Bharatiye Nyaye Sanhita 2023 - comparison with the Indian Penal Code, 1860

Bhartiya Nyaya Sanhita 2023:
Amendments, Additions & Deletions
A
Presentation
By
Dr. Deipa Singh Singh

Introduction
• MHA constituted a committee to recommend reform in 3
criminal laws in 2020.
• Committee submitted its report on 27 February 2022
• MHA gave the report to a group to study it and prepare draft of
the new legislation.
• The Draft bills were introduced in the bill in August 2023. the
Bills were referred to the Parliamentary Committee for study
and suggest amendments.
• The Parliamentary committee submitted its report in
November to the Parliament.
• The bills were passed by both the houses of Parliament on 25
December. The Acts were published in the Official Gazette on
25 December 2023.
• The date of operation has not been notified so far.

Introduction
• BNS notified on 25 December 2023, Commencement not
notified yet.
• BNS has 20 Chapters and 358 sections ( IPC 23 Chapters
& 511 Sections
• IPC sections consolidated, modified and rearranged for
the sake of brevity & clarity, hence, numbering changed
• Sections rearranged to define crimes of same genus
together in one section along with definition and
punishment for different variants
• Some new provisions, which were not there in IPC,
included in BNS
• Provisions of IPC, rendered unconstitutional by SC,
deleted
• IPC provisions, which became redundant deleted.

.
• Law of crimes modified keeping in view the call for
gender justice, protecting children’s rights, national
security & unity and integrity
• Amount of fine rationalised

1
• Sections 1 to 5 of the IPC containing provisions relating
to title, extent of operation, punishment of offences
committed in India and beyond India , extra territorial
jurisdiction and laws not affected by the code, are
consolidated as section 1 of the BNS

2
Extra territorial & across nationality Jurisdiction
• The provision in section 4(3) IPC has been renumbered as
section 1(5)(c) to punish offence committed by any person
without and beyond India of targeting a computer resource
located in India

3
General Explanations rearranged
• Sections 6 to 52 A of IPC in Chapter II
titled as “General Explanations”, which
contains definitions and general explanation
of various terms, phrases and concepts used
therein, have been split in two different
segments in the BNS;
• Definitions have been rearranged in
alphabetical order under one section 2 of the
BNS, whereas,
• General Explanations have been
consolidated in section 3 of the BNS titled as
“General Explanations”.

4
Definition of “document” modified
• Section 2(8) BNS ( S.28 IPC) modified to
include “electronic and digital record” in the
definition of “document”

5
Definition of “gender” expanded
• Definition of gender in section 2(10) BNS ( S. 8 IPC)
modified to include transgender as a person
• (10) “gender”.—The pronoun “he” and its
derivatives are used of any person, whether male,
female or transgender.

6
General Explanations in S.3 BNS corresponds to IPC
provisions contained in chapter II
• Section 3(1) BNS - ( S. 6)
• Section 3(2) BNS - ( S. 7)
• Section 3(3) BNS - ( S 27)
• Section 3(4) BNS - ( S. 32)
• Section 3(5) BNS - ( S. 34)
• Section 3(6) BNS - ( S. 35)
• Section 3(7) BNS - ( S. 36)
• Section 3(8) BNS - ( S. 37)
• Section 3(9) BNS - ( S. 38)

7
Punishment
Punishments were listed in chapter III of the IPC
(sections 53 to 75), whereas, the chapter is
renumbered as chapter II (sections 4 to 13), with
some deletion and modifications.
One new punishment “community Service”
has been added in the list; at the same time
some irrelevant provisions have been
omitted.
The term community service left undefined

contd.
• Sections 53A, 58, 59 of the IPC, having reference to the
offence of “transportation for life”, have not been
included in the BNS, being irrelevant.
• Section 55A of the IPC, defining “appropriate
government” in the context of commutation of sentence
is not included in BNS, being redundant
• Sections 54 and 55 IPC, relating to commutation of
death sentence and life imprisonment respectively,
have been consolidated in one section 5 BNS, giving
reference to section 474 BNSS dealing with
commutation of sentence.
• Section 56 IPC having reference to sentence of
European and American penal servitude omitted
• Sections 61 and 62 IPC in reference of “forfeiture of
property” are not included in BNS, being redundant.

8
Solitary Confinement
• Provisions relating to solitary confinement
contained in sections 73 and 74 IPC have been
retained as it is in section 11 BNS
• This retention is undesirable as “ solitary
confinement” has been declared unconstitutional by
the SC in a number a cases.
• Sunil Batra V Delhi Administration
• Unni Krishnan and ors. V state of AP

Cont.
• Provisions relating to fine, contained in sections 63
to 69 IPC have been consolidated in one section 8
BNS, ( reg. consequences of non-payment of fine)
• with addition of reference to community service in
section 8(5) BNS, whereby, default in community
service is treated at par with non payment of fine in
terms of consequences.

9
General Exceptions
General Exceptions are contained in chapter
III of the BNS from sections 14 to 33; they
were described in sections 76 to 95 of the IPC
in chapter IV.
There is no change in the content of these
provisions.
The sections have been rearranged and
format modified without changing the
content

10
Right to Private Defence
Provisions relating to right to private defence
are contained in sections 34 to 44 of the
BNS; whereas, the same were described in
sections 96 to 106 of the IPC.
The contents of these provisions in both the
laws are the same.
The sections have been rearranged and
content

11
Abetment
• Sections 45 to 60 of the BNS in chapter IV
deal with the offences relating to abetment and
concealment of offences; offences relating to
abetment were contained in sections 107 to 120 of
the IPC.
• The sections have been rearranged and format
modified without changing the content
• A new section 48 has been added in the BNS,
which was not there in the IPC, criminalizing an
act, without and beyond India, of abetting the
commission of any act in India which would
constitute an offence if committed in India.

New Section Added
• A new section 48 has been added in the
BNS, which was not there in the IPC,
criminalizing an act, without and beyond
India, of abetting the commission of any act in
India which would constitute an offence if
committed in India.

12
Criminal Conspiracy
• Provisions relating to criminal conspiracy
in sections 120 A and 120 B IPC have
been consolidated under one section 61 of
the BNS.
• There is no change in the content
• The sections have been rearranged and
content

14
Attempt
• Where attempt to commit an offence has
not been defined as a separate substantive
offence, it was punishable under section 511
IPC; the section has been renumbered as
section 62 in the BNS with no change in the
content

15
Offences Against Women and Children
1. All offences against women scattered at different
places in the IPC have been brought together in
the BNS under one chapter, from sections 63 to
92;
2. The sections have been rearranged and format
modified, except change in marital rape related
provision
3. Rape – S. 63 BNS ( S. 375 IPC) – Exception 2
4. that sexual intercourse by a man with his own wife, wife being
under 18 years of age is rape (Exception 2 to section 63 BNS)

Comparison of sections
• Punishment for different variants of rape described in
sections 376 is reiterated in section 64 BNS as it is
• Section 376 A IPC, relating to punishment for causing
death or resulting in vegetative state of victim has been
included in section 66 of the BNS
• Sections 376 AB IPC reiterated in section 65(2) BNS
• Section 376(3) IPC included as section 65(1) BNS
• Section 376 B IPC reiterated in section 67 BNS
• Section 376 C IPC, now becomes section 68 BNS
• Section 376 D, 376DA & 376DB IPC is consolidated
section 70 BNS
• Section 376 E becomes section 71 BNS

Disclosure of identity of rape victim
• Section 228A IPC becomes section 72 BNS punishing
disclosure of identity of rape victim, except-
- with the permission of OIC making investigation
- with authorization from victim in writing
- with the authorization of next of kin if victim is dead,
child or of unsound mind given to chairman/secretary
of a welfare organization
- Section 228(3), relating to printing or publishing matters
relating to proceedings in rape cases without
permission of court becomes section 73 BNS

New section 69 BNS added
• S. 69- Sexual intercourse by employing deceitful means,
etc.—Whoever, by deceitful means or by making promise
to marry to a woman without any intention of fulfilling
the same, has sexual intercourse with her, such sexual
intercourse not amounting to the offence of rape, shall be
punished with imprisonment of either description for a
term which may extend to ten years and shall also be liable
to fine.
• Explanation.—“deceitful means” shall include
inducement for, or false promise of employment or
promotion, or marrying by suppressing identity.

