Top 10 Key Differences Between the IPC and BNS You Should Know The Bharatiya Nyaya Sanhita, 2023 (BNS) was enacted on December 25, 2023, replacing the colonial-era Indian Penal Code, 1860 (IPC). The BNS, along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, will come into effect from July 1, 2024, as notified by the Ministry of Home Affairs. Reason for Legislative Overhaul The primary objective behind enacting the BNS was to do away with the colonial framework of the IPC. Despite several amendments, the IPC retained many outdated and imperial-era provisions. The BNS seeks to modernize Indian criminal law by prioritizing citizen-centric governance, individual rights, and a more inclusive justice delivery system. 1. Community Service as Punishment • IPC: Did not provide for community service. • BNS (Sections 4(f), 8(4), 8(5)): Introduces community service as a punishment for minor offences such as defamation, petty theft, and public drunkenness. • This provision aims to reduce prison overcrowding and offers a rehabilitative alternative for offences involving fines up to ₹10, 000. 2. Abetment of Offence Outside India • IPC (Section 117): Punishable with imprisonment up to 3 years or fine. • BNS (Section 48): Enhances punishment to up to 7 years of imprisonment and fine for persons abetting offences in India from abroad. 3. Reforms in Offences Against Women • IPC: • Marital rape exception applied where wife is under 15 years. • Language is gender-specific (“man”, “woman”). • BNS: • Section 63: Raises marital rape exemption age to 18 years. • Section 69: Penalizes sexual relations under false promise of marriage, with imprisonment up to 10 years. • Sections 76 & 77: Use gender-neutral terminology (“whoever”). • Section 70(2): Introduces death penalty for gang rape of minors under 18 (IPC provided death only for victims aged 12 and below). 4. Child Protection and Anti-Trafficking Measures • IPC: Applied narrowly (e.g., Section 366A focused only on minor girls). • BNS: • Section 96: Applies to all children under 18, regardless of gender. • Section 95: Penalizes use of children in offences – punishment ranges from 7 to 10 years. • Section 99: Provides for broader definitions and enhanced punishment up to 14 years. 5. Mob Lynching • IPC: No specific provision. • BNS (Section 103(2)): Codifies mob lynching as a crime committed by 5 or more persons, especially when motivated by identity factors such as caste, religion, language, etc. • Punishment: Life imprisonment or death penalty, aligning with the Supreme Court ruling in Tehseen S. Poonawalla v. Union of India. 6. Revival of IPC Section 303 with Safeguards • IPC (Section 303): Imposed mandatory death penalty on life convicts committing murder – struck down by the Supreme Court in Mithu v. State of Punjab. • BNS (Section 104): Reintroduces the provision, but allows judicial discretion between life imprisonment or death, ensuring constitutionality. 7. Causing Death by Negligence • IPC (Section 304A): Punishment up to 2 years or fine. • BNS (Section 106): • Raises punishment to 5 years for general public. • Separate treatment for registered medical practitioners – up to 2 years. • Controversial hit-and-run clause has been kept in abeyance. 8. Organised Crime and Syndicate Activities • IPC: Lacked specific provisions. • BNS (Section 111): • Defines and penalizes organised crime, including kidnapping, cybercrime, trafficking, and economic offences. • Punishment: Death or life imprisonment, plus minimum ₹10 lakh fine if death is caused. • Introduces terms like “organised crime syndicate” and “continuing unlawful activity”. 9. Petty Organised Crime • IPC: General provisions for theft or cheating; no recognition of organised petty crime. • BNS (Section 112): Covers petty syndicate crimes such as snatching, cheating, paper leaks, or unauthorized ticket resale. • Punishment: 1 to 7 years imprisonment, plus fine. 10. Expanded Offence of Mischief and Threats to National Integrity • IPC (Section 426): Punishment for mischief was up to 6 months or fine. • BNS (Section 324): • Damage under ₹20, 000 → Up to 1 year imprisonment. • ₹20, 000 to ₹1 lakh → Up to 2 years. • Above ₹1 lakh → Up to 5 years. • Section 197(1)(d): Publishing or sharing false or misleading information that threatens national unity – punishable with up to 3 years imprisonment or fine or both. Bonus: Redefined Grievous Hurt • IPC: “Grievous hurt” required 20 days of severe bodily pain. • BNS (Section 116): Reduces the threshold to 15 days, considering advancements in medical understanding and treatment.