IPC to BNS: Important Changes in the New Criminal Code

The Indian Penal Code, 1860 (IPC) governed substantive criminal law in India for more than 160 years before being replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) on 1 July 2024. The IPC to BNS changes introduced a new structure for India’s criminal law, with several provisions being reorganised, modified or replaced. The IPC contained 511 sections, while the BNS contains 358 sections. This reduction largely reflects consolidation and restructuring rather than simple decriminalisation. The changes go beyond renumbering, with new offences introduced and several existing provisions modified or reorganised.

IPC to BNS Changes: Which Law Applies?

The date of the offence determines whether the IPC or BNS applies. An offence committed on or before 30 June 2024 is generally governed by the Indian Penal Code (IPC), while an offence committed on or after 1 July 2024 is governed by the Bharatiya Nyaya Sanhita (BNS), 2023. The date of the FIR or trial does not, by itself, change the applicable substantive criminal law.

The practical effect is that IPC and BNS cases can continue side by side. For example, a murder committed before 1 July 2024 may be charged under Section 302 IPC, while a murder committed on or after that date is dealt with under Section 103 BNS.

Key IPC to BNS Section Changes

The BNS has introduced new section numbers for many offences previously covered by the IPC. These key changes make it important to verify the corresponding BNS provision before citing an offence.

Note that no IPC number carries over unchanged. The sexual offences chapter was reorganised as a whole, with the rape provisions now grouped in the early sixties of the BNS rather than at 375 and 376.

IPC Provisions Removed Under BNS

Sedition. Section 124A IPC has no counterpart carrying that name. The word does not appear in the BNS. In its place, Section 152 creates an offence of acts endangering the sovereignty, unity and integrity of India, directed at exciting secession, armed rebellion or subversive activities, and at encouraging separatist feelings. Whether the new provision is narrower than its predecessor, or merely differently drawn, is a question the courts are working through, and it should not be assumed that the change is purely cosmetic.

Adultery. Section 497 IPC had already been struck down by the Supreme Court in 2018 and is not reproduced.

Attempt to commit suicide. Section 309 IPC is not carried forward as a general offence, consistently with the position under the Mental Healthcare Act, 2017.

New Offences Introduced by BNS

The BNS brings into the general criminal code several matters previously dealt with by special legislation or by combining provisions.

Organised crime — Section 111, and petty organised crime — Section 112. Before this, organised crime prosecutions depended on State legislation or on stitching together conspiracy and dacoity provisions.

Terrorist act — Section 113, now within the general code alongside the special legislation.

Mob lynching — Section 103(2), creating a specific offence where murder is committed by a group of five or more persons on grounds including race, caste, community, sex, place of birth, language or personal belief. Under the IPC such cases required a combination of provisions.

Snatching — Section 304, distinguished from ordinary theft.

Hit and run — Section 106(2), addressing causing death by rash or negligent driving followed by failure to report.

Community service appears as a form of punishment for specified minor offences — the first time this has featured in the general criminal law in India.

What Stayed the Same

It is worth being clear about the scale of continuity, because the reform has sometimes been described as more sweeping than it is.

The general principles carry across substantially unchanged: the framework of criminal responsibility, the general exceptions including private defence, unsoundness of mind, intoxication and consent, and the definitions underlying most offences against person and property. Many provisions are the same text under a new number.

Where punishment has been enhanced — and it has been in several places, particularly for offences against women and children — that is a change of substance, and the applicable punishment must be read from the provision itself rather than assumed from the IPC equivalent.

Common Errors in IPC to BNS Changes

Citing the wrong code for the offence date. A charge sheet for a post-July 2024 offence citing Section 302 IPC, or a complaint for a 2023 offence citing Section 103 BNS, invites objection.

Assuming renumbering only. Before advising on ingredients, punishment or defences, check whether the punishment changed, whether new sub-clauses were added, and whether a new provision now covers the conduct — organised crime under Section 111 rather than a combination of older sections, for instance.

Stale templates. Legal notices and complaint formats with hard-coded IPC numbers are a live source of error, particularly ancillary allegations added to commercial complaints.

Relying on conversion tables for anything that matters. Concordances differ at the margins, and some published tables disagree on specific mappings within the reorganised sexual offences chapter. Where the answer matters, the bare text of the Sanhita is the source; a table is at best a finding aid.

The Convention that Works

Cite the BNS provision first, with the IPC equivalent in parentheses — “Section 103 BNS (formerly Section 302 IPC)”. It signals the correct provision, assists a court managing both systems, and avoids the appearance of citing a repealed enactment.

And check the date of the offence before drafting anything at all. In a period when two substantive codes and two procedural codes are simultaneously in force, that single check prevents most of the errors that arise.

Frequently Asked Questions

1. Which law applies to an offence committed before 1 July 2024?

Offences committed on or before 30 June 2024 are governed by the IPC, even if the FIR or trial takes place later.

2. Which law applies to offences committed after 1 July 2024?

Offences committed on or after 1 July 2024 are governed by the Bharatiya Nyaya Sanhita (BNS), 2023.

3. Is Section 302 IPC the same as Section 103 BNS?

Broadly, Section 103 BNS deals with murder and corresponds to Section 302 IPC, but the provisions should not be treated as identical without checking the BNS text.

4. Was sedition retained under the BNS?

No. Section 124A IPC was not carried forward under the same name. Section 152 BNS addresses acts endangering the sovereignty, unity and integrity of India.

5. Does the BNS introduce new offences?

Yes. It introduces or specifically addresses offences including organised crime, petty organised crime, terrorist acts, snatching and mob lynching, among others.

6. Can IPC sections still be used after 1 July 2024?

For an offence committed before 1 July 2024, the IPC may still apply. For a new offence committed on or after that date, the applicable BNS provision should be cited.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, notifications or judicial developments. The BNS is recent legislation and its interpretation is still developing before the High Courts and the Supreme Court; section mappings should be verified against the bare text. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force 1 July 2024 — including Sections 3(5), 61, 64, 79, 85, 103, 106, 111, 112, 113, 115, 152, 303, 304, 316, 318 and 351 — India Code, https://www.indiacode.nic.in
• Indian Penal Code, 1860 — for offences committed on or before 30 June 2024 — India Code, https://www.indiacode.nic.in
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023)
• Mental Healthcare Act, 2017