Section 377 IPC- Unnatural Offence
Section 377 IPC, which criminalised
unnatural sex offences not included in
the BNS

Bharatiye Nyaye Sanhita 2023 - comparison with the Indian Penal Code, 1860

Unanswered questions
•What about bestiality?
•What about non-consensual
homosexual act?

16
Criminal force and Assault Against Women
• Sections 354 to 354 D IPC have been included in BNS from sections 74 to
78 as follows-
• Outraging modesty of a woman- S. 354 IPC is S. 74 BNS
• Sexual Harassment - S. 354 A IPC is S. 75 BNS
• Assault with intent to disrobe – S. 354 B IPC is S. 76 BNS
• Voyeurism - S. 354 C IPC is S. 77 BNS
• Stalking - S. 354D IPC is S. 78 BNS
• Words, gestures and insult to outrage modesty- S.509 IPC is S. 79
No Change in the contents of these sections

17
Adultery is not an offence
- S 497 IPC relating to adultery removed from BNS
- Justice Nariman, and Indu Malhotra, in its landmark
judgment Joseph Shine v. Union of India (2018), held
that adultery is not a crime and struck it off the IPC. It,
however, clarified that adultery would continue to remain
a civil wrong and a valid ground for divorce.
- Parliamentary Committee of MHA recommended inclusion
of Adultery as offence in BNS
- Adultery should have been made gender neutral. And the
discriminatory provision should have been removed

18
Causing Miscarriage
• Sections 312 to 316 IPC are
included as sections 88 to 92 BNS
• There is no change in the content
of these section in the new law,
except minor rearrangement

19
Offences relating to marriage
• In the same chapter V of BNS, sections 80 to 87 offences
relating to marriage have also been included under a sub
heading;
• Dowry death- S.80 BNS – S.304B IPC
• Cohabitation deceitfully under belief of marriage
• S.81 BNS – S 493 IPC
• Marriage during life time of spouse- S 82 BNS-
• Fraudulent marriage ceremony – S 83 BNS- S 494/495 IPC
• Enticing/taking away married woman – S 84 BNS- S 498 IPC
• Cruelty by husband/relative – S 85/86 BNS – S 498A IPC
• Kidnapping to compel marriage –S,87 BNS – S 366 IPC
No change in the contents, rearrangement is there

20
Offences Against Children
• Offences against Children contained at different places in the IPC
have been consolidated in Sections 93 to 99 BNS, new section 95
BNS added, scope of S.96 BNS expanded
• Abandonment of child below 12- S. 93 BNS is S. 317 IPC
• Concealment of birth – S. 94 BNS is S 318 IPC
• Hiring/ employing a child for committing crime – S 95 BNS is new
• Procuration of child- S 96 BNNS was S 366A in IPC titled
Procuration of girls. Scope of this section expanded to include boy
• Kidnapping a child to steal from his person- S 97 BNS is S 369 IPC
• Selling child for prostitution – S 98 BNS is S 372 IPC
• Buying child for prostitution – S 99 BNS is S 373 IPC

New section Added – S. 95 BNS
• 95. Hiring, employing or engaging a child to commit an
offence.—Whoever hires, employs or engages any child to
commit an offence shall be punished with imprisonment of
either description which shall not be less than three years but
which may extend to ten years, and with fine; and if the
offence be committed shall also be punished with the
punishment provided for that offence as if the offence has
been committed by such person himself.
• Explanation.—Hiring, employing, engaging or using a
child for sexual exploitation or pornography is covered
within the meaning of this section.

