supreme court has agreed to reconsider its own decision on Jan 08, 2018 which was pronounced on Dec 11, 2013
(ii) Also agreed to decriminalize parts of section 377 which is criminalizing same-sex relations.
- Judgment of Suresh Kumar Koushal v. Naz Foundation was overruled.
16. More interpretations from govt. of India – Section 497
(i) Adultery is considered offence + also liable for punishment (both) under section 497 of IPC, 1860.
(ii) Women were given 100% protection against adultery under section 497 of IPC, 1860.
17. More interpretations from Supreme Court of India – Section 497
(i) Supreme Court of India pronounced unanimously through struck down in case of Joseph Shine Union of India that adultery is considered unconstitutional + also demeaning to dignity of women (both).
+ (plus)
(ii) Also Supreme Court of India has further affirmed that adultery is to be continued ground for seeking divorce in Civil Court.
18. Malimath Committee’s suggestions in 2003 for Criminal justice reforms
(i) Malimath Committee has submitted its report in 2003 with several recommendations for criminal justice reforms
(ii) Also for separation of investigation + prosecution (both) similar to CPS in UK for streamlining criminal justice system.
(iii) Malimath Committee’s report recommended need for shift from adversarial to inquisitorial criminal justice system based on Continental European
19. Universally acceptability of IPC, 1860
(i) India’s IPC, 1860 is universally acceptable + also substantially survived in India (both) for 154 (1860 to 2023) years without major amendments.
(ii) Supreme Court of United Kingdom (UK) has appreciated efficacy + also relevance (both) of IPC, 1860.
(iii) World’s modern crimes involving latest technologies are also accommodated under IPC, 1860 due to its broadness of coverage.
20. Role in Indian movies of IPC, 1860
(i) Hindi film chaar-sau-bees was made based on section 420 of IPC, 1860 against cheatings.
(ii) Hindi + Urdu film tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut was made based on section 302 of IPC, 1860 against death penalty.
(iii) Hindi film dafa 302 was made based on section 302 of IPC, 1860 against death penalty.
(iv) Hindi film Shree 420was made based on section 420 of IPC, 1860 against cheatings.
(v) Hindi film Chachi 420 was made based on section 420 of IPC, 1860 against cheatings.
21. Amendments made during 150 years (1870 to 2019) in IPC, 1860
| S.No. | Particulars for amendments made under IPC, 1860 | No. of amendments | Year |
| Repealing Act, 1870 | 14 | 1870 | |
| Indian Penal Code Amendment Act, 1870 | 27 | 1870 | |
| Indian Penal Code Amendment Act, 1872 | 19 | 1872 | |
| Indian Oaths Act, 1873 | 10 | 1873 | |
| Indian Penal Code Amendment Act, 1882 | 8 | 1882 | |
| Code of Criminal Procedure, 1882 | 10 | 1882 | |
| Indian Criminal Law Amendment Act, 1886 | 10 | 1886 | |
| Indian Marine Act, 1887 | 14 | 1887 | |
| Metal Tokens Act, 1889 | 1 | 1889 | |
| Indian Merchandise Marks Act, 1889 | 4 | 1889 | |
| Cantonments Act, 1889 | 13 | 1889 | |
| Indian Railways Act, 1890 | 9 | 1890 | |
| Indian Criminal Law Amendment Act, 1891 | 10 | 1891 | |
| Amending Act, 1891 | 12 | 1891 | |
| Indian Criminal Law Amendment Act, 1894 | 3 | 1894 | |
| Indian Criminal Law Amendment Act, 1895 | 3 | 1895 | |
| Indian Penal Code Amendment Act, 1896 | 6 | 1896 | |
| Indian Penal Code Amendment Act, 1898 | 4 | 1898 | |
| Currency-Notes Forgery Act, 1899 | 12 | 1899 | |
| Indian Penal Code Amendment Act, 1910 | 3 | 1910 | |
| Indian Criminal Law Amendment Act, 1913 | 8 | 1913 | |
| Indian Elections Offences and Inquiries Act, 1920 | 39 | 1920 | |
| Indian Penal Code (Amendment) Act, 1921 | 16 | 1921 | |
| Indian Penal Code (Amendment) Act, 1923 | 20 | 1923 | |
| Indian Penal Code (Amendment) Act, 1924 | 5 | 1924 | |
| Indian Criminal Law Amendment Act, 1924 | 18 | 1924 | |
| Workmen’s Breach of Contract (Repealing) Act, 1925 | 3 | 1925 | |
| Obscene Publications Act, 1925 | 8 | 1925 | |
| Indian Penal Code (Amendment) Act, 1925 | 29 | 1925 | |
| Repealing and Amending Act, 1927 | 10 | 1927 | |
| Criminal Law Amendment Act, 1927 | 25 | 1927 | |
| Repealing and Amending Act, 1930 | 8 | 1930 | |
| Indian Air Force Act, 1932 | 14 | 1932 | |
| Amending Act, 1934 | 35 | 1934 | |
| Government of India (Adaptation of Indian Laws) Order, 1937 | — | 1937 | |
| Criminal Law Amendment Act, 1939 | 22 | 1939 | |
| Offences on Ships and Aircraft Act, 1940 | 4 | 1940 | |
| Indian Merchandise Marks (Amendment) Act, 1941 | 2 | 1941 | |
| Indian Penal Code (Amendment) Act, 1942 | 8 | 1942 | |
| Indian Penal Code (Amendment) Act, 1943 | 6 | 1943 | |
| Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948 | — | 1948 | |
| Criminal Law (Removal of Racial Discriminations) Act, 1949 | 17 | 1949 | |
| Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949 | 42 | 1949 | |
| Adaptation of Laws Order, 1950 | — | 1950 | |
| Repealing and Amending Act, 1950 | 35 | 1950 | |
| Part B States (Laws) Act, 1951 | 3 | 1951 | |
| Criminal Law Amendment Act, 1952 | 46 | 1952 | |
| Repealing and Amending Act, 1952 | 48 | 1952 | |
| Repealing and Amending Act, 1953 | 42 | 1953 | |
| Code of Criminal Procedure (Amendment) Act, 1955 | 26 | 1955 | |
| Adaptation of Laws (No.2) Order, 1956 | — | 1956 | |
| Repealing and Amending Act, 1957 | 36 | 1957 | |
| Criminal Law Amendment Act, 1958 | 2 | 1958 | |
| Trade and Merchandise Marks Act, 1958 | 43 | 1958 | |
| Indian Penal Code (Amendment) Act, 1959 | 52 | 1959 | |
| Indian Penal Code (Amendment) Act, 1961 | 41 | 1961 | |
| Anti-Corruption Laws (Amendment) Act, 1964 | 40 | 1964 | |
| Criminal and Election Laws Amendment Act, 1969 | 35 | 1969 | |
| Indian Penal Code (Amendment) Act, 1969 | 36 | 1969 | |
| Criminal Law (Amendment) Act, 1972 | 31 | 1972 | |
| Employees’ Provident Funds and Family Pension Fund (Amendment) Act, 1973 | 40 | 1973 | |
| Employees’ State Insurance (Amendment) Act, 1975 | 38 | 1975 | |
| Election Laws (Amendment) Act, 1975 | 40 | 1975 | |
| Criminal Law (Amendment) Act, 1983 | 43 | 1983 | |
| Criminal Law (Second Amendment) Act, 1983 | 46 | 1983 | |
| Dowry Prohibition (Amendment) Act, 1986 | 43 | 1986 | |
| Employees’ Provident Funds & Miscellaneous Provisions (Amendment) Act, 1988 | 33 | 1988 | |
| Prevention of Corruption Act, 1988 | 49 | 1988 | |
| Criminal Law (Amendment) Act, 1993 | 42 | 1993 | |
| Indian Penal Code (Amendment) Act, 1995 | 24 | 1995 | |
| Information Technology Act, 2000 | 21 | 2000 | |
| Election Laws (Amendment) Act, 2003 | 24 | 2003 | |
| Code of Criminal Procedure (Amendment) Act, 2005 | 25 | 2005 | |
| Criminal Law (Amendment) Act, 2005 | 2 | 2006 | |
| Information Technology (Amendment) Act, 2008 | 10 | 2009 | |
| Criminal Law (Amendment) Act, 2013 | 13 | 2013 | |
| Criminal Law (Amendment) Act, 2018 | 22 | 2018 | |
| Jammu and Kashmir Reorganization Act, 2019 | 34 | 2019 | |
| Total | 1596 | 150 | |
(B) After replacement from IPC + CPC + IEA to BNS + BNSS + BS (3 Acts) in India
(Compilation’s Source is based on press release by PIB Delhi dated Aug 11, 2023 at 7:32 PM)
22. Introduction
- Union Home Minister + also Minister of Cooperation (both) Amit Shah has introduced 3 bills in Lok Sabha on August 11, 2023 like:
(i) Bhartiya Nyaya Sanhita (BNS) Bill 2023 to be replaced from Indian Penal Code (IPC) 1860
(ii) Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023 to be replaced from Criminal Procedure Code (CPC) 1898
(iii) Bharatiya Sakshya (BS) Bill, 2023 to be replaced from Indian Evidence Act (IEA) 1872
23. Objects
(i) (a) IPC + CPC + IEA were made to strengthen + also to protect (both) for British rule therefore their purpose was to punish Indian citizens
But
(b) Not to give justice to Indian citizens
(ii) (a) BNS + BNSS + BS are made to protect 100% rights already given to Indian citizens by India’s constitution therefore purpose is not to punish Indian citizens
But
(b) To give justice to Indian citizens
- These 3 Acts are made with thought process that will bring huge change in India’s criminal justice system
24. Legal structures
(i) BNS + BNSS + BS’s legal structures were started with receiving suggestions from several stakeholders like:
(a) From 18 Indian States
(b) From 6 Indian Union Territories
(c) From Supreme Court of India
