| S.NO | BNS sections | IPC Sections | Particulars |
| Applicability, definitions, and interpretation of the BNS |
| | Section 1 | Sections 1 to 5 | The applicability of BNS is mostly similar to the provisions of the IPC. |
| | Section 2 | Sections 6 to 52A | The BNS has consolidated and provided all the definitions for the terms used therein under Section 2. BNS also defines terms such as “child”, “transgender”, etc. which were undefined under the IPC. A “child” has been defined as any person below the age of eighteen years. Further, “transgender” has been defined to have the same meaning as under Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019. Definition of “India” under Section 18 of IPC has been removed under the BNS, which defined India to exclude the State of Jammu and Kashmir. Section 2(39) also consolidates all the definitions borrowed from the Information Technology Act, 2000 (“IT Act”) in the IPC, and provides that all word and expressions used but not defined in BNS, but which are defined in the IT Act, shall have the same meaning as the defined under the IT Act. |
| | Section 3 | Sections 6, 7, 27, 32, 34 to 38 | Section 3 provides the general explanation on the interpretation of various expressions used in the BNS. No material changes have been made while incorporating the corresponding provisions of the IPC in the BNS. |
| | | Punishments under the BNS | |
| | Sections 4 to 13 | Sections 53 to 55A, 57, 60, 63 to 75 | Section 4 of BNS, which provides the various punishments available under the statute, largely mirrors Section 53 of the IPC. BNS introduces “community service” as a punishment for certain petty offences. While no definition is given in the BNS, “community service” has been defined in the BNSS as “the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.” However, community service has been prescribed only for 6 minor offences, namely, *a public servant unlawfully engaging in trade, *nonappearance in response to a proclamation, *attempt to commit suicide to compel or restrain exercise of lawful power, *petty theft (of property less than INR 5,000/- in value) upon return of the property by a first time offender, *misconduct in public by a drunken person, and *defamation. Further, the BNS is silent on the basis of sentencing community service or term to which a person may be sentenced to community service. Section 8 of BNS embodies Sections 63 to 70 of the IPC. It provides imprisonment in cases where a person defaults in payment of fine or in community service. The monetary thresholds for the maximum fine have been enhanced in light of the enhancements in the fines across the BNS. |
| General exceptions in case of offences committed under the BNS |
| | Sections 14 to 33 | Sections 76 to 95 | These sections provide the general exceptions, whereby certain acts or acts of certain persons would not be offences under the BNS. These are broadly similar to the general exceptions under the IPC. |
| | Sections 34 to 44 | Sections 96 to 106 | These sections provide the general exception of right to private defence and are broadly similar to the provisions of the IPC. However, Sections 41 and 43 replace the word “by night” with “after sunset and before sunrise”, in relation to housebreaking and right of private defence of property |
| Inchoate offences: Abetment, Criminal Conspiracy and Attempt |
| | Sections 45 to 60 | Sections 107 to 108, 108A, 109 to 120. | These sections define and provide the punishment for abetment of an offence under the BNS. In a first, Section 48 of the BNS criminalises abetment outside India for commission of offences in India. Thus, person(s) outside India may also be held liable for abetting commission of offences in IndiaThe punishment for abetment of commission of an offence by public or by more than 10 persons has been increased to imprisonment of either description up to 7 years, and also fine. Under IPC, the punishment for the same offence was imprisonment up to 3 years, or fine, or both. |
| | Sections 61 and 62 | Sections 120A, 120B and 511 | Section 61 of BNS define and provide punishment for the offence of criminal conspiracy.Section 62 of BNS provides punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. No material changes have been made in this regard. |
| Organised crimes and terrorist acts |
| | Sections 111 to 112 | NA | For the first time, BNS has introduced “organised crime” as an offence under a central law. Until now, “organised crime” has only been governed by special legislations introduced by the states, Offence of “organised crime” requires any “continuing unlawful activity” such as kidnapping, robbery, extortion, land grabbing, contract killing, economic offences, cyber-crime, etc., by any person or group of persons acting in concert, singly or jointly, as a member of an “organised crime syndicate” or on behalf of the syndicate, by use of violence, threat of violence, intimidation, coercion or other unlawful means to obtain “direct or indirect material benefit including financial benefit”. BNS also creates another category of offence, namely, “petty organised crime” “Petty organised crime” has been defined as acts of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or other similar criminal activities, committed by person, being a member of a group or a gang. Just like “organised crime”, “petty organised crime” also suffers from ambiguity due to the use of undefined terms such as “pick pocketing”, “card skimming”, etc. Moreover, Section 112 also criminalises “other similar criminal activities”. Thus, the scope of offences covered under “petty organised crime” remains unbound. However, offences such as theft and snatching have already been criminalised under BNS. Therefore, the interplay of Sections 112, 303 and 304 will have to be seen. |