21
Offences relating to Human Body
• Offences affecting human body are contained in one chapter
VI of the BNS from sections 100 to 146; these offences were
included in the IPC under different headings at several places.
• The offences are further clubbed under sub-headings,
namely, offences affecting life, organised crimes, petty
organised crimes, terrorist act, hurt, wrongful restraint and
wrongful confinement, criminal force and assault, kidnapping,
abduction, slavery and forced labour.
• The offence of trafficking of person has also been described
in this chapter.
• Newly defined crimes of organised crimes, petty
organised crimes and terrorist act included in this chapter.
• The offence of Thugee described in section 310 IPC and
made punishable in section 311 IPC has been omitted
from the new code.

New Provisions Added- Organized Crime
• New section 111 BNS added to define organized crime as
continuing unlawful activity
• including offences relating to kidnapping, robbery, vehicle
theft, extortion, land grabbing, contract killing, economic
offences, cyber-crimes, trafficking of persons, drugs,
weapons or illicit goods or services, human trafficking for
prostitution or ransom
• By any person or group of persons
• Acting in concert, singly or jointly, as member of
syndicate or on their behalf

. • Continuing unlawful activity defined as activity relating to
Cognizable, offences punishable with 3 or more than 3 years
imprisonment and for which cognizance has been taken by
court in more than one cases in last 10 years and includes
economic offences
• Punishment minimum five years to life imprisonment
• Punishment for harbouring and concealing a person is
minimum of 3 years and up to life imprisonment, spouse can
not be prosecuted for harbouring or concealing
• Possessing property derived from organised crime
punishable minimum 3 years , extending up to life
imprisonment.

22
New section Added – Petty Organized Crime
• Section 112 added.
• Petty organized crimes include act of theft,
snatching, cheating, unauthorized selling of tickets,
unauthorized betting and gambling, selling of
public examination question papers or any other
similar criminal act
• Selling of public examination question paper-
ambiguous
• Punishment- minimum 1 year to 7 years

23
New section Added- Terrorist Act
• Section 113
• Terrorist Act means-
“ Whoever does any act with the intent to threaten or likely to
threaten the unity, integrity, sovereignty, security, or economic
security of India or with the intent to strike terror or likely to
strike terror in the people or any section of the people in India or
in any foreign country”
- graded punishment, extending up to death and life sentence
- Being member, organising camps, harbouring, possessing
property derived from terrorist act criminalised
Explanation- only SP and above rank officer authorised to order
registration of case under this section

24
Provisions relating to rash and negligent act modified
Section 304 A IPC becomes S 106 BNS, as under-
(1) Whoever causes death of any person by doing any rash or negligent
act not amounting to culpable homicide, shall be punished with
imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine;
and if such act is done by a registered medical practitioner while
performing medical procedure, he shall be punished with
imprisonment of either description for a term which may extend to two
years, and shall also be liable to fine.
(2) Whoever causes death of any person by rash and negligent driving
of vehicle not amounting to culpable homicide, and escapes without
reporting it to a police officer or a Magistrate soon after the incident,
shall be punished with imprisonment of either description of a term
which may extend to ten years, and shall also be liable to fine.

25
Provision relating to attempt to murder by a lifer
• Provisions contained in section 307 IPC
renumbered as section 109 BNS with some
modification in the punishment.
• In 109 BNS, if the offence is committed by a
lifer, punishment includes death or life
imprisonment till remainder of life, whereas, in
307 IPS it was death only.

Attempt to commit suicide- S.309 IPC
• State of Maharashtra V. Maruti Sripati Dubal(1986) 88 Bom LR
589, Bombay HC declared section 309 IPC unconstitutional
includes right not to live.
• The Andhra Pradesh High court in Chenna Jagdeshwar V. State
Pradesh (1988) cr LJ 549 held that section 309 IPC is not
unconstitutional.
• These two different views of the High courts was settled by a
apex court in P. Rathinam V. Union of India (1994) 3 SCC 394,
held that views expressed by the Bombay High Court in State
Maruti Sripati Dubal (1986) 88 Bom LR 589 is right

.
• Supreme Court in Gian Kaur V. State of Punjab (1996) 2 SCC 648 held
that right to die under Article 21 of the constitution does not include right to
die or right to be killed
Justice J.S Verma observed: Right to life is a natural right embodied in Article
21 but suicide is an unnatural termination or extinction of life and
incompatible and inconsistent with the concept of right to life.

