Executive Summary: BNS vs IPC Statutory Matrix
Direct Legal Answer: India's criminal justice system underwent its most comprehensive statutory overhaul with the enactment of the Bharatiya Nyaya Sanhita (BNS) replacing the Indian Penal Code (IPC, 1860), the Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing the Code of Criminal Procedure (CrPC, 1973), and the Bharatiya Sakshya Adhiniyam (BSA) replacing the Indian Evidence Act (1872). For crimes committed on or after July 1, 2024, FIRs and chargesheets must strictly cite BNS and BNSS section numbers, while offences committed prior to the transition date continue to be prosecuted under the IPC.
This master comparison matrix provides an authoritative, clause-by-clause conversion table between the Indian Penal Code and the Bharatiya Nyaya Sanhita, detailing penal changes, community service provisions, digital evidence standards, and statutory bail timelines.
Master BNS vs IPC Section-by-Section Comparison Matrix
The table below correlates the most widely cited criminal offences in India from previous IPC provisions to their corresponding BNS sections:
| Offence Description | Previous Law (IPC) | New Law (BNS) | Punishment & Statutory Notes |
|---|---|---|---|
| Cheating & Dishonestly Inducing Delivery | Section 420 IPC | Section 318(4) BNS | Imprisonment up to 7 years + mandatory fine. |
| Murder | Section 302 IPC | Section 103(1) BNS | Death or Life Imprisonment + fine. Mob lynching punishable under Sec 103(2). |
| Attempt to Murder | Section 307 IPC | Section 109 BNS | Imprisonment up to 10 years or Life Imprisonment if hurt caused. |
| Culpable Homicide Not Amounting to Murder | Section 304 IPC | Section 105 BNS | Life Imprisonment or rigorous imprisonment up to 10 years. |
| Death by Rash or Negligent Act (Hit & Run) | Section 304A IPC | Section 106(1) & (2) BNS | Up to 5 years (Sec 106(1)); up to 10 years for fleeing without reporting (Sec 106(2)). |
| Theft (General & Snatching) | Section 379 IPC | Section 303 & 304 BNS | Up to 3 years; Snatching under Sec 304 carries up to 3 years + fine. |
| Criminal Breach of Trust | Sections 405 & 406 IPC | Section 316 BNS | Up to 5 years (basic); up to 7 years for bankers/agents. |
| Extortion | Sections 383 & 384 IPC | Section 308 BNS | Imprisonment up to 7 years + fine. |
| Robbery & Dacoity | Sections 390 & 395 IPC | Sections 309 & 310 BNS | Rigorous imprisonment up to 10 years (Robbery) / Life (Dacoity). |
| Rape & Aggravated Offences | Sections 375 & 376 IPC | Sections 63 & 64 BNS | Rigorous imprisonment 10 years to Life; Death penalty for minor victims. |
| Cruelty by Husband or Relatives | Section 498A IPC | Section 85 & 86 BNS | Imprisonment up to 3 years + fine. Cognizable and non-bailable. |
| Dowry Death | Section 304B IPC | Section 80 BNS | Minimum 7 years imprisonment up to Life Imprisonment. |
| Forgery & Using Forged Documents | Sections 463, 465, 471 IPC | Sections 336, 338, 340 BNS | Imprisonment up to 7 years + fine for valuable security forgery. |
| Defamation | Sections 499 & 500 IPC | Section 356 BNS | Simple imprisonment up to 2 years, or fine, or Community Service. |
| Criminal Intimidation | Sections 503 & 506 IPC | Section 351 BNS | Up to 2 years (basic); up to 7 years if threat is to cause death or grievous hurt. |
Key Statutory Transformations & Novel Offences in BNS
The Bharatiya Nyaya Sanhita introduced several structural improvements and statutory offences absent in the 1860 colonial penal code:
- Organized Crime (Section 111 BNS): Comprehensive definition of continuing unlawful activity by crime syndicates, kidnapping, extortion, contract killing, land grabbing, and cyber-crimes carrying minimum 5 years to life imprisonment or death.
- Terrorist Acts (Section 113 BNS): Explicit criminalization of acts threatening the unity, integrity, security, or sovereignty of India.
- Mob Lynching & Hate Killings (Section 103(2) BNS): Where a murder is committed by 5 or more persons acting in concert on grounds of race, caste, sex, place of birth, or language, each member is punished with death or life imprisonment.
- Deceitful Promise to Marry (Section 69 BNS): Explicit criminalization of sexual intercourse through false promises of employment, promotion, or marriage under deceptive identity.
- Introduction of Community Service: For 6 minor offences (e.g. small theft under ₹5,000, public intoxication misconduct, non-appearance upon summons, simple defamation), courts can award Community Service instead of prison confinement.
Arrest, Preliminary Enquiry & Bail Under BNSS
| Procedural Stage | Previous Code (CrPC) | New Code (BNSS) | Mandatory Procedural Protections |
|---|---|---|---|
| FIR Registration & Zero FIR | Section 154 CrPC | Section 173 BNSS | Zero FIR recognized statutorily; e-FIR signed within 3 days. |
| Notice of Appearance (No Automatic Arrest) | Section 41A CrPC | Section 35 BNSS | Mandatory prior notice for offences punishable under 7 years; DSP permission for seniors/infirm. |
| Anticipatory Bail | Section 438 CrPC | Section 482 BNSS | Powers exercised by Sessions Court and High Court; transit bail rules apply. |
| Regular Bail & First-Time Offender Relief | Sections 437 & 439 CrPC | Sections 480 & 483 BNSS | First-time undertrials eligible for bail after serving one-third (1/3rd) of maximum sentence under Sec 479 BNSS. |
Frequently Asked Questions (FAQs)
What happens to criminal cases filed before July 1, 2024?
Under Section 358 of BNS and Section 531 of BNSS, all ongoing investigations, trials, appeals, and revision applications initiated prior to July 1, 2024 continue to be governed and prosecuted under the Indian Penal Code (IPC) and CrPC provisions.
How can I check which BNS section applies to my case?
You can refer to the comparative statutory concordance tables or consult a verified criminal advocate through Hire Your Vakeel to verify correct charging sections and bail procedures.
Can police search a premise without audio-video recording under BNSS?
No. Under Section 105 of the BNSS, all searches, seizures of property, and preparation of seizure lists (panchnamas) must be recorded through audio-video electronic means (including mobile phones) and submitted to the Magistrate without delay.
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