(d) From 16 Indian High Courts
From 5 Indian Judicial Academies
(f) From 22 Indian Law Universities
(g) From 142 Indian Members of Parliament (MPs)
(h) From 270 Indian Members of Legislative Assemblies (MLAs)
(i) From Indian public
(ii) BNS + BNSS + BS’s legal structures were started with having 4 years intense discussion + also attending 158 consultation meetings (both) by Home Minister Amit Shah
25. Comparison between BNS Bill, 2023 and IPC 1860
(i) BNS 2023
(a) Now BNS Bill, 2023 is having 356 sections out of which 175 old sections of IPC, 1860 have been modified (changed) + divided in 19 chapters (both)
(b) 8 new sections introduced (added) which were not existed in IPC, 1860
(c) 22 old sections of IPC 1860 have been deleted (revoked)
(ii) IPC 1860
- IPC 1860 was having 511 sections divided into 23 chapters
26. Comparison between BNSS Bill, 2023 and CPC 1898
(i) BNSS 2023
(a) BNSS 2023 is having 533 sections out of which 160 old sections of CPC, 1898 have been modified (changed) + divided in 39 chapters (both)
(b) 9 new sections which were not in CPC, 1898 have been introduced (added)
(c) 9 old sections of CPC 1898 have been deleted (revoked)
(ii) CPC 1898
- CPC 1898 was having 158 sections divided in 11 chapters
27. Comparison between BS Bill, 2023 and IEA 1872
(i) BS 2023
(a) BS 2023 is having 170 sections out of which 23 old sections of IEA, 1872 have been modified (changed) + divided in 11 chapters (both)
(b) 1 new sections have been introduced which were not in IEA, 1872
(c) 5 old sections of IEA, 1872 have been deleted (revoked)
(ii) IEA, 1872
- IEA 1872 was having 167 sections divided under X chapters
28. Removed signs of slavery from 475 places
- BNS + BNSS + BS (3 Acts) had signs of slavery which were passed by British Parliament therefore 3 new acts removed signs of slavery from 475 places.
29. To include electronic records modes under document
(i) Electronic records
(ii) Digital records
(iii) Emails records
(iv) Server logs records
(v) Computers records
(vi) Smart phones records
(vii) Laptops records
(viii) SMS records
(ix) Websites records
(x) Location evidence records
(xi) Mails records
(xii) Message on devices records
30. 100% digitized process
(i) Provisions have been made under 3 new acts to digitize 100% process starting from FIR to case diary
(ii) Provisions have been made under 3 new acts to digitize 100% process starting from case diary to charge sheet
(iii) Provisions have been made under 3 new acts to digitize 100% process starting from charge sheet to judgment
31. 100% videography
- 100% videography has been made compulsory at time of search and seizure to become part of case to avoid not implication of innocent citizens without videography by police thereafter charge sheet will not be valid.
32. National Forensic Science University (NFSU)
(i) Govt. has taken historical decision for establishing as NFSU to promote forensic science to increase conviction ratio
(ii) 33,000 forensic science experts + also scientists (both) will be working after 3 years like after year 2026 in country to take conviction ratio above 90%
33. Visit by forensic team at crime place
(i) Visit of forensic team is being made compulsory at crime place where punishment is applicable for minimum 7 years
(ii) Police is also required to have scientific evidence thereafter chances of acquittal of culprits in court will be lowest
34. Zero FIR
- Govt. will be empowered to start Zero FIR for convenience of citizens to lodge complaints even from outside their police station jurisdiction (area)
35. E-FIR
- Govt. will be empowered to start e-FIR for convenience of citizens to designate police officers at 100% district + police station level to officially inform family of arrested person about his arrest as online + also in person (all)
36. Statement of victim for sexual violence + harassment
(i) Govt. will be empowered to start 100% statement of victim for sexual violence
(ii) Also permitted to start 100% video recording for sexual harassment’s statement
37. Status report for complaints
(i) Govt. will be empowered to start 100% through police to provide status report for complaints within maximum 90 days
(ii) Also to start status report for complaints within maximum 15 days after expiry of abovementioned 90 days.
38. Not to withdraw case when imprisonment for minimum 7 years
- Govt. will not be empowered to withdraw case when imprisonment is applicable for minimum 7 years without listening to victim to protect rights of Indian citizens
39. Increased scope for summary trial against petty cases
(i) Govt. will be empowered to increase scope of summary trial for petty cases when crime is punishable maximum for 3 years
(ii) Increase scope of summary trial for petty cases to delete 40% cases in India’s sessions courts
40. 90 days court’s time limit for filing charge sheet by police
(i) Govt. will be empowered to fix court’s time limits maximum for 90 days against filing of charge sheet by police
(ii) Courts will further permit to provide extension maximum for 90 days against filing of charge sheet by police depending on situation when investigation yet to be completed.
(iii) Courts will be permitted for total time limit for 180 (90+90) days for filing of charge sheet by police.
41. 60 days court’s time limit for charge framing notice
(i) Courts will required to give notice for framing of charges to accused person within maximum 60 days
Or
(ii) Within 30 days after argument’s completion whichever is earlier.
42. 7 days court’s time limit for online verdict (decision)
- Courts will required to give verdict (decision) through online (only) within 7 days instead of keeping pending for several years under IPC, 1860.
43. 120 days court’s time limit for civil servants’ trial
(i) Govt. will required to provide permission within maximum 120 days for trial against civil servant or police officer (any).
(ii) Also treated deemed permission when courts failed to provide permission within maximum 120 days thereafter trial will be started
44. Inter-state gangs or organized crimes for attachment
- Govt. will be empowered for attaching property of inter-state gangs + also organized crimes (both) under existing provisions as applicable against declared offenders
45. 20 years imprisonment for sex based on false promises
(i) Govt. will be empowered to declare crime against sex based on false promise to marry or employment or promotion or false identity (any)
(ii) Also Govt. will be empowered to introduce imprisonment’s provisions for maximum 20 years against sex based on false promise to marry or employment or promotion or false identity (any)
46. Life imprisonment for gang rape based on false promises
(i) will be empowered to declare crime against gang rape based on false promise to marry or employment or promotion or false identity (any)
(ii) Also Govt. will be empowered to introduce life imprisonment’s provision against gang rape based on false promise to marry or employment or promotion or false identity (any)
47. Death penalty for crime with girl below 18 years age
- Govt. will be empowered to provide provisions for death penalty against crimes with girl having age below 18 years
48. Death penalty for mob lynching
- Govt. will be empowered to provide provisions for death penalty against mob lynching
49. 10 years imprisonment for mobile or chain snatching (any)
- Govt. will be empowered to declare maximum for 10 years imprisonment against snatching of mobile phone or chain from women (any)
50. Life imprisonment for snatching + permanent disability (both)
(i) Govt. will be empowered to declare life imprisonment for snatching of mobile phone or chain from women
(ii) Also Permanent disability or brain dead (any)
51. 10 years imprisonment for crimes with children
(i) Govt. will be empowered to declare imprisonment for maximum 10 years against crime with children
(ii) (a) Abovementioned imprisonment is increased from 7 to 10 years under BNS Bill, 2023 in comparison to IPC, 1860
(b) Also increased amount of fine for many crimes with children.
52. From death penalty to life imprisonment for political gains
(i) Govt, will be empowered for not allowing pardon against political gains thereafter death penalty may be changed to life imprisonment.