.
• So , no bar on registration of FIR and investigation.
• Section 115(1) MH ACT 2017 created a presumption
in favour of accused that he was under stress and
needed treatment. The prosecution is well within
their right to dis-approve the presumption.
• In BNS, section 309 IPC has been decriminalized.
• What if the accused belie the presumption of stress
by his conduct ?

26
Attempt to Commit Suicide – New Provision
• Provisions contained in section 309 has not been included in the
BNS
• However a new section 226 BNS has been added to punish those
who attempt to commit suicide to browbeat public servants
“226. Attempt to commit suicide to compel or restrain
exercise of lawful power.—Whoever attempts to commit suicide
with the intent to compel or restrain any public servant from
discharging his official duty shall be punished with simple
imprisonment for a term which may extend to one year, or with
fine, or with both, or with community service”.
•

27
Thuggee removed from the list of offences
• S 310 and 311 IPC which relate to
definition of Thug and punishment for
Thuggee have not been included in the
BNS

28
Provisions Relating to Hurt
• Sections 319 to 338 IPC have been consolidated, modified and
rearranged in sections 114 to 125 of the BNS
• Punishment for causing grievous hurt in section 325 IPC has been
modified in sections 117 BNS and graded punishment has been
prescribed.
• A new provision in section 117(3) BNS has been added for causing
grievous hurt resulting in permanent disability or persistent
vegetative state
“(3) Whoever commits an offence under sub-section (1) and in the course of
such commission causes any hurt to a person which causes that person to be
in permanent disability or in persistent vegetative state, shall be punished
with rigorous imprisonment for a term which shall not be less than ten years
but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life.

New Provision added a S. 117(3)
• A new provision in section 117(3) BNS has been added for causing
grievous hurt resulting in permanent disability or persistent
vegetative state
“(3) Whoever commits an offence under sub-section (1) and in the
course of such commission causes any hurt to a person which
causes that person to be in permanent disability or in persistent
vegetative state, shall be punished with rigorous imprisonment for
a term which shall not be less than ten years but which may
extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life.

29
New Provision relating to mob violence .
• A new provision in section 117 (4) BNS has been added to punish mob
violence-
• (4) When a group of five or more persons acting in concert, causes
grievous hurt to a person on the ground of his race, caste or
community, sex, place of birth, language, personal belief or any
other similar ground, each member of such group shall be guilty of
the offence of causing grievous hurt, and shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
• What was the need ? It is being linient to them.
• Mob violence is rioting plus causing Grievous hurt, punishable
with punishment for rioting and grievous hurt which is more
than this punishment

30
• Section 324 and 326 IPC consolidated in section 118(2) BNS
• Sections 326 A and 326 B relating to acid attack consolidated in sections
124(1) and 124(2) BNS
• Sections 327 and 329 IPC consolidated in section 119 BNS
• Section 330 and 331 IPC relating to causing hurt for extorting confession
are consolidated in section 120 BNS
• Section 332 and 333 IPC relating to causing hurt to deter a public servant
consolidated in section 121 BNS
• Section 334 and 335 IPC relating to causing hurt/ GH on provocation
• Section 336, 337 and 338 endangering life and safety, and causing hurt/GH
have been consolidated in section 125 BNS

31
Wrongful restraint and wrongful confinement
• Sections 339 and 341 IPC consolidated in section 126
BNS, relating to wrongful restraint
• Sections 340 and 342 to 348 IPC consolidated in
section 127 BNS, relating to confinement and
different variants of confinement

31
Provisions relating to Force and Assault
• Provisions relating to force and assault contained in
sections 349 to 358 IPC have been consolidated and
rearranged in sections 128 to136 of the BNS with
some modifications.
• Offences contained in sections 354 to 354 D IPC,
relating tp outraging modesty of a woman have been
shifted to the Chapter relating to crime against
women in the BNS

32
Kidnapping, Abduction, Slavery and Forced labour
• Sections 359, 360 and 361,363, relating to kidnapping have been
• Section 364, 364 A and 365, 367 IPC, relating to kidnapping for
murder and ransom and other variants of kidnapping have been
consolidated in section140 BNS
• Section 366 and 366A relating to kidnapping of woman for
compelling her to marry and procuration of girls have been
shifted to chapter of crime against woman in the BNS
• Section 366 B IPC relating to importation of girls from foreign
country have been modified to include boys also in its scope
and described in section 141 BNS
• Section 369, 372 and 373 IPC relating to kidnapping a child to
steal from his person and buying and selling minors for
prostitution has been shifted to the offences against children
chapter in the BNS

33
Offences Against the State
• Chapter VII of the BNS (sections 147 to 158) includes
offences relating to crimes against the state; these
offences were listed in chapter VI of the IPC
• Sedition under section 124 A of the IPC has been
omitted but a new section 152 of the BNS as “act
endangering sovereignty, unity and integrity of India
added
• Sedition was an offence against government established
by law (Rajdroh), it is now converted into offence against
sovereignty, unity and integrity of India ( Deshdroh)
• Ingredients remaining almost the same; however, the
scope of the section has been expanded and
punishment enhanced.

.
• Section 124 A – Whoever, by words, either spoken or written,
or by signs, or by visible representation, or otherwise, brings
or attempts to bring into hatred or contempt, or excites or
attempts to excite disaffection towards the government
established by law in India---3 years imprisonment.
• Section 152 BNS – New section added titled as “ Act
Endangering Sovereignty, Unity and Integrity of India” ---
whoever, purposely or knowingly, by words, either spoken or
written, or by signs, or by visible representation, or by
electronic communication or by use of financial mean or
otherwise, excites or attempts to excite, secession or armed
rebellion or subversive activities or encourages feeling of
separatist activities or endangers sovereignty or unity and
integrity of india or indulge in or commits any such act--- 7
years imprisonment

34
Offences Relating to the Army, Navy and Air Force-
These offences were given in chapter
VIII of the IPC; now they are included
in chapter VI of the BNS from sections
159 to 168.

35
Offences Relating to Elections
• Sections171A to 171 I of the IPC,
containing offences relating to elections
have been included in chapter IX of the
BNS in sections 159 to 177; the offences
remain unchanged so far as ingredients
are concerned

36
Offences Relating to Coin, Currency-Notes,
Bank -Notes, and Government Stamps
• Chapter XII of the IPC contains offences
relating to coins and government stamps only;
the scope of this chapter has been
expanded by including currency-notes and
bank-notes in its domain and renumbered as
chapter X in the BNS, from sections 178 to
188.
• Some new sections have been added and
rearranged, some sections consolidated and
some other modified

37
Offences Against the Public Tranquillity
• These offences are included in chapter XI of the
BNS, from sections 189 to 197; the same provisions
were contained in chapter VIII of the IPC in sections
141 to 160. The main ingredients almost the same
but the provisions have been rearranged,
consolidated, deleted, added
• Sections 141 to 145, 150,151,157 and 158 IPC,
relating to unlawful assembly consolidated in
section 189(1) to 189(9) BNS
• Sections 146 to 148 IPC, relating to rioting
• Sections 159 and 160 IPC relating to affray
• Section 154 to 156 IPC relating to rioting
• Section 153 AA relating to carrying arms in
procession, taking part in mass drill and
training with arms omitted in BNS

38
New Provision relating to making or publishing
false or misleading information
• 197. Imputations, assertions prejudicial to national
integration. ( section 153 B (IPC)—(1) Whoever, by words
either spoken or written or by signs or by visible
representations or through electronic communication or
otherwise.
• Following new provision added- ( harmful forwards)
“ (d) makes or publishes false or misleading information,
jeopardising the sovereignty, unity and integrity or
security of India, shall be punished with imprisonment
which may extend to three years, or with fine, or with
both.

39
Offences by or relating to public servants
Such offences are included in chapter XII of
the BNS, from sections 198 to 205; these
provisions were contained in chapter IX of the
IPC from sections 161 to 171. The contents of
the offences in both the laws are the same.

40
Contempt of the Lawful Authority of Public Servants
• Chapter XIII of the BNS contains offences relating to
contempt of the lawful authority of public servants,
from sections 206 to 226; such offences were included
in sections 172 to 190 of the IPC in chapter X.
• A new section 226 has been included in the BNS to
punish those who attempt to commit suicide to
compel or restrain exercise of lawful power by
public servants;
• Punishment of 6 month or fine of Rs 1000 under
section 182 IPC for giving false information increased
to 1 year or fine of Rs 10000/ in section 217 BNS
• All other offences in both the laws remain the same.

41
New provision relating to attempt to suicide
• 226. Attempt to commit suicide to compel or
restrain exercise of lawful power.—
• Whoever attempts to commit suicide with the
intent to compel or restrain any public servant
from discharging his official duty shall be
punished with simple imprisonment for a term
which may extend to one year, or with fine, or
with both, or with community service.

42
False Evidence & Offences Against Public Justice
• Offences given in sections 227 to 269 of the BNS in
chapter XIV, deals with crimes relating to False Evidence
and Offences Against Public Justice; these offences were
included in sections 191 to 229 A of the IPC.
• These offences are almost similar in both the laws, except
changes in quantum of punishment in some sections,
especially in section 248 BNS relating to false charge
of offence and section 267 BNS relating to insult to
public servant sitting in judicial proceeding
• Section 228A IPC relating to disclosure of identity of
women victim shifted to chapter dealing with crime
against women in section 72 and 73 of the BNS

43
Offences Affecting the Public Health, Safety,
Convenience, Decency and Morals
• These offences are contained in sections
270 to 297 of the BNS under chapter XV;
the same crimes are included in chapter
XIV of the IPC, from sections 268 to 294A.
The contents of both the laws are similar,
except that the amount of fine revised
in some sections.

44
Offences Relating to Weight and Measures-
• The chapter XIII of the IPC titled as “Of
Offences Relating to Weight and Measures”
has been omitted from the BNS and these
offences are defined elsewhere under the
relevant special laws.

45
Offences Relating to Religion
• These offences from sections 295 to
298, contained in chapter XV of the
IPC have been included in chapter
XVI of the BNS in sections 298 to
302, contents remaining the same.

46
Offences Against Property-
• Chapter XVII of the BNS, from sections 303 to 334,
deals with offences against property, which were
included in IPC in sections 378 to 462
• Offences under this chapter as contained in the IPC
have been consolidated together to keep provisions
of the same nature at one place.
• Some new provisions have been added in some
sections
• A new offence titled as “snatching” has been
defined in section 304 BNS

47
New Provisions Regarding Theft
• Sections 378 and 379 of IPC, relating to definition and punishment of
theft, consolidated in section 303 BNS
• New provision added in 303(2) BNS to provide more punishment for
repeaters-
“in case of second or subsequent conviction of any person under this
section, he shall be punished with rigorous imprisonment for a term
which shall not be less than one year but which may extend to five
years and with fine”
. Proviso added to prescribe community service in following situations-
Provided that in cases of theft where the value of the stolen property is
less than five thousand rupees, and a person is convicted for the first time,
shall upon return of the value of property or restoration of the stolen
property, shall be punished with community service.

48
New offence of “ snatching” added
• 304. Snatching.—(1) Theft is snatching if, in order
to commit theft, the offender suddenly or quickly or
forcibly seizes or secures or grabs or takes away
from any person or from his possession any movable
property.
• (2) Whoever commits snatching, shall be punished
with imprisonment of either description for a term
which may extend to three years, and shall also be
liable to fine.

