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

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The document provides an overview of key amendments, additions, and deletions made in the Bhartiya Nyaya Sanhita 2023 (BNS) criminal law code compared to the Indian Penal Code (IPC). Some key changes include: 1. Definitions and general explanations were rearranged and consolidated. 2. New punishments like community service were added, while others like solitary confinement were retained despite being unconstitutional. 3. Offences against women and children were consolidated into a single chapter. Marital rape exception was modified. 4. Sections on abetment, conspiracy, and attempt were rearranged without changes. 5. Section 377 IPC on un

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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

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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 format modified without changing the 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 format modified without changing the 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 consolidated in section 122 BNS • 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 consolidated in section 137 BNS • 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 consolidated in section 191 BNS • Sections 159 and 160 IPC relating to affray consolidated in section 194 BNS • Section 154 to 156 IPC relating to rioting consolidated in section 193 BNS • 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 consolidated in section 319 BNS • 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 consolidated in section 341 BNS • 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
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