Or
(ii) From life imprisonment to minimum for 7 years
Or
(iii) From 7 years to minimum for 3 years
- Hence culprit will be required imprisonment for minimum 3 years
53. Abolished (repealed) sedition law for enabling right to speak
- Govt. will be empowered to abolish sedition law for providing right to speak to every Indian citizens being India is democratic country
54. Terrorism’s meaning for unity + sovereignty + integrity (all)
- Govt. will be empowered to define definition of terrorism like:
(i) India’s armed insurgency
(ii) India’s subversive activities
(iii) India’s separatism activities
(iv) India’s challenging unity + sovereignty + also integrity (all)
55. Trial in absentia against person declared escaped by court
(i) Govt. will be empowered to allow trial in absentia when person is declared escaped by Sessions Court judge
(ii) Also to allow trial + to sent in sentence in his absence (both)
(iii) Declared escaped person is permitted to appeal under applicable Indian laws
56. Compulsory justice in maximum 3 years
- Govt. will be empowered to insert provisions in India’s criminal justice systems to get justice within maximum 3 years therefore 313 changes have been made in India’s law
57. Care for women + children + police can’t misuse powers (all)
(i) Govt. will be empowered to insert provisions for special care against women + also children (both)
(ii) Also to ensure that criminals be punished + police can’t misuse their powers (both)
58. 10 years imprisonment for criminals runaway from police custody
- Govt. will be empowered to insert provisions for maximum 10 years imprisonment against criminals who runaway from police custody
(C) Meanings under Bhartiya Nyaya Sanhita (BNS) + Indian Penal Code (IPC) both
59. General – Section 2 of BNS + Section 6 to 52A of IPC (both)
(i) (a) Most of definitions under sections from 6 to 52A of IPC, 1860 are retained under BNS Bill, 2023 without any change
(b) Also compactly grouped under section 2 of BNS Bill, 2023 in alphabetical sequence for reading + references (both).
(ii) IPC, 1860’s definition for word section under section 50 is omitted under BNS, 2023
(iii) IPC, 1860 don’t have specific definitions clauses.
(iv) 100% definitions (meanings) were spread over from section 6 to 52A of IPC, 1860
60. Child – Section 2(3) of BNS + Section 6 to 52A of IPC (both)
(i) Child to include any person below 18 years age under section 2(3) of BNS Bill, 2023.
(ii) Don’t have specific definition clause under IPC, 1860.
61. Document – Section 2(8) of BNS + Section 29 of IPC (both)
(i) Document to include paper + electronic + digital records + also etc. (all) under section 2(8) of BNS Bill, 2023
(ii) Document to include paper records (only) under section 29 of IPC, 1860
62. Gender – Section 2(10) of BNS + Section 8 of IPC (both)
(i) Gender to include male + female + transgender (all) under section 2(10) of BNS, 2023
(ii) Gender to include male + female (both) under section 8 of IPC, 1860
63. Judge – Section 2(16) of BNS Bill, 2023
(i) Definition of judge is more precise + also follows similar old pattern under section 2(16) of BNS Bill, 2023 (both) therefore align with old definition
But
(ii) Presented information’s in systematical manner.
64. Judge – Section 19 of IPC, 1860
- Definition of judge is quite detailed under section 19 of IPC, 1860 like:
(i) (a) Judge to include individual who officially designated as Judge
(b) Also judge to include individual who have authority to render definitive judgments during legal proceedings like civil or criminal (any).
(ii) Judge to include individual who can make judgments when not to appeal.
(iii) Judge to include member of Body of Persons (BoPs) who is authorized by law to render judgments.
(iv) Judge also to include certain authorities like:
(a) District collectors
(b) District magistrates
(c) Panchayat’s members
65. Month + year – Section 2(20) of BNS + Section 49 of IPC (both)
(i) Definition for month + year (both) as reckoned in Gregorian calendar under section 2(20) of BNS Bill, 2023
(ii) Definition for month + year (both) as reckoned in British calendar under section 49 of IPC, 1860
66. Movable property – Section 2(21) of BNS + Section 22 of IPC (both)
(i) Definition of movable property to include 100% properties like corporeal + non corporeal therefore to include patents + copyrights + also etc. (all) under section 2(21) of BNS Bill, 2023.
(ii) Definition of movable property to include intended corporeal (tangible physical) only under section 22 of IPC, 1860
67. Punishment – Section 4 of BNS
- Definition of punishment to include 6 types like:
(i) For death penalty
(ii) For life imprisonment
(iii) For rigorous or simple imprisonment (any)
(iv) For property’s forfeiture
(v) For fine
(vi) For community service
68. Community service punishment – Section 4 of BNS
(i) Community service punishment is started 1st time under section 4 of BNS Bill, 2023 to reduce jail’s burden
(ii) Community service punishment is prescribed for petty offences like:
(a) For non-appearing against proclamation
(b) For attempt to commit suicide
(c) For compel or restraint exercise of public servant’s lawful power (any)
(d) For petty theft after returning back
(e) For misconduct in public by drunken person
(f) For defamation
(g) For etc.
(iii) Community service punishment is not defined under BNS Bill, 2023.
But
(iv) Defined through explanation to section 23 of BNSS Bill, 2023 to include to do work against punishment for benefit of community without remuneration to be ordered by court under verdict (decision)
69. Punishment – Section 53 of IPC
- Definitions of punishment to include 5 types like:
(i) For death penalty
(ii) For life imprisonment
(iii) For rigorous or simple imprisonment (any)
(iv) For property’s forfeiture
(v) For fine
70. Life imprisonment under BNS + IPC (both)
- Definition of life imprisonment to include remainder of person’s natural life (whole life) under IPC, 1860 + also BNS Bill, 2023 (both)
71. Punishment for assisting against committing offence – Section 57 of BNS
- Definition of punishment to include imprisonment maximum for 7 years + fine (both) under section 57 of BNS, 2023
72. Punishment for assisting against committing offence – Section 117 of IPC
- Definition of punishment to include imprisonment maximum for 3 years or fine or both (any) under section 117 of IPC, 1860
73. Rape – Section 63 of BNS
- Definition of rape to include sexual intercourse or act of sex by man with his wife who is below 18 years age under section 63 of BNS, 2023
74. Rape – Section 375 of IPC
- Definition of rape to include sexual intercourse or act of sex by man with his wife who is below 15 years age under section 375 of IPC, 1860
75. Rape – Section 64(2)(i) of BNS
- Definition of rape to include sexual intercourse or act of sex by man with woman who is below 16 years age under section 64(2)(i) of BNS, 2023
76. Rape – Section 376(2)(i) of IPC
- Definition of rape to include sexual intercourse or act of sex by man with woman who is incapable for giving consent under section 376(2)(i) of IPC, 1860
77. Death penalty for gang rape – Section 70 of BNS
- Definition of gang rape to include sexual intercourse with woman who is below 18 years age under section 70 of BNS, 2023
78. Death penalty for gang rape – Section 376AD to 376DB of IPC
- Definition of gang rape to include sexual intercourse with woman who is below 12 years age under section 376D to 376DB of IPC, 1860
79. Child procuration – Section 96 of BNS
- Definition of child procuration to include act of sex with girl + boy (both) who are below 18 years age under section 96 of BNS, 2023
80. Child procuration – Section 366A of IPC
- Definition of child procuration to include act of sex with girl who is below 18 years age under section 366A of IPC, 1860
81. Child + non child (both) selling for prostitution + etc. – Section 98 of BNS
- Definition for person’s selling against prostitution + also etc. (both) to include any person therefore word child is replaced to any person under section 98 of BNS, 2023
82. Child (only) selling for prostitution + etc. – Section 372 of IPC
- Definition for child selling against prostitution + also etc. (both) to include child (only) under section 372 of IPC, 1860
83. Child + non child (both) buying for prostitution + etc. – Section 99 of BNS
- Definition for person buying against prostitution + also etc. (both) to include any person therefore word child is replaced to any person under section 99 of BNS, 2023
84. Punishment for child buying against prostitution – Section 99 of BNS
- Definition for punishment against child buying for prostitution + also etc. (both) to include imprisonment minimum for 7 years or maximum for 14 years (any) under section 99 of BNS, 2023
85. Child (only) buying for prostitution + etc. – Section 373 of IPC
- Definition for child buying for prostitution + also etc. (both) to include child (only) under section 373 of IPC, 1860
86. Punishment for child buying against prostitution- Section 373 of IPC
- Definition for punishment against child buying for prostitution + also etc. (both) to include imprisonment for 10 years under section 373 of IPC, 1860
87. Punishment for culpable homicide not amounting to murder – Section – 105 of BNS
(i) Definition for punishment against culpable homicide not amounting to murder to include imprisonment for minimum 5 years or maximum 10 years + fine (both) under section 105 of BNS, 2023
Or
(ii) (a) Punishment may be lesser when accused Su-moto goes to police to report about case
(b) Also takes victim to hospital for medical treatment (both)
- Vide PIB’s press release dated December 20, 2023
88. Punishment for culpable homicide not amounting to murder – Section – 304 of IPC
- Definition for punishment against culpable homicide not amounting to murder to include imprisonment for maximum 10 years or fine or both (any) under section 304 of IPC, 1860
89. Punishment for death penalty due to negligence act – Section 106 of BNS
- Definition for punishment against death penalty due to negligence act which should not be amounting to culpable homicide to include imprisonment for maximum 5 years under section 106 of BNS, 2023
90. Punishment for death penalty due to negligence act – Section 304A of IPC
- Definition for punishment against death penalty due to negligence act which should not be amounting to culpable homicide to include imprisonment for maximum 2 years under section 304A of IPC, 1860
91. Punishment for attempt to murder by life convict person – Section – 109 of BNS
- Definition for punishment against attempt to murder by life convict person (already in prison) to include death penalty or life imprisonment (any) under section 109 of BNS, 2023
92. Punishment for attempt to murder by life convict person- Section – 307 of IPC
- Definition for punishment against attempt to murder by life convict person (already in prison) to include death penalty under section 307 of IPC, 1860
(D) Commutation of sentence under BNSS Bill, 2023 + CPC, 1898 (both)
93. From death penalty to life imprisonment – Section 474 of BNSS, 2023
- Govt. will be empowered to commute death penalty sentence into life imprisonment under section 474 of BNSS, 2023
94. From death penalty to other punishment – Section 433 of CPC, 1898
- Govt. is empowered to commute death penalty sentence into other punishment under section 433 of CPC, 1898
95. From life to minimum 7 years imprisonment – Section 474 of BNSS, 2023
- Govt. will be empowered to commute life imprisonment into minimum 7 years imprisonment under section 474 of BNSS, 2023
96. From life to maximum 14 years imprisonment or fine – sec 433 of CPC, 1898
- Govt. is empowered to commute life imprisonment into maximum 14 years imprisonment or fine (any) under section 433 of CPC, 1898
97. From minimum 7 years to minimum 3 years imprisonment – Section 474 of BNSS
- Govt. will be empowered to commute minimum 7 years imprisonment into minimum 3 years imprisonment as specified under section 474 of BNSS, 2023
98. From rigorous to simple imprisonment or fine – Section 433 of CPC, 1898
- Govt. is empowered to commute rigorous imprisonment into simple imprisonment or fine (any) under section 433 of CPC, 1898
99. From rigorous to simple imprisonment – Section 474 of BNSS, 2023
- Govt. will be empowered to commute rigorous imprisonment into simple imprisonment under section 474 of BNSS, 2023
100. From simple imprisonment to fine – Section 433 of CPC, 1898
- Govt. is empowered to commute simple imprisonment into fine under section 433 of CPC, 1898
101. From maximum 7 years imprisonment to fine – Section 474 of BNSS, 2023
- Govt. will be empowered to commute maximum 7 years imprisonment into fine under section 474 of BNSS, 2023.
(E) Punishments inserted through new sections under BNS Bills 2023
102. For default in payment against fine or default in community service (any)
(i) Punishment as imprisonment for maximum 2 months against default in payment of fine for maximum 5000 or default in community service (any)
(ii) Punishment as imprisonment for maximum 4 months against default in payment of fine for maximum 10000 or default in community service (any)
(iii) Punishment as imprisonment for maximum 1 year against any other default
103. For offence committed outside India which also treated offence in India – Sec 48
(i) Govt. will be empowered to levy punishment to offender like imprisonment or fine or both (any) beside offence is committed outside India when same offence is liable for punishment in India under section 48 of BNS, 2023
(ii) Also to levy punishment to offender like imprisonment or fine or both (any) when offence is committed in India beside offender is located outside India is liable for punishment in India under section 48 of BNS, 2023
104. For sexual intercourse based on false promises for employment or etc. – Sec 69
- Govt. will be empowered to levy punishment to offender like imprisonment for maximum 10 years + also fine (both) against sexual intercourse based on false promise for employment or promotion or inducement or marring or suppressing identity or promise to marry woman without any intention of fulfilling same under section 69 of BNS Bill, 2023
105. For child hiring or employing or engaging (any) – Section 93
- Govt. will be empowered to levy punishment to offender like imprisonment or fine (any) for child hiring or employing or engaging or using for sexual exploitation or pornography (any) below 18 years age under section 93 of BNS Bill, 2023
106. For Mob lynching by group of minimum 5 persons based on race or caste – Sec 103(2)
- Govt. will be empowered to levy punishment to 100% members of group like death penalty or life imprisonment + fine (both) for mob lynching by group of minimum 5 persons based on race or caste or community or sex or place of birth or language or personal belief or other ground (any) under section 103(2) of BNS Bill, 2023
107. For petty organized crimes committed by member of group or gang – Sec 112
- Govt. will be empowered to levy punishment to offender like imprisonment for minimum 1 years or maximum for 7 years + also fine (both) against petty organized crimes committed by member of group or gang singly or jointly like theft or snatching or cheating or unauthorized selling of tickets or unauthorized betting or gambling or selling of public examination question papers or other similar criminal act (any) under section 112 of BNS Bill, 2023.
108. Meaning for theft under petty organized crimes by groups or gangs – Sec 112
- Meaning of theft under section 112 of BNS Bill, 2023 to include:
(i) Through trick
(ii) From vehicles
(iii) From dwelling houses
(iv) From business premises
(v) From Cargos
(vi) Through pick pocketing
(vii) Through card skimming
(viii) Through shopliftings
(ix) Through Automated Teller Machine (ATM).
109. For terrorist activity by offender – Section 113
(i) Govt. will be empowered to levy punishment to offender like death penalty penalty or life imprisonment + also fine (both) where offence has resulted in victim’s death penalty
Or
(ii) BNS Bill, 2023 to levy punishment to offender like imprisonment for minimum 5 years or life imprisonment + also fine (both) where offence has not resulted in victim’s death penalty
110. Meaning for terrorist activity by offender – Section 113
(i) To include act with intent to threaten or likely to threaten India’s unity or integrity or sovereignty or security or economic security or with intent to strike terror or likely to strike terror on people or on section of people in India + outside India (both) by using certain modes like :
(a) Bombs
(b) Dynamite
(c) Other explosive substance
(d) Inflammable substance
(e) Firearms
(f) Other lethal weapons
(g) Poisonous gases
(h) Noxious gases
(i) Other chemicals
(j) Other substance like:
-
- Biological
- Radioactive
- Nuclear
- Other hazardous in nature
- Other means to cause or likely to cause certain injuries
(ii) Meaning for certain injuries – Section 113
- Certain injuries to include followings:
(a) Loss or damage or destruction of property (any)
(b) Disruption of essential supplies or services to life of peoples in India + outside India (both)
(c) Damage to India’s monetary stability through production or smuggling or circulation of counterfeit Indian paper currency or coin or other material (any)
(d) Damage or destruction of property in India + outside India (both) used or intended to be used for India’s defense or for other govt.’s purposes or govt. of states or their agencies (any)
(e) Acting through criminal force or show of criminal force or causes to public functionary’s death penalty or attempts to cause of public functionary’s death penalty (any)
(f) Detains or kidnaps or abducts person(s) + also threatening to kill or injure or do other act to compel of India or state(s) govt. or govt. outside India or international organization or inter-governmental organization or other person (any).
111. Meaning for public functionary – Section 113
- To include constitutional authorities or other functionary (any) duly notified in Central govt.’s official gazette as public functionary
112. Meaning for counterfeit Indian currency – Section 113
- To include as declared after examination by authorized or notified forensic authority for non genuine currency or compromises with Indian currency’s key security features (any)
113. For offender’s escaping from scene of incident without reporting to Police
- Govt. will be empowered to levy punishment to offender like imprisonment maximum for 10 years + also fine (both) for offender’s escaping from scene of incident without reporting to Police or magistrate (any) after incident under BNS Bill, 2023
114. For negligence act by medical practitioner during medical procedure
(i) Govt. will be empowered to levy punishment for negligence act by registered medical practitioner during medical procedure under BNS Bill, 2023
(ii) Meaning for registered medical practitioner
(a) To include person who possesses medical qualification as recognized under National Medical Commission (NMC) Act, 2019 (30 of 2019)
(b) Also whose name is entered in National Medical Register (NMR) or State Medical Register (SMR) under respective act.
115. For continuing unlawful activity + economic offence by organized criminal (both)
(i) Govt. will be empowered to levy punishment for continuing unlawful activity like:
(a) Punishment for kidnapping
(b) Punishment for robbery
(c) Punishment for vehicle theft
(d) Punishment for extortion
(e) Punishment for land grabbing
(f) Punishment for contract killing
(g) Punishment for economic offence
(h) Punishment for cyber-crimes
(i) Punishment for trafficking of persons
(j) Punishment for trafficking of drugs
(k) Punishment for trafficking of Weapons
(l) Punishment for trafficking of Illicit goods
(m) Punishment for trafficking of Services
(n) Punishment for trafficking of human
(o) Punishment for trafficking for prostitution
(p) Punishment for ransom
(ii) Unlawful activity + economic offence (both) may be carried by person or group of persons acting in concert or singly or jointly through member of organized crime syndicate or on behalf of syndicate or use of violence or threat for violence or intimidation or coercion or other unlawful means (any) to obtain direct or indirect material financial benefits.
116. Meaning for organized crime syndicate against continuing unlawful activity
- To include group of minimum 2 persons + acting singly or jointly as syndicate or gang + also indulge in continuing unlawful activity (all).