| | Section 113 | NA | Section 113 defines and criminalises the offence of “terrorist act”. This is the first time “terrorist act” has been criminalised in a general statute, separate from the specialised legislations such as Unlawful Activities (Prevention) Act, 1967 (“UAPA”).Explanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967. Issues of Overlap with UAPA (General Law later in time, prevails over the earlier Special Law if it clearly and directly supersedes the said Special Law, R S Raghunath v State of Karnataka 1991 SC) |
| Offences against the State |
| | Sections 147 to 158 | Sections 121 to 130 | BNS has introduced a new offence in the same vein as sedition, namely, “acts endangering sovereignty, unity and integrity of India”. The Section 124 A relating to sedition was argued to be misused and has been deleted in the BNS, 2023. Even though the Law Commision of India in it’s 279th Report has argued for retaining the provision. The Supreme Court of India, in S.G. Vombatkere v. Union of India on May 11, 2022, had directed all State governments and the central government to keep in abeyance all pending trials, appeals, and proceedings with regard to Section 124A IPC, as prima facie it felt that this Section was not in tune with the current social milieu. A new section on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has been added and made punishable under Section 152 in BNS, 2023. In this section, exciting or attempt to excite any of the acts mentioned hereinabove is made punishable with imprisonment extendable to seven years or imprisonment for life.Further, Section 152 of the BNS expands the scope of the harm. Under Section 124A of the IPC, only actions that excited or attempted to excite hatred towards the “Government established by law in India” were criminalised. However, Section 152 criminalises all actions that endanger the sovereignty or unity and integrity of India or encourages separatist activities. This expands the scope of harm from actions against the “Government established by law” to a generic reference to “India”. Section 152 also recognises electronic communication or use of financial means as acts that are criminalised under this provision. However, no thresholds have been laid out to determine what extent of electronic communication or use of financial means would attract this provision. Further, the offences against allied states of India (such as waging war or committing depredation on territories) have been expanded from commission of such offences against “Asiatic Powers” to “Government of foreign states at peace with the Government of India”. |
| Offences against public tranquillity such as unlawful assembly, rioting, affray, etc |
| | Sections 189 to 197 | Sections 141 to 153, 153A, 153B, 154 to 160 | BNS introduces an additional ground while dealing with imputations, assertions prejudicial to national integration; i.e., making or publishing false or misleading information which jeopardises the sovereignty, unity and integrity or security of India. Section 197 of the BNS includes electronic communication for commission of offences thereunder. The scope of the applicability of this provision is also uncertain, which may also impact any publisher of any such “false or misleading information”. However, its implementation and effectiveness would depend on the interpretation of what constitutes “false or misleading” information “jeopardising the sovereignty, unity and integrity or security of India”. The Bombay High Court is currently considering the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 in the case of Kunal Kamra v. Union of India. Rule 3(1)(b)(v) of these rules also refers similar phrases such as “false” and “misleading” for issuing directions for blocking of information identified by the government. |
| Contempt of lawful authority of public servants |
| | Sections 206 to 226 | Sections 172 to 174, 174A, 175 to 190 | Chapter XIII of the BNS deals with the offences relating to contempt of lawful authority of public servants. This includes offences such as absconding to avoid service of summons, omission to produce documents by persons legally bound to produce the same, furnishing false information, refusing to sign statements, etc. This corresponds to Chapter X of the IPC.One new provision has been added under this Chapter. Section 226 of BNS criminalises attempt to commit suicide to compel or restrain exercise of lawful power by a public servant. A person guilty under Section 226 shall be punished with a simple imprisonment for a term up to one year, or with fine, or both, or with community service.Other changes include enhanced punishments for offences such as in cases of absconding to avoid or preventing service of summons, non-attendance in obedience to an order from public servant, etc., where the fine amounts