SECTION COMPARISON OF IPC,1860 S.1-53 & CORRESPONDING BNS SECTIONS
Here is a rewrite of the comparison of each section separately:
Section 1: IPC 1860: