Comparison Table: IPC 1860 vs. BNS 2023 (Sections 1-62)

BNS (2023) vs IPC (1860) ⚖️

Phase 1: Exhaustive Section-by-Section Comparative Table

IPC Sec. IPC Heading / Description BNS Sec. BNS Heading / Description
Chapter I: Preliminary (Application & Extent)
1 Title and extent of operation of the Code 1(1) Short title, commencement and application
2 Punishment of offences committed within India 1(3) Offences committed within India
3 Punishment of offences committed beyond India 1(4) Offences committed beyond India triable in India
4 Extension of Code to extra-territorial offences 1(5) Extension to extra-territorial offences
5 Certain laws not to be affected by this Act 1(6) Savings clause for special or local laws
General Definitions (Consolidated Alphabetically)
8 Gender 2(10) Definition of "Gender"
11 Person 2(26) Definition of "Person"
19 Judge 2(19) Definition of "Judge"
21 Public Servant 2(28) Definition of "Public Servant"
22 Movable Property 2(21) Definition of "Movable Property"
24 Dishonestly 2(7) Definition of "Dishonestly"
25 Fraudulently 2(9) Definition of "Fraudulently"
29 Document 2(8) Definition of "Document" (Includes Electronic)
40 Offence 2(24) Definition of "Offence"
52A Harbour 2(15) Definition of "Harbour"
Chapter II: Punishments
53 Punishments 4 Punishments (Includes Community Service)
54 Commutation of sentence of death 5(a) Commutation of death sentence
55 Commutation of sentence of life imprisonment 5(b) Commutation of life imprisonment
57 Fractions of terms of punishment 6 Calculating fractions (Life = 20 years)
60 Sentence of imprisonment (Rigorous/Simple) 7 Description of sentence of imprisonment
63 Amount of fine 8(1) Amount of fine (Must not be excessive)
64 Sentence of imprisonment for non-payment of fine 8(2) Imprisonment for non-payment of fine
71 Limit of punishment of offence made up of parts 9 Limit of punishment for composite offences
73 Solitary Confinement 11 Solitary Confinement (Max 3 months)
74 Limit of Solitary Confinement 12 Limit of Solitary Confinement in execution
75 Enhanced punishment for certain offences 13 Enhanced punishment for previous convicts
Chapter III: General Exceptions
76 Act done by person bound by law 14 Act done by person bound by law
79 Act done by person justified by law 15 Act done by person justified by law
80 Accident in lawful act 16 Accident in doing a lawful act
81 Act likely to cause harm (Necessity) 17 Act done to avoid greater harm
82 Act of a child under seven years of age 20 Act of child under seven (Doli Incapax)
83 Act of a child above seven and under twelve 21 Act of child between seven and twelve
84 Act of a person of unsound mind 22 Act of person of unsound mind
85 Involuntary Intoxication 23 Act of person incapable of judgment (Intoxication)
96 Things done in private defence 34 Right of Private Defence
100 Death caused in private defence of body 38 Right to cause death in defence of body
103 Death caused in private defence of property 41 Right to cause death in defence of property
Abetment, Conspiracy and Attempt
107 Abetment of a thing 45 Definition of Abetment
108 Abettor 46 Definition of Abettor
120A Definition of criminal conspiracy 61(1) Definition of Criminal Conspiracy
120B Punishment of criminal conspiracy 61(2) Punishment for Criminal Conspiracy
511 Attempting to commit offences 62 Punishment for Attempt
Repeal and Savings
- Indian Penal Code (45 of 1860) 358 Repeal and Savings: IPC is hereby repealed. Actions taken under old law are saved.

📊 Phase 1 Detailed Analysis

The transition from IPC to BNS in the first 62 sections focuses on streamlining the General Part of criminal law:

  • No more scattered definitions: IPC sections 8 to 52A are now consolidated into Section 2 of the BNS.
  • Attempt & Conspiracy: These are now foundational sections (61 and 62) rather than being relegated to the end of the code.
  • Repeal Clause: Section 358 BNS explicitly repeals the IPC while ensuring ongoing proceedings are protected.
Section 4: Introducing Community Service as a reformative punishment for petty offences.
Section 1(6): Clarifies that BNS does not override special laws like POSCO or NDPS unless specified.

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