have increased from five hundred rupees to five thousand rupees, and one thousand rupees to ten thousand rupees, respectively.Similarly, the fines for furnishing false information, refusing oath when required by public servant and refusing to answer to public servant have from one thousand rupees to five thousand rupees. Fine for refusing to sign a statement has been enhanced from five hundred rupees to three thousand rupees.Section 209 of BNS provides alternative punishment of community service for failing to appear in response to a proclamation for absconding persons under Section 84(1) of the BNSS, in additional to the imprisonment for a term up to three years, or fine, or bothSection 217 of the BNS enhances the punishment for providing false information with intent to cause public servant to use his lawful power to cause injury to another person. The punishment has been enhanced to imprisonment of either description for a term of up to one year, or fine up to ten thousand rupees, or bothSection 221 of BNS has enhanced the punishment for the offence of obstructing public servant in discharge of public functions. The offence is now punishable with imprisonment of either description for a term up to three months, or with fine up to two thousand five hundred rupees, or with both.Section 222 of BNS embodies Section 187 of the IPC, which penalised the offence of omitting to assist public servant when bound by law to give such assistance. BNS has enhanced the fine from two hundred rupees to two thousand five hundred rupees. However, in case where such assistance has been demanded by the public servant, who is legally competent to make such demand for the purpose of executing any process issued by court or to prevent commission of the offences listed in Section 222(b), the fine has been enhanced from five hundred rupees to five thousand rupees.Lastly, Section 223 of BNS (which embodies Section 188 of IPC) has enhanced the punishment for the offence of disobeying the order duly promulgated by a public servant. The punishment has been enhanced from imprisonment up to one month or fine up to two hundred rupees, to imprisonment up to six months or fine up to two thousand five hundred rupees, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person. However, in case such disobedience causes or tends to cause danger to human life, health, safety, or causes or tends to cause a riot or affray, punishment has been enhanced from imprisonment up to six months or fine up to one thousand rupees, to imprisonment up to one year or fine up to five thousand rupees |
| False evidence and offences against public justice |
| | Sections 227 to 269 | Sections 191 to 195, 195A, 196 to 216, 216A, 217 to 225, 225A, 225B, 227 to 229, 229A | Chapter XIV of the BNS defines and provides punishments for offences against public justice, such as giving or fabricating false evidence, harbouring offenders, obtaining decrees for sum not due, etc. This corresponds to Chapter XI of the IPC.The provisions under this Chapter are largely similar to the provisions under IPC, with only enhanced punishments for various offences thereunder |
| Offences affecting the public health, safety, convenience, decency and morals |
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| Offences against property |
| | Sections 303 to 307 | Sections 378 to 382 | These sections deal with the offence of theft.The offence of theft has been defined in Section 303(1) of the BNS. Further, the punishment for theft has been consolidated within sub-section (2) of Section 303 of the BNS. Section 303(2) of BNS also provides separate punishment for second or subsequent convictions for theft. In such a case, a person shall be punished with rigorous imprisonment for a term not less than one year, but which may extend to five years with fine. Thus, BNS introduces mandatory minimum punishment for such offences. Moreover, in cases where the value of the stolen property is less than five thousand rupees, the property has been restored and the person has been convicted for the first time, they shall be punished with community service.In a first, Section 304 of BNS defines the offence of ‘snatching’. Theft would be 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.” Therefore, theft will only amount to snatching if the theft is carried out in a sudden, quick or forcible manner. Any person found guilty of snatching shall be punished imprisonment of either description for a term up to three years and shall also be liable for a fineSection 305 of BNS has also enhanced the scope of the offence of theft in a dwelling house by including “means of transport or place of worship” |
| | Section 308 | Sections 383 to 389 | Section 308 of BNS has consolidated all the provisions relating to the offence of extortion. Section 308(1) of BNS defines the offence of “extortion”. Additional illustration (e) has been added. Illustration (e) provides an example of extortion through electronic messages, to bring the definition of the offence up to date with the latest technologies. Section 308(2) of BNS provides the punishment for the offence of extortion. The punishment has been enhanced to imprisonment of either description for a term up to seven years, or fine, or both. |
