BNS vs IPC: Section Mapping, New Offences and Transition Rules

The Indian Penal Code, 1860 has not vanished from the law books. It still governs offences committed before 1 July 2024. That single fact explains most of the confusion between the old and new codes, and it is the first thing a judiciary aspirant should fix in mind.

The dates that matter

•        The IPC was enacted in 1860 and came into force on 1 January 1862.

•        The Bharatiya Nyaya Sanhita (BNS) was enacted on 25 December 2023.

•        The BNS came into force on 1 July 2024.

What changed in the structure

The IPC had 511 sections in 23 chapters. The BNS has 358 sections in 20 chapters. The article says the BNS has roughly 175 direct equivalents of IPC sections, about 75 reformulated provisions and about 25 wholly new offences.

Some structural changes to remember:

•        Offences against women and children now sit in a dedicated Chapter V (Sections 63 to 99).

•        The chapter on weights and measures was deleted, and its subject moved to the Legal Metrology Act, 2009.

•        The abetment chapter was merged with criminal conspiracy and attempt.

•        Defamation, which took two IPC sections, now takes one.

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Old number, new number

A table is the right tool here, because this is a list of pairings you will need to recall quickly. The numbers below are exactly as given in the iPleaders article. Verify each one against the bare act before using it in an answer.

Three provisions have no BNS successor. Section 497 IPC (adultery) is deleted and not revived, because it was struck down in 2018. The consensual portion of Section 377 IPC is also not revived, following the 2018 decision. Section 309 IPC (attempt to commit suicide) is described as already decriminalised in 2017 and confirmed as deleted.

New offences

The article lists these as having no IPC predecessor.

•        Section 111: organised crime. Life imprisonment or death, with a minimum fine of Rs 5 lakh.

•        Section 112: petty organised crime. One to seven years.

•        Section 113: terrorist act. Life imprisonment or death, with a minimum fine of Rs 10 lakh. The article notes it overlaps with the UAPA.

•        Section 103(2): murder by mob lynching.

•        Section 304: snatching, up to three years plus fine.

•        Section 69: sexual intercourse by deceitful means, including a false promise of marriage. Ten years plus fine.

•        Section 152: acts endangering sovereignty. Life imprisonment or seven years, with different elements from the old sedition offence.

•        Section 4(f): community service as a punishment, up to 24 hours of unpaid work for six listed offences.

A judiciary question can easily take the form: "Name two new offences introduced by the BNS and state their punishment." The list above gives you ready answers.

Punishment increases

The article groups the increases in one place. Death by negligence goes from two years to five years. Hit and run is new at ten years. Mob lynching gets a mandatory minimum of life imprisonment. For rape under sixteen, the article shows a minimum of twenty years as a new tier.

Which code applies to which case?

This is the part where students slip. The rule in the article is simple: substantive law follows the date of the offence, and procedural law follows the date of the FIR. Article 20(1) of the Constitution means no one can be punished under the BNS for an act done before 1 July 2024.

For Case B, the article names Deepu v. State of U.P., decided by the Allahabad High Court on 6 August 2024, which set up a hybrid approach. The article calls it the "Deepu hybrid".

Old cases still apply

The article says that precedents on elements carried over remain good law under the BNS. It lists Bachan Singh (rarest of rare test) and Machhi Singh (five criteria test) as continuing to guide sentencing for murder under Section 103. Virsa Singh (ordinary course of nature) continues for culpable homicide under Section 101, and Reg. v. Govinda (1876) for the line between culpable homicide and murder under Sections 100 and 101.

For adultery and consensual Section 377, the article says Joseph Shine and Navtej Singh Johar continue to hold, since the BNS has no equivalent.

The article also mentions two fresh cases on new sections. Rajnish Singh @ Soni v. State of U.P. (2025) is said to require dishonest intention from the beginning under Section 69. Tejender Pal Singh v. State of Rajasthan (2024) is said to hold that Section 152 is a shield for security and not a sword against dissent. A challenge to Section 152 for vagueness, under Articles 14 and 19(1)(a), is described as pending in the Supreme Court.

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Drafting gaps the article points out

•        Rape under Section 64 is defined in a way that leaves out non-consensual male on male rape.

•        There is no provision on bestiality.

•        Section 63 keeps the marital rape exception.

•        The age of a "child" is not uniform across the BNS, the POCSO Act and the Juvenile Justice Act.

•        Some old illustrations, such as palanquin references, remain.

These are the kind of points that a mains question on "critically examine the BNS" can use.

What stays the same

The age of criminal responsibility remains seven years (Section 20 BNS, from IPC Section 82). The extension to twelve years with an assessment of maturity is retained. The mens rea framework, the general exceptions in Chapter III and the definition of abetment carry forward.

Frequently Asked Questions

Q1. When did the BNS come into force?

On 1 July 2024. It was enacted on 25 December 2023.

Q2. How many sections does the BNS have?

358 sections in 20 chapters, compared with 511 sections in 23 chapters in the IPC.

Q3. Which BNS section replaces the IPC offence of murder?

Section 103. Section 103(2) adds murder by mob lynching.

Q4. What is the new punishment for death by negligence?

Five years under Section 106(1), up from two years. Section 106(2) adds hit and run at ten years.

Q5. What replaced sedition?

Section 152, titled "Acts endangering sovereignty", which the article says has different elements from the old Section 124A.

Q6. Where are offences against women and children placed?

In Chapter V, Sections 63 to 99.

Q7. Is adultery an offence under the BNS?

No. Section 497 IPC was struck down in 2018 and the BNS does not revive it.

Q8. Which code applies if the offence was in June 2024 and the FIR is in August 2024?

The IPC applies as substantive law, and the BNSS applies as procedural law, in the hybrid approach set out in Deepu v. State of U.P. (Allahabad High Court, 6 August 2024).

Q9. Name one new offence under the BNS.

Organised crime under Section 111, or terrorist act under Section 113.

Q10. Are old IPC judgments still useful?

Yes, where the elements of the offence are preserved. The article gives Bachan Singh and Virsa Singh as examples.

Conclusion

The BNS is not just a renumbering. It reorders chapters, adds new offences, raises some punishments and creates transition rules that come up in problem questions. Build a two column sheet of old and new numbers, and revise it a little each week.

At Aashayein Judiciary, Nitesh Sir helps students learn the new criminal codes by comparing old and new sections. Use our Judiciary Notes, PYQ practice and Mock Test series through Online Judiciary Coaching to prepare for the Civil Judge Exam, PCS J Exam and APO Exam.