117. Meaning for continuing unlawful activity by organized crime syndicate
(i) To include 100% prohibited activities under India’s law
(ii) (a) Also treated cognizable offence which punishable with imprisonment for minimum 3 years
(b) Also undertaken singly or jointly as member of organized crime syndicate or on behalf of syndicate by offender where minimum 2 charge-sheets are filed before competent Court within preceding 10 years
(c) Also competent Court has taken cognizance against these offences + economic offence (both)
118. Meaning for economic offence by organized crime syndicate
- To include criminal breach of trust or forgery or counterfeiting of currency notes or bank notes or govt. stamps or hawala transactions or mass-marketing frauds or running any scheme to defraud several persons or doing any act in any manner to defraud bank or financial institution or other institution or organization for obtaining monetary benefits in any form
119. For committing organized crime
(i) Govt. will be empowered to levy death penalty or life imprisonment + also minimum 10 lac fine (both) for committing organized crime where offence has resulted in death of any person
(ii) Also to levy punishment to offender like life imprisonment + minimum fine for 5 lac (both) against committing organized crime where offence has not resulted in death of any person
120. For attempting or knowingly facilitating for committing organized crime
- Govt. will be empowered to levy punishment to offender like imprisonment for minimum 5 years or maximum life imprisonment + also fine for minimum 5 lac (both) against attempting or knowingly facilitating for committing organized crime or engaged in preparatory act for organized crime under BNS Bill, 2023
121. For attempting or knowingly facilitating by member of crime syndicate
- Govt. will be empowered to levy punishment to offender like minimum imprisonment for 5 years or maximum life imprisonment + also fine for minimum 5 lac (both) against attempting or knowingly facilitating for committing of organized crime or engaged in preparatory act for organized crime (any) under BNS Bill, 2023
122. For intentionally harbored or concealed person (any) who committed offence
(i) Govt. will be empowered to levy punishment to offender like imprisonment for minimum 3 years or maximum life imprisonment + also fine for minimum 5 lac (both) against intentionally harboring or concealing person who committed offence under organized crime
But
(ii) Govt. will not be empowered when harboring or concealing is committed by offender’s spouse under BNS Bill, 2023
123. For possessing property derived from committing organized crime
- Govt. will be empowered to levy punishment to offender like imprisonment for minimum 3 years or maximum life imprisonment + also fine for minimum 2 lac (both) against possessing property which derived or obtained from committing organized crime or proceed of organized crime or acquired through organized crime under BNS Bill, 2023.
124. For possessing not satisfactory explained movable or immovable property (any)
(i) Govt. will be will be empowered to levy punishment to offender like imprisonment for minimum 3 years or maximum imprisonment for 10 years + also fine for minimum 1 lac (both) against possessing movable or immovable property on behalf of member of organized crime syndicate
(ii) Also not satisfactory explained by offender (both) under BNS Bill, 2023.
(F) Offences under BNS Bill, 2023 + IPC, 1860 (both) in India
|
Section under BNS Bill, 2023 |
Name of Chapter + Title (both) under BNS Bill, 2023 | Section under IPC, 1860 | |
20. Preliminary like short title + definition + etc – Sec 1 to 3 (Chapter – I) |
|||
| 1 | Short title + commencement + also application (all) | 1 to 5 = 5 | |
| 2 | Definitions for different words used under BNS Bill, 2023 | 6 to 52A = 47 | |
| 3 | General explanations + also expressions (both) | 6 + 7 + 27 + 32 + 34 + 35 + 36 + 37 + 38 = 9 | |
21. Punishments against offences – Sec 4 to 13 (Chapter – II) |
|||
| 4 | Punishments for offences | 53 | |
| 5 | Commutation for sentences | 54 to 55A = 2 | |
| 6 | Punishments fractions + also terms (both) | 57 | |
| 7 | Sentences like wholly (100%) or partly (not 100%) as rigorous or simple | 60 | |
| 8 | Fine’s amounts + liabilities in defaults + also etc (all) | 63 to 70 = 8 | |
| 9 | Limits for punishments | 71 | |
| 10 | Punishments for several offences by offender | 72 | |
| 11 | Solitary confinement (offender lives in single cell) | 73 | |
| 12 | Limit for solitary confinement | 74 | |
| 13 | Enhanced punishments for certain offences | 75 | |
22. General expectations against offences – Sec 14 to 33 (Chapter – III) |
|||
| 14 | Acted by mistake | 76 | |
| 15 | Acted by judge judicially | 77 | |
| 16 | Acted by pursuant to judgment | 78 | |
| 17 | Acted by fact’s mistake | 79 | |
| 18 | Accident during lawful act | 80 | |
| 19 | Acted without criminal intent to prevent other from harm | 81 | |
| 20 | Acted by child below 7 years age | 82 | |
| 21 | Acted by child between 7 years and 12 years | 83 | |
| 22 | Acted by mental illness person | 84 | |
| 23 | Acted by incapable person due to under influence of drugs | 85 | |
| 24 | Offences committed by person under influence of drugs | 86 | |
| 25 | Acted not intended to cause death penalty or grievous hurt with consent | 87 | |
| 26 | Acted not intended to cause death penalty or grievous hurt in good faith | 88 | |
| 27 | Acted in good faith for mental illness of child or person’s benefits | 89 | |
| 28 | Giving consent under fear or misconception (any) | 90 | |
| 29 | Offence against causing miscarriage beside consent obtained from woman | 91 | |
| 30 | Acted in good faith for person’s benefit without consent | 9 | |
| 31 | Communicating in good faith for person’s benefits | 93 | |
| 32 | Acted because compelled by threats | 94 | |
| 33 | Acted for slight harm | 95 | |
23. For right against private defense – Sec 34 to 44 (Chapter – III) |
|||
| 34 | Acted for private defense | 96 | |
| 35 | Acted for private defense of human body + also property (both) | 97 | |
| 36 | Acted for private defense against mental illness person | 98 | |
| 37 | Private defense not allowed against public servant’s action | 99 | |
| 38 | Private defense not allowed against other person’s death penalty | 100 | |
| 39 | Private rights allowed against causing harm other than death penalty | 101 | |
| 40 | Private defense continuance till apprehension of danger | 102 | |
| 41 | Private defense’s rights extends to causing death penalty | 103 | |
| 42 | Private defense’s rights extends to causing any harm other than death penalty | 104 | |
| 43 | Private defense rights commence when reasonable apprehension of danger | 105 | |
| 44 | Private defense rights against deadly assault to innocent persons | 106 | |
24. For abetment + conspiracy + abetment’s attempt (all) – Sec 45 to 60 (Chap. – IV) |
|||
| 45 | For abetting | 107 | |
| 46 | For abettor | 108 | |
| 47 | For abetting in India against offences committed outside India | 108A | |
| 48 | For abetting committed in India against abetted outside India | – | |
| 49 | For without expressed provisions under BNS Bill, 2023 | 109 | |
| 50 | For abetted person acted with different intention | 110 | |
| 51 | For abettor abetted but committed different act | 111 | |
| 52 | For abettor eligible for cumulative punishment | 112 | |
| 53 | For abettor abetted but committed different from intended | 113 | |
| 54 | For abettor presented during committing offence | 114 | |
| 55 | For abatement for death penalty or life imprisonment | 115 | |
| 56 | For abatement for imprisonment | 116 | |
| 57 | For abatement by more than 10 persons | 117 | |
| 58 | For concealing design for death penalty or life imprisonment | 118 | |
| 59 | For concealing design by public servant | 119 | |
| 60 | For concealing design for other imprisonment | 120 | |
25. For criminal conspiracy – Sec 61 (Chapter – IV) |
|||
| 61 |
For criminal conspiracy |
120A + 120B = 2 | |
| 26. For attempting to commit – Sec 62 (Chapter – IV) | |||
| 62 | For attempting commit | 511 | |
27. For sexual crime with women + children + transgender (all) – Sec 63 to 72 (Chap–V) |
|||
| 63 | For raping | 375 | |
| 64 | For rape | 376(1) + (2) = 2 | |
| 65 | For rape in certain cases like: | ||
| (i) When rape on woman under 16 years of age | 76(3) | ||
| (ii) When rape on woman under 12 years of age | 376AB
|
||
| 66 | For rape causing death penalty or persistent vegetative state (any) | 376A | |
| 67 | For sexual intercourse during separation | 376B | |
| 68 | For sexual intercourse by person in authority | 376C | |
| 69 | For sexual intercourse by false means or promise to marry like: | – | |
| 70 | (i) When gang rape | 376D | |
| (i) When gang rape on women under 18 years of age | – | ||
| 71 | For repeat offenders | 376E | |
| 72 | For disclosure of victim’s identity | 228A | |
28. For criminal force + assault against women (both) – Sec 73 to 78 (Chapter – V) |
|||
| 73 | For assault or criminal force to woman to outrage her modesty | 354 | |
| 74 | For sexual harassment | 354A | |
| 75 | For assault or criminal force with intent to disrobe | 354B | |
| 76 | For voyeurism | 354C | |
