Criminal law of India changed completely on 1 July 2024.
The Indian Penal Code, 1860 – i.e. IPC – which was the basis of crime and penalty in this country for 164 years was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Additionally, the CrPC transitioned to the BNSS, while the Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act.
But the most change happened in BNS. Consequently, some sections were removed, while some new provisions were added, names and numbers changed, and punishments were increased.
This article will tell you the core difference between them two. What removed from IPC and what includes in BNS — and why.
What is the difference between the IPC and the BNS?
| Point | IPC, 1860 | BNS, 2023 |
| Total sections | 511 | 358 |
| Applicable | 1 January 1862 | 1 July 2024 |
| Language | English based | More Indian references |
| Community Service | Was not added | Added |
| Organized Crime | Was not separately added | Section 111 |
| Terrorism | Was not added | Section 113 |
| Number of Sections | 511 sections | 358 sections (after consolidation) |
The number of sections has decreased from 511 to 358—but this does not mean the law has become weaker. Many older sections have been merged.
Part 1: What was removed from the IPC, and why?
1. Section 124A — Sedition (Sedition)
It was the most controversial section of IPC. Under this, anyone who spread hates or contradicts against the government could have been punished till lifelong imprisonment.
Why was it removed:
- Supreme Court restricted it in 1962 in Kedar Nath Singh v. State of Bihar — that only the expression that incited violence should apply to that.
- Yet journalists, activists, students — were misuse of it on a massive basis.
- Supreme Court had stopped its use in 2022.
What includes in BNS:
Sedition replaced in BNS, Section 152 — Which are termed “acts endangering the sovereignty, unity, and integrity of India.” This is more specific than the old Section 124A—it now encompasses the promotion of armed insurrection, subversive activities, or separatist movements. However, mere “dissent” can no longer be classified as sedition.
2. Section 309 — Attempt to Suicide (Suicide attempt) — removed
The person attempting suicide under Section 309 of the IPC could have been jailed for 1 year.
Why was it removed:
- The Mental Health Act, 2017 had already made a provision that the attempt of suicide would not be considered a criminal — until it was proved that his mental state was normal.
- WHO and human rights organizations had long demanded to remove it.
- A person who is already in crisis wasn’t justified to send him to jail.
In BNS: Section 309 was completely removed.
3. Section 377 — Unnatural Offences — Partially removed
In Navtej Singh Johar v. Union of India (2018) Supreme Court had decriminalized the consensual same-sex relations — i.e. IPC 377 was an allready ineffective to that extent.
In BNS: Section 377 is partially incorporated — only in terms of acts with non-consensual acts and animals. BNS also does not consider Consensual adult relations as offences.
4. Sections 121 to 130 — Waging War against the State — Restructured
These sections of IPC were related to war tampering against the country.
In BNS: They were reorganized in Chapter VII (Offences Against the State) — between Sections 147 to 158. The argument is the same but language and scope were updated.
5. Sections 153A and 153B — Promoting Enmity — Restructured
Inciting hostility on the basis of religion, caste, race, or language.
In BNS: This provisions came in section 196 and 197, with new provisions added – like 3 years of punishments on false news and viral content.
6. Status of Defamation
In the IPC, defamation was defined under Section 499, and the punishment was provided for under Section 500.
In BNS: Defamation is now in Section 356 — definition is the same, punishment for the same 2 years ordinary imprisonment or fine.
Part 2: What new added to BNS?
That’s the most important part. There were many crimes in the IPC that had no place in the IPC — BNS codify them for the first time.
1. Section 4 — Community Service — newly added; this was not present in the IPC.
BNS first accepted Community Service as a formal punishment.
For the first time, the BNS (Bharatiya Nyaya Sanhita) has incorporated ‘community service’ as a formal mode of punishment.
Rationale for its inclusion:
- Imprisonment for minor offenses was counterproductive, as it brought petty offenders into contact with hardened criminals.
- It serves to promote the ‘reformative theory’ of punishment.
Applicable offenses:
- Section 202 (Attempting to compel someone to commit suicide — distinct from the former Section 309; this pertains to the act of attempting to force another person to commit suicide).
- Section 226 (Wrongful restraint — in less serious instances).
- Section 355 (Defamation — in minor cases).
2. Section 111 — Organised Crime — Newly Added
This was not present in the IPC.
It is the most significant addition to the BNS (Bharatiya Nyaya Sanhita).
Section 111 states: Any person who, as part of an organised crime syndicate, obtains economic or material benefits through violence, threats, coercion, or other unlawful means, is guilty of committing an organised crime.
Punishment:
- If no murder has occurred: A minimum of 5 years of imprisonment, up to a maximum of life imprisonment.
2.If a murder has occurred: The death penalty or life imprisonment.
Why it was added:
- While state-level laws like MCOCA (Maharashtra Control of Organised Crime Act) existed, there was no central, nationwide provision.
- A central law was necessary to address issues such as mafia networks, extortion rackets, and contract killings.
Practical example: Consider a gang that engages in extortion in Mumbai, intimidates businesses in Punjab, and carries out arms dealing in Delhi—Section 111 will now apply to all these activities collectively.
3. Section 113 — Terrorism — Newly Added
This was not present in the IPC. The UAPA (Unlawful Activities Prevention Act) was a separate statute.
Section 113 states that whoever, with the intent to threaten the unity, integrity, security, or economic security of India:
- Commits an attack using bombs, explosives, or lethal weapons;
- Causes damage to infrastructure; or
- Spreads terror,
is guilty of terrorism.
Punishment:
- In cases not resulting in death: Minimum 5 years, up to life imprisonment.
- In cases resulting in death: Capital punishment (death penalty) or life imprisonment.
Reason for inclusion: While the UAPA remains in force, incorporating terrorism into the BNS (Bharatiya Nyaya Sanhita) allows general criminal courts to exercise jurisdiction over such cases as well.
4. Section 69 — Sexual Intercourse by Deceit — Newly Added
This was not present in the IPC (Indian Penal Code).
Section 69 states that if a person engages in sexual intercourse with a woman by:
- Making a false promise of employment or promotion;
- Making a false promise of marriage (without any intention of fulfilling it); or
- Concealing their identity (e.g., by changing their name or religion);
— then it constitutes an offense.
Punishment
Imprisonment for up to 10 years, along with a fine.
Reason for inclusion: Cases involving “rape by a false promise of marriage” had long been appearing before the courts; however, there was no explicit provision for this in the IPC. Courts previously attempted to fit such cases within the definition of rape under Section 375.
Important distinction: This is separate from Section 375. If there was no consent at all, it constitutes rape (under Section 63 of the BNS). However, if consent was given but was obtained through deceit, it falls under Section 69.
5. Section 103(2) — Mob Lynching — Newly Added
This was not explicitly present in the IPC.
Section 103(2) states: When a group of five or more persons, acting together, commits murder based on a person’s caste, race, community, gender, place of birth, language, or personal belief, every member of that group shall be punished with the death penalty or life imprisonment.
Reason for inclusion: There has been a sharp rise in incidents of mob lynching in recent years. While the IPC contained Section 302 (for murder), there was no provision that specifically addressed the collective intent of a “mob.”
6. Section 111(2) — Organised Petty Crime — Newly added
This was not present in the IPC.
Minor offences committed in an organised manner—such as vehicle theft, chain snatching, or organised pickpocketing—will now be classified under the category of ‘organised crime’.
Punishment
A minimum of 1 year and a maximum of 7 years of imprisonment, along with a fine.
7. Section 117 — Hit and Run — Punishment Made More Severe
Under the IPC, there was Section 304A; however, the BNS (Bharatiya Nyaya Sanhita) has introduced a distinct and stricter provision for ‘hit and run’ cases under Section 106(2).
New Provision (Section 106(2)): If a driver flees the scene of an accident without reporting it:
- Up to 10 years of imprisonment and a fine.
Under the IPC: Section 304A carried a maximum sentence of only 2 years.
Reason for the change: In India, it was very common for the accused to flee the scene in ‘hit and run’ cases; the stricter punishment is intended to serve as a deterrent.
(Note: Following the announcement of this provision, truck drivers went on strike—after which the government stated that it would consult with stakeholders before implementing the measure.)
8. Section 152 — Subversive Activities
Replacing Section 124A- As previously mentioned, the provision for sedition (IPC 124A) has been removed and replaced by Section 152.