48
New provision relating to theft in religious
places or of government property
• In section 305 BNS, corresponding to section 380 IPC,
scope expanded to include following types of theft-
“(d) of idol or icon in any place of worship; or
(e)of any property of the Government or of a local
authority”

49
Provisions of Extortion consolidated
• Provisions relating to extortion contained in
sections 383 to 389 IPC , defining extortion and
prescribing punishment for different variants of
extortion have been consolidated in sections
308(1) to (8) BNS
• Punishment have been enhanced in some sub-
sections

50
Provisions relating to robbery consolidated
•Provisions of sections 390, 392, 393 and
394, relating to definition, attempt and
different variants of robbery have been
consolidated in section 309(1) to (6) BNS

51
Provisions relating to dacoity consolidated
• Provisions relating to definition of dacoity,
punishment for different variants of dacoity,
preparation for dacoity etc in sections 391,
395, 396, 402 and 399 IPC etc consolidated in
sections 310 (1) to (6) BNS

52
Consolidating different provisions
• Sections 405 to 408 IPC, relaying to criminal breach of trust
consolidated in section 316(1) to(5) BNS
• Sections 410 to 414 IPC relating to receiver of stolen property
consolidated in sections 317(1) to (5) BNS
• Sections 415, 417, 418 and 420 consolidated in section 318(1)
to (4)
• Sections 416 and 419 IPC, cheating by personation
• Sections 425, 426, 427 IPC relating to mischief consolidated
and modified in section 324(1) to (6) BNS, graded punishment
prescribed for causing loss of different amount
• Sections 428 and 429 IPC clubbed in section 325 BNS,
provisions rationalized and punishment enhanced from 2 to 5
years

53
Consolidation of sections
• Sections 430 to 436 IPC consolidated in section 326 (a) to (g)
BNS
• Section 437 and 438 IPC clubbed in section 327 BNS
• Sections 440 IPC clubbed as section 324(6) BNS
• Sections 441 and 442 IPC relating to criminal trespass and
house trespass clubbed In section 329 BNS
• Section 443 IPC relating to lurking house trespass and section
445 relating to house breaking clubbed in section 330.
• Offences of house breaking by night omitted from BNS
(446IPC) and lurking house trespass by night (444 IPC ) not
included in BNS
• Sections 452 to 460 , prescribing punishment for different
varients of house trespass, house breaking have been
consolidated in section 333 (1) to (8)
• Sections 461 and 462 IPV clubbed in section 334 BNS

52
Offences Relating to Documents and to Property Mark
• Chapter XVIII of the BNS, containing sections from
sections 335 to 350, describes offences relating to
documents and property marks; similar provisions
were included in chapter XVIII of the IPC also.
• These sections have been rearranged and
consolidated in the new code.
• Sections 463, 465, 468, 469 IPC consolidated in
section 336(1) to336(4) BNS
• Sections 470 and 471 IPC, relating to forging
electronic record and using it consolidated in
section 341 BNS
• Section 472 and 473 IPC, relating to counterfeit seal
• Sections 475 , 476 IPC , relating to counterfeit device
or mark consolidated in section 342 BNS

53
cont.
• offences in IPC sections 479, 481 and 482, relating to
property mark are consolidated in section 345 BNS
• In sections 489A to 489 D IPC, relating to counterfeiting
of currency notes and bank notes, in corresponding
sections in BNS 178 to 181, coins and stamp have been
included in its scope

54
Criminal Intimidation, Insult, Annoyance,
Defamation, etc
• Chapter XIX of the BNS, containing sections 351 to 357,
deals with offences relating to Criminal Intimidation,
Insult, Annoyance, Defamation, etc.; these offences were
included in sections 499 to 510 of the IPC in chapters
XXI and XXII.
• Provisions relating to criminal intimidation contained in
sections 503, 507, 507 IPC consolidated in section 351 (1)
to (4) BNS
• Sections 509 and 511 IPC have been shifted to other
chapters in BNS as section 79 and 62 respectively.

55
Defamation
• Sections 499 to 502 IPC relaing to defamation
consolidated in section 356(1) to (4), without
any change
• Section 491 of IPC relating to breach of contract
to attend on and supply wants of helpless
persons shifted in this chapter as section 357
BNS

Bharatiye Nyaye Sanhita 2023 - comparison with the Indian Penal Code, 1860

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