| 77 | For stalking | 354D | |
| 78 | For word + gesture + act intended to insult modesty of woman | 509 | |
29. For marriage – Sec 79 to 85 (Chapter – V) |
|||
| 79 | For dowry death penalty | 304B | |
| 80 | For cohabitation by deceitfully inducing belief of lawful marriage | 493 | |
| 81 | For marrying again during lifetime of husband or wife (any) | 494 + 495 = 2 | |
| 82 | For fraudulently organizing marriage ceremony | 496 | |
| 83 | For enticing or detaining married woman (any) | 498 | |
| 84 | For cruelty by husband or relative(s) | 498A | |
| 85 | For Kidnapping + etc. + inducing woman to compel marriage | 366 | |
30. For causing miscarriage without women’s consent – Sec 86 to 90 (Chap. – V) |
|||
| 86 | For causing miscarriage | 312 | |
| 87 | For causing miscarriage without woman’s consent | 313 | |
| 88 | For death penalty caused by act done for miscarriage | 314 | |
| 89 | For act to prevent child’s birth alive or cause death penalty after birth | 315 | |
| 90 | For causing death penalty due to quick unborn child | 316 | |
31. For children – Sec 91 to 97 (Chapter – V) |
|||
| 91 | For child’s exposure + abandonment under 12 years age | 317 | |
| 92 | For birth’s concealment through dead body’s disposal | 318 | |
| 93 | For child’s hiring or employing or engaging to commit offence | – | |
| 94 |
For child’s procuration |
366A | |
| 95 | For child’s kidnapping or abducting under 10 years age to steal | 369 | |
| 96 | For child’s selling for prostitution | 372 | |
| 97 | For child’s buying for prostitution | 373 | |
| 32. For human body + human life (both) – Sec 98 to 111 (Chapter – VI) | |||
| 98 | For culpable homicide | 299 | |
| 99 | For murder | 300 | |
| 100 | For culpable homicide through causing death penalty of person like: | 301 | |
| 101 | (i) For murder | 302 | |
| (ii) For mob lynching | – | ||
| 102 | For murder through life-convict | 303 | |
| 103 | For culpable homicide as not amounting to murder like: | 304 | |
| 104 | (i) For causing death penalty through negligence | 304A | |
| (ii) For non reporting of rash or negligent act causing death penalty | – | ||
| 105 | For abetment of child’s suicide or person with mental illness | 305 | |
| 106 | For suicide’s abetment | 306 | |
| 107 | For attempt to murder | 307 | |
| 108 | For attempt to commit culpable homicide | 308 | |
| 109 | For organized crime | – | |
| 110 | For petty organized crime or organized in general | – | |
| 111 | For terrorist act | – | |
33. For causing or grievous hurt (any) by dangerous weapon–Sec 112 to 125 (Chap–V) |
|||
| 112 | For hurting | 319 | |
| 113 | For voluntarily causing hurt | 321 + 323 = 2 | |
| 114 | For grievous hurting | 320 | |
| 115 | For voluntarily causing grievous hurting like: | 322 + 325 = 2 | |
| (i) Grievous hurt causing permanent disability/persistent vegetative state | – | ||
| (ii) Hurting caused by mob | – | ||
| 116 | For voluntarily causing hurt or grievous hurt by weapons | 324 + 326 = 2 | |
| 117 | For voluntarily causing hurt or grievous hurt to extort property | 327 + 329 = 2 | |
| 118 | For voluntarily causing hurt / grievous hurt to extort confession | 330 + 331 = 2 | |
| 119 | For voluntarily causing hurt or grievous hurt to public servant | 332 + 333 = 2 | |
| 120 | For voluntarily causing hurt or grievous hurt on provocation | 334 + 335 = 2 | |
| 121 | For causing hurt by poison with intent to commit offence | 328 | |
| 122 | For voluntarily causing grievous hurt by use of acid + etc. | 326A + 326B = 2 | |
| 123 | For act endangering life or personal safety of others | 336 + 337
+ 338 = 3 |
|
| 124 | For wrongful restraint | 339 + 341 = 2 | |
| 125 | For wrongful confinement | 340 + 342 to
348 = 8 |
|
34. For criminal force + assault (both) – Sec 126 to 134 (Chapter – VI) |
|||
| 126 | For force | 349 | |
| 127 | For criminal force | 350 | |
| 128 | For assault | 351 | |
| 129 | For assault / criminal force other than on grave provocation | 352 | |
| 130 | For assault / criminal force to deter public servant from his duty | 353 | |
| 131 | For assault / criminal force with intent to dishonor person | 355 | |
| 132 | For assault/criminal force in attempt to commit property’s theft | 356 | |
| 133 | For assault/criminal force in attempt wrongly to confine person | 357 | |
| 134 | For assault / criminal force on grave provocation | 358 | |
35. For kidnap + abduction + slavery + forced labor (all) – Sec 135 to 144 (Chap.–VI) |
|||
| 135 | For kidnapping | 359 + 360 + 361 + 363 = 4 | |
| 136 | For abduction | 362 | |
| 137 | For kidnapping or maiming child for begging | 363A | |
| 138 | For kidnapping or abducting to murder or for ransom + etc. | 364 + 365 + 367 = 3 | |
| 139 | For importation of girl or boy from outside India | 366B | |
| 140 | For wrongfully concealing or keeping in confinement kidnapped | 368 | |
| 141 | For person’s trafficking | 370 | |
| 142 | For trafficked person’s exploitation | 370A | |
| 143 | For habitual dealing in slaves | 371 | |
| 144 | For unlawful compulsory labor | 374 | |
36. For govt. – Sec 145 to 156 (Chapter VII) |
|||
| 145 | For waging war against govt. of India | 121 | |
| 146 | For conspiracy to commit offences | 121A | |
| 147 | For collecting arms against wage war | 122 | |
| 148 | For concealing to facilitate design against wage war | 123 | |
| 149 | For assaulting President of India or Governor of state (any) | 124 | |
| 150 | For acts endangering India’s sovereignty + unity + integrity (all) | – | |
| 151 | For waging war against foreign state | 125 | |
| 152 | For depredation on territories located outside India | 126 | |
| 153 | For receiving property taken through war or depredation | 127 | |
| 154 | For public servant allowing prisoner of state or war to escape | 128 | |
| 155 | For public servant negligently allowing prisoner to escape | 129 | |
| 156 | For aiding escape or harboring prisoner (any) | 130 | |
|
|
|||
| 157 | For abetting mutiny or attempting to seduce soldier from duty | 131 | |
| 158 | For abetment of mutiny when mutiny committed in consequence | 132 | |
| 159 | For abetment of assault by soldier/sailor/etc on superior officer | 133 | |
| 160 | For abetment of assault when assault committed | 134 | |
| 161 | For abetment of desertion of soldier or sailor or airman | 135 | |
| 162 | For harboring deserter | 136 | |
| 163 | For deserter concealed on merchant vessel by master’s negligence | 137 | |
| 164 | For abetment of act of insubordination by soldier/sailor/ airman | 138 | |
| 165 | For subject to certain acts | 139 | |
| 166 | For wearing garb or carrying token used by soldier/sailor/airman | 140 | |
38. For elections – Sec 167 to 175 (Chapter IX) |
|||
| 167 | For candidate + defined electoral right (both) | 171A | |
| 168 | For bribery in cash or in kind | 171B | |
| 169 | For undue influence at elections | 171C | |
| 170 | For personation at elections | 171D | |
| 171 | For bribery consisting food or drink or entertainment or etc. | 171E | |
| 172 | For undue influence or personation at election | 171F | |
| 173 | For false statements against election | 171G | |
| 174 | For illegal payments against election | 171H | |
| 175 | For failure to keep election’s accounts | 171I | |
39. For coins + currency notes + bank notes + stamps (all)-Sec 176 to 186 (Chap. X) |
|||
| 176 | For counterfeiting coins or govt. stamps or currency-notes or bank- notes (any) | 230 + 231 + 232 + 246 + 247 + 248 + 249 + 255 + 489A = 9 | |
| 177 | For using as genuine or forged or counterfeit coins or govt. stamp or currency-notes or bank notes (any) | 250 + 251 + 258 + 260 +
489B = 5 |
|
| 178 | For possession of forged or counterfeit coins or govt. stamps or currency-notes or bank-notes (any) | 242 + 252 + 253 + 259 +
489C = 5 |
|
| 179 | For making or possessing instruments or materials for forging or counterfeiting coins or govt. stamps or currency or bank notes | 233 + 235 + 256 + 257 + 489D = 5 | |
| 180 | For making or using documents resembling currency notes or bank notes (any) | 489E | |
| 181 | For effacing writing with intent to cause loss to govt. | 261 | |
| 182 | For using govt. stamps which already used | 262 | |
| 183 | For erasure of mark denoting that stamp already used | 263 | |
| 184 | For prohibition of fictitious stamps | 263A | |
| 185 | For causing coin to be of different weight from that fixed by law | 244 | |
| 186 | For unlawfully taking coining instrument from mint | 245 | |
40. For public harmony – Sec 187 to 195 (Chapter XI) |
|||
| 187 | For unlawful assembly | 141 to 145 + 150
+ 151 + 157 + 158 = 9 |
|
| 188 | For unlawful offence guilty | 149 | |
| 189 | For rioting | 146 to 148 = 3 | |
| 190 | For wantonly giving provocation to cause riot | 153 | |
| 191 | For liability of owner or occupier or etc. (any) | 154 to 156 = 3 | |
| 192 | For affray | 159 + 160 = 2 | |
| 193 | For assaulting or obstructing public servant suppressing riot | 152 | |
| 194 | For promoting enmity between groups | 153A | |
| 195 | For imputations + assertions prejudicial to national integration | 153B* | |
41. For public servant – Sec 196 to 203 (Chapter XII) |
|||
| 196 | For public servant’s disobeying law to cause injury | 166 | |
| 197 | For public servant’s disobeying direction under law | 166A | |