| | Sections 309 to 313 | Sections 390 to 402 | These sections have consolidated the various provisions in relation to robbery and dacoity. Section 310(3) of BNS has enhanced the punishment for dacoity with murder to death, or imprisonment for life, or rigorous imprisonment for a term not less than ten years, and also fine. Thus, BNS introduces mandatory minimum punishment for such offences. |
| | Sections 314 to 315 | Sections 403 to 404 | These sections deal with the criminal misappropriation of property. Section 314 of BNS has enhanced the punishment for dishonest misappropriation of property to imprisonment of either description for a term not less than six months, but may extend up to two years, and fine. Thus, BNS introduces mandatory minimum punishment for such offences.No other material changes have been made to these provisions |
| | Section 316 | Sections 405 to 409 | Section 316 of BNS has consolidated all the provisions relating to the offence of criminal breach of trust. The punishment for criminal breach of trust has been enhanced to imprisonment of either description for a term up to five years, or fine, or both. |
| | Section 317 | Sections 410 to 414 | Section 317 of BNS has consolidated all the provisions for the offences relating to stolen property. Section 317(1) of BNS has added the offence of cheating as one of the methods of acquiring a stolen property, in addition to theft, extortion and robbery. No other material changes have been made to these provisions. |
| | Sections 318 to 319 | Sections 415 to 420 | These sections deal with the offence related to cheating. Section 318(2) of BNS enhances the punishment for cheating to imprisonment of either description for a term up to three years, or fine, or both. Similarly, Section 318(3) of BNS enhances the punishment for cheating with knowledge that wrongful loss may be caused to the person whose interest the offender is bound to protect. The enhanced punishment is imprisonment of either description for a term up to five years, or fine, or both.Section 319 of BNS deals with the offence of cheating by personation. Section 319(2) of the BNS enhances the punishment for cheating by personation to imprisonment of either description for a term up to five years, or fine, or both. No other material changes have been made to these provisions. |
| | Sections 320 to 323 | Sections 421 to 424 | These sections deal with the offences relating to fraudulent deeds and disposition of property. Section 320 of BNS has enhanced the punishment for the offence of dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. The enhanced punishment is imprisonment of either description for a term not less than six months, but which may extend up to two years, or fine, or both. Thus, BNS introduces mandatory minimum punishment for such offences. The punishments for dishonest or fraudulent execution of deed of transfer containing false statement of consideration and dishonest or fraudulent removal or concealment of property have been enhanced from a term of imprisonment from up to two years to three years, in addition to fine. No other material changes have been made to these provisions |
| | Sections 324 to 328 | Sections 425 to 440 | These sections deal with the offences relating to mischief. Section 324 defines and provides the punishment for mischief. The punishment has been enhanced to imprisonment of either description for a term up to six months, or fine, or both.Section 324(3) adds a new provision and provides punishment for committing mischief and thereby causing loss or damage to any property including property of Government or Local Authority. Any person found guilty under Section 324(3) shall be punished with imprisonment of either description for a term up to one year, or fine, or both.Sub-sections (4) and (5) of Section 324 of the BNS provide for the revised monetary threshold of the loss and damage to property caused by mischief for ascertaining the punishmentSection 326 of BNS consolidates various provisions under IPC that dealt with mischief by injury, inundation, fire or explosive substance, etc. Section 326(f)of BNS has removed the monetary threshold in relation to the property subject to mischief. Section 435 of IPC provided punishment only in relation to mischief causing damage to any property to the amount of one hundred rupees or upwards, and in case of agricultural produce, ten rupees or upwards. |
| | Sections 329 to 334 | Sections 441 to 443, 445, 447 to 462 | These sections deal with the offences relating to criminal trespass. Section 329 has consolidated the provisions on criminal trespass, house-trespass and the punishment for criminal trespass176 and house-trespass. Section 329(3) has enhanced the punishment for criminal trespass to imprisonment of either description for a term up to three months, or fine up to five thousand rupees, or both. Similarly, Section 329(4) has enhanced the punishment for house trespass to imprisonment of either description for a term up to one year, or fine up to five thousand rupees, or both. Section 330 of BNS defines lurking house-trespass and house breaking. The term “night” in Section 331 in relation to house-trespass and house breaking have been replaced with “after sunset and before sunrise”. |
| Criminal intimidation, insult, annoyance, defamation, etc. |
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