Section 152 covers:
- Inciting armed rebellion
- Undermining the sovereignty of India
- Secessionist activities
- Damaging the unity of the country with the assistance of foreign powers
Punishment: Imprisonment for life or imprisonment for up to 7 years.
Difference: IPC 124A contained the term “disaffection,” which was overly broad and prone to misuse. Section 152, by contrast, lists specific, serious activities.
9. Sections 196 and 197 — Communal Harmony — Updated
Sections 196 and 197 of the BNS (Bharatiya Nyaya Sanhita) have replaced Sections 153A and 505 of the IPC (Indian Penal Code).
Newly added:
- Section 197(1)(c): False or misleading information that disturbs public order — punishable by up to 3 years of imprisonment.
- Specifically, this targets social media and digital content.
Why it was necessary: There was no specific provision in the IPC to address fake news or WhatsApp forwards that incite riots.
10. Section 304B — Punishment for Dowry Death Increased
Under the IPC, Section 304B prescribed a minimum sentence of 7 years for dowry death.
Under the BNS, Section 80:
- Minimum sentence: 7 years (retained)
- Maximum sentence: Life imprisonment (the IPC provision only specified a 7-year term without defining a maximum — this has now been clarified)
| Point | IPC, 1860 — Section 304B | BNS, 2023 — Section 80 |
| Minimum Sentence | 7 years | 7 years |
| Maximum Sentence | Life imprisonment not expressly specified | Life imprisonment |
Sections of the IPC that were not included in the BNS — completely removed
| IPC Section | Subject | Status in BNS |
| 124A | Sedition | Removed — Replaced by Section 152 |
| 309 | Attempt to Suicide | General offence removed; Section 226 covers attempts intended to compel or restrain a public servant |
| 377 | Unnatural Offences (consensual) | Consensual same-sex acts between adults decriminalized in accordance with the Supreme Court judgment; Section 377 not retained in BNS |
| 303 | Murder by Life Convict (mandatory death) | Declared invalid by the Supreme Court in Mithu v. State of Punjab; not included in the BNS |
IPC Sections That Have Changed in the BNS — Quick Reference
| IPC Section | विषय | BNS Section |
| 302 | Murder | 101 |
| 304A | Causing Death by Negligence | 106 |
| 306 | Abetment of Suicide | 108 |
| 307 | Attempt to Murder | 109 |
| 375 | Rape | 63 |
| 376 | Punishment for Rape | 64 |
| 420 | Cheating | 318 |
| 415 | Cheating (definition) | 316 |
| 499 | Defamation | 356 |
| 300 | Murder (definition) | 100 |
| 354 | Assault on Women | 74 |
| 498A | Cruelty by Husband | 85 |
| 304B | Dowry Death | 80 |
| 320 | Grievous Hurt | 114 |
| 325 | Punishment for Grievous Hurt | 117 |
5 Key Things Everyone Should Know About the BNS
- Existing cases will continue under the IPC — FIRs registered before July 1, 2024, will proceed under the IPC. The BNS does not apply retrospectively.
- Section numbers have changed — Referring to “Section 420” (a common term used in India) is now technically incorrect; it is now “Section 318 of the BNS.”
- Introduction of Community Service — For the first time in India, a formal alternative form of punishment has been introduced, offering a path to rehabilitation without imprisonment.
- Codification of Organized Crime and Terrorism — The IPC had gaps that necessitated reliance on special laws; the BNS has now incorporated these into mainstream criminal law.
- Stricter Penalties for ‘Hit and Run‘ — From the perspective of road safety, this is the most practically relevant change, directly affecting the lives of ordinary citizens.
Conclusion
The transition from the IPC to the BNS is not merely a change in section numbers. Consequently, it represents a shift from an outdated, colonial-era law toward a framework designed to recognize and address 21st-century crimes—such as organized crime, terrorism, mob lynching, digital fake news, and deceptive sexual relationships. Moreover, provisions like ‘sedition’ have been replaced by more specific and narrowly defined clauses, which should thus hopefully reduce the scope for misuse. Therefore, it is essential for law students, legal practitioners, and every conscientious citizen to understand this shift—because the BNS, not the IPC, is now the criminal law of India.