| 198 | For victim’s non-treatment | 166B | |
| 199 | For framing incorrect document to cause injury | 167 | |
| 200 | For unlawfully engaging in trade | 168 | |
| 201 | For unlawfully buying or bidding for property (any) | 169 | |
| 202 | For personating public servant | 170 | |
| 203 | For wearing garb of public servant | 171 | |
|
|
|||
| 204 | For absconding to avoid service of summons or other proceeding | 172 | |
| 205 | For preventing summons’ service or other proceeding or etc. | 173 | |
| 206 | For non-attendance in obedience to order from public servant | 174 | |
| 207 | For non-appearance against proclamation – Sec. 82 of BNSS | 174A | |
| 208 | For omission to produce document by person to public servant | 175 | |
| 209 | For omission to give notice or etc. by person to public servant | 176 | |
| 210 | For furnishing false information’s | 177 | |
| 211 | For refusing oath or affirmation as required by public servant | 178 | |
| 212 | For refusing to answer to public servant against his question | 179 | |
| 213 | For refusing to sign statement | 180 | |
| 214 | For false statement on oath or affirmation to public servant | 181 | |
| 215 | For false information with intent to cause public servant | 182 | |
| 216 | For resistance in taking property by public servant’s authority | 183 | |
| 217 | For obstructing property’s sale offered by public servant | 184 | |
| 218 | For Illegal property’s purchase offered by public servant | 185 | |
| 219 | For obstructing public servant in discharge of his functions | 186 | |
| 220 | For omission to assist public servant when required by law | 187 | |
| 221 | For disobedience to order promulgated by public servant | 188 | |
| 222 | For injury’s threat to public servant | 189 | |
| 223 | For injury’s threat to refrain others to protect to public servant | 190 | |
| 224 | For attempt to commit suicide to restraint lawful power exercise | – | |
43. For false evidence + public justice (both) – Sec 225 to 267 (Chapter XIV) |
|||
| 225 | For giving false evidence | 191 | |
| 226 | For fabricating false evidence | 192 | |
| 227 | For false evidence | 193 | |
| 228 | For giving false evidence to procure conviction of capital offence | 194 | |
| 229 | For giving false evidence to procure conviction | 195 | |
| 230 | For threatening any person to give false evidence | 195A | |
| 231 | For using evidence beside knowingly being false | 196 | |
| 232 | For issuing or signing false certificate (any) | 197 | |
| 233 | For using as true certificate beside knowingly being false | 198 | |
| 234 | For false statement under declaration by law as evidence | 199 | |
| 235 | For using as true declaration beside knowingly being false | 200 | |
| 236 | For causing evidence’s disappearance / giving false information | 201 | |
| 237 | For intentional omission to give information by required person | 202 | |
| 238 | For giving false information against committed offence | 203 | |
| 239 | For document’s destruction to prevent as evidence’s production | 204 | |
| 240 | For false personation in suit or prosecution proceedings | 205 | |
| 241 | For fraudulent property removal/concealment to prevent seizure | 206 | |
| 242 | For fraudulent claim against property to prevent seizure | 207 | |
| 243 | For fraudulently suffering decree against wrong claim | 208 | |
| 244 | For dishonestly making false claim in Court | 209 | |
| 245 | For fraudulently obtaining decree against wrong claim | 210 | |
| 246 | For false offence charge with intent to injure | 211 | |
| 247 | For offender’s harboring | 212 | |
| 248 | For taking gift or etc. to screen offender | 213 | |
| 249 | For offering gift for restoration of property | 214 | |
| 250 | For taking gift to help to recover stolen property or etc. | 215 | |
| 251 | For offender’s harboring from custody or apprehension ordered | 216 | |
| 252 | For robbers or dacoit’s harboring | 216A | |
| 253 | For disobeying law’s direction to save from punishment | 217 | |
| 254 | For public servant’s framing incorrect records | 218 | |
| 255 | For corruptly making report in proceedings by public servant | 219 | |
| 256 | For committing wrong beside knowingly acting contrary to law | 220 | |
| 257 | For intentional omission for offender’s help by public servant | 221 | |
| 258 | For intentional omission for offender’s escaping by public servant | 222 | |
| 259 | For escape from confinement or custody by public servant | 223 | |
| 260 | For resistance or obstruction by offender himself | 224 | |
| 261 | For resistance or obstruction by other person for offender | 225 | |
| 262 | For omission to apprehend of escape by public servant | 225A | |
| 263 | For resistance or obstruction to lawful apprehension or escape | 225B | |
| 264 | For violation of condition of remission of punishment | 227 | |
| 265 | For intentional insult during judicial proceedings | 228 | |
| 266 | For assessor’s personation | 229 | |
| 267 | For failure to appear in court who released on bail or bond | 229A | |
44. For health + safety + convenience + decency (all) – Sec 268 to 295 (Chap XV) |
|||
| 268 | For public nuisance | 268 | |
| 269 | For negligent act which likely to spread infection of disease dangerous to life | 269 | |
| 270 | For malignant act which likely to spread infection of disease dangerous to life | 270 | |
| 271 | For disobedience to quarantine rule | 271 | |
| 272 | For adulteration of food or drink intended for sale | 272 | |
| 273 | For sale of noxious food or drink | 273 | |
| 274 | For drug’s adulteration | 274 | |
| 275 | For adulterated drug’s sale | 275 | |
| 276 | For different drug or preparation’s sale | 276 | |
| 277 | For fouling water of public spring or reservoir | 277 | |
| 278 | For making atmosphere noxious to health | 278 | |
| 279 | For rash driving or riding on public way | 279 | |
| 280 | For rash navigation of vessel | 280 | |
| 281 | For exhibition of false light or mark or buoy (any) | 281 | |
| 282 | For conveying through water for hire in unsafe or overloaded vessel | 282 | |
| 283 | For danger or obstruction in public way or line of navigation (any) | 283 | |
| 284 | For negligent conduct against poisonous substance | 284 | |
| 285 | For negligent conduct against fire or combustible matter | 285 | |
| 286 | For negligent conduct against explosive substance | 286 | |
| 287 | For negligent conduct against machinery | 287 | |
| 288 | For negligent conduct against pulling down or repairing buildings or etc. | 288 | |
| 289 | For negligent conduct against animal | 289 | |
| 290 | For public nuisance | 290 | |
| 291 | For continuance of nuisance after injunction to discontinue | 291 | |
| 292 | For sale or etc. of obscene books or etc. (any) | 292 | |
| 293 | For sale or etc. of obscene objects to child (any) | 293 | |
| 294 | For obscene acts or songs (any) | 294 | |
| 295 | For keeping lottery office | 294A | |
45. For religion – Sec 296 to 300 (Chapter XVI) |
|||
| 296 | For injuring or defiling worship’s place (any) | 295 | |
| 297 | For deliberately acting outage religious feelings | 295A | |
| 298 | For disturbing religious assembly | 296 | |
| 299 | For trespassing on burial places | 297 | |
| 300 | For uttering words + etc. to wound religious feelings | 298 | |
46. For property – Sec 301 to 305 (Chapter XVII) |
|||
| 301 | For theft | 378 + 379 = 2 | |
| 302 | For snatching | – | |
| 303 | For theft in dwelling house | 380* | |
| 304 | For theft by clerk or servant (any) | 381 | |
| 305 | For theft after preparing for causing death penalty or hurt or restraint | 382 | |
| 47. For extortion – Sec 306 (Chapter XVII) | |||
| 306 | For extortion | 383 + 389 = 2 | |
48. For robbery + docoity (both) – Sec 307 to 311 (Chapter XVII) |
|||
| 307 | For robbery | 390 + 392 + 393
+ 394 = 4 |
|
| 308 | For dacoity | 391 + 395 + 396 +
399 + 400 + 402 = 6 |
|
| 309 | For robbery or dacoity (any) with attempt to cause grievous hurt | 397 | |
| 310 | For attempting to commit robbery or dacoity (any) with deadly weapon | 398 | |
| 311 | For belonging to gang of robbers or thieves (any) | 401 | |
49. For criminal property’s misappropriation – Sec 312 to 313 (Chap. XVII) |
|||
| 312 | For dishonest misappropriation | 403 | |
| 313 | For dishonest misappropriation of property possessed by deceased person | 404 | |
50. For criminal trust’s breach – Sec 314 (Chapter XVII) |
|||
| 314 | For criminal breach of trust | 405 to 409 = 5 | |
51. For receiving stolen property – Sec 315 (Chapter XVII) |
|||
| 315 | For stolen property | 410 to 414 = 5 | |
52. For cheating – Sec 316 + 317 (Chapter XVII) |
|||
| 316 | For cheating | 415 + 417 + 418
+ 420= 4 |
|
| 317 | For cheating by personation | 416 + 419 = 2 | |
| 53. For fraudulent deeds + Property’s dispositions (both) – Sec 318 to 321 (Chap. XVII) | |||
| 318 | For dishonestly property’s removal to prevent distribution among creditors | 421 | |
| 319 | For dishonestly preventing debts as available for creditors | 422 | |
| 320 | For dishonestly execution of sale deed | 423 | |
| 321 | For dishonestly property’s removal or concealment (any) | 424 | |
54. For mischief – Sec 322 to 326 (Chapter XVII) |
|||
| 322 | For mischief | 425 + 426 + 427
+ 440 = 4 |
|
| 323 | For mischief by killing or maiming animal (any) | 428 to 429 = 2 | |
| 324 | For mischief by injury or ire or explosion or etc (any) | 430 to 436 = 7 | |
| 325 | For mischief with intent to destroy rail or aircraft or etc (any) | 437 to 438 = 2 | |
| 326 | For intentionally running vessel to commit theft or etc (any) | 439 | |
55. For Criminal trespass – Sec 327 to 332 (Chapter XVII) |
|||
| 327 | For criminal trespass + also house trespass (both) | 441 to 442 = 2 | |
| 447 to 448 = 2 | |||
| 328 | For lurking house trespass + also housebreaking (both) | 443 + 445 = 2 | |
| 329 | For lurking house trespass or housebreaking (any) | 453 to 460 = 8 | |
| 330 | For house trespass to commit offence | 449 to 451 = 3 | |
| 331 | For house trespass for assault or etc. (any) | 452 | |
| 332 | For dishonestly breaking receptacle | 461 to 462 = 2 | |
56. For documents + property marks (both) – Sec 333 to 342 (Chapter XVIII) |
|||
| 333 | For preparing false documents | 464 | |
| 334 | For forgery | 463 + 465 + 468 + 469 = 4 | |
| 335 | For forgery of court’s or public registrar’s records or etc. (any) | 466 | |
| 336 | For forgery of valuable security or will or etc. (any) | 467 | |
| 337 | For forged document’s possessed knowingly + also to use as genuine (both) | 474 | |
| 338 | For forged documents or electronic records + also to use as genuine (both) | 470 to 471 = 2 | |
| 339 | For wrongly possessed counterfeit seal or etc. (any) with intent to forgery | 472 to 473 = 2 | |
| 340 | For counterfeiting device or mark used for authenticating documents | 475 to 476 = 2 | |
| 341 | For fraudulently cancellation or etc. about will or authority to adopt (any) | 477 | |
| 342 | For account’s falsifications | 477A | |
57. For property marks – Sec 343 to 348 (Chapter XVIII) |
|||
| 343 | For property mark | 479 + 481 +
482 = 3 |
|
| 344 | For tampering property mark with intent to cause injury | 489 | |
| 345 | For counterfeiting property mark | 483 + 484 = 2 | |
| 346 | For making or possessing instrument for counterfeiting property mark | 485 | |
| 347 | For selling goods marked with counterfeit property mark | 486 | |
| 348 | For making false mark on receptacle containing goods | 487 + 488 = 2 | |
58. For criminal intimidation + insult + annoyance (all) – Sec 349 to 353 (Chap. XIX) |
|||
| 349 | For criminal intimidation | 503 + 506 +
507 = 3
|
|
| 350 | For intentional insult to provoke breach of peace | 504 | |
| 351 | For statement conducing to public mischief | 505 | |
| 352 | For acting by inducing to believe to render object of divine displeasure | 508 | |
| 353 | For misconduct by drunken person in public | 510 | |
59. For defamation – Sec 354 (Chapter XIX) |
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| 354 | For defamation | 499 to 502 = 4 | |
60. For contract’s breach + supply to helpless persons (both) – Sec 355 + 356 (Chap. XIX) |
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| 355 | For breach of contract to supply helpless person | 491 | |
| 356 | For repealing + also savings (both) | – | |
| 356 | Total | 511 | |
166. IPC’s certain words + provisions (both) deleted in BNS Bill, 2023
(i) Deleted servant of govt. under section 14 of IPC, 1860
(ii) Deleted India under section 18 of IPC, 1860
(iii) Deleted electronic record under section 29A of IPC, 1860
(iv) Deleted section under section 50 of IPC, 1860
(v) Deleted construction of reference to transportation under section 53A of IPC, 1860
(vi) Deleted sedition under section 124A of IPC, 1860
(vii) Deleted punishment for knowingly carrying arms in any procession under section 153AA of IPC, 1860
(viii) Deleted delivery of coin as genuine under section 254 of IPC, 1860
(ix) Deleted offences relating to weights and measures under section 264 to 267 of IPC, 1860
(x) Deleted attempt to commit suicide under section 309 of IPC, 1860
(xi) Deleted thug and punishment for thug under section 310 to 311 of IPC, 1860
(xii) Deleted gang rape on woman under age of 16 and 12 (respectively) under section 376DA + also 376DB of IPC, 1860
(xiii) Deleted sexual intercourse against order of nature under section 377 of IPC, 1860
(xiv) Deleted lurking house trespass at night under section 444 of IPC, 1860
(xv) Deleted housebreaking at night under section 446 of IPC, 1860
(xvi) Deleted adultery under section 497 of IPC, 1860
(G) Punishment’s summary through new sections inserted under BNS Bills, 2023
167. For community service against petty offences – Section 4
- Community service against petty offences will be considered punishment as unpaid labor under section 4 of BNS Bill, 2023
168. For rape – Section 64
(i) Rape will be considered stricter offence under section 64 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for minimum 10 years + fine (both) instead of imprisonment for minimum 7 years under section 376 of IPC, 1860
169. For sexual intercourse by dishonest means or false promise to marry (any) – Sec. 69
(i) Sexual intercourse by dishonest (deceitful) means or false promise to marry (any) will be considered offence under section 69 of BNS Bill, 2023.
(ii) Also will be punishable with imprisonment for maximum 10 years + fine (both)
170. For Crimes against women + children + transgender (all) – Section 69
- (i) Crimes against women + also children (both) will be considered offence under section 69 of BNS Bill, 2023
- (ii) Also will be punishable with imprisonment for maximum 10 years + fine (both)
171. For Gang rape – Section 70
(i) Gang rape with women below 18 years of age will be considered offence under section 70 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for minimum 20 years or life imprisonment + fine (both)
172. For Mob lynching – Section 101(2)
(i) Mob lynching will be considered offence under section 101(2) of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for minimum 7 years or life imprisonment + fine (both)
173. For terrorism + terrorist activity (both) – Section 111
- Terrorism + also terrorist act (both) will be considered offence under section 111 of BNS Bill, 2023
174. For illicit intercourse with boy or girl below 18 or 21 years age – Section 139
(i) Illicit intercourse with boy or girl below 18 or 21 years age will be considered offence under section 139 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for maximum 10 years + fine (both)
175. For sedition removed except danger for sovereignty + etc. of India – Sec. 150
(i) Sedition laws will be removed except danger for India’s sovereignty + unity + also integrity (all) will be considered offence under section 150 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for maximum 7 years + fine (both) under section 150 of BNS Bill, 2023
176. Meaning for sedition removed except danger for sovereignty + etc.– Sec. 150
(i) Beside existing sedition laws will be removed under section 150 of BNS Bill, 2023
But
(ii) Criminalization of any act which exciting or attempting to excite secessionist activities or encourages feelings of separatist activities will be considered offence under section 150 of BNS Bill, 2023
177. For violating legal obligations by public servant – Section 200
(i) Violating legal obligations through conducting trade by public servant will be considered offence under section 200 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for maximum 1 year or fine or both or community service (any)
178. For snatching – Section 302
(i) Snatching will be considered offence under section 302 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for maximum 3 years + fine (both)
179. For defamation – Section 354
(i) Defamation will be considered offence under section 354 of BNS Bill, 2023
(ii) Also will be punishable with imprisonment for maximum 2 years + fine (both)
180. Meaning for not yet prescribed for community service
(i) Definition is not yet prescribed for community service therefore potential chances for creating disputes against sentences under community services
(ii) Its suggested that govt. should issue proper guidelines for community service.
181. Meaning for not covering man + transgender for rape + sexual intercourse (all)
- BNS Bill, 2023 + IPC, 1860 (both) not covering man + transgender for rape + also sexual intercourse beside Criminal law amendment bill which was introduced as private member’s bill in 2019 to make Indian criminal laws as gender natural
Conclusion
The Replacement of the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act with the Bharatiya Nyaya Sanhita represents a monumental reform effort in India’s legal system. By addressing historical legacies, modernizing legal structures, and introducing new provisions, the BNS seeks to strengthen the rule of law, enhance access to justice, and uphold fundamental rights. As India embraces this transformative change, it sets a precedent for legal innovation and adaptability in the pursuit of a fairer and more equitable society. Through comprehensive reforms and a commitment to legal excellence, the BNS heralds a new era of legal efficacy and societal progress in India.
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(Author can be reached at email address satishagarwal307@yahoo.com or on Mobile No. 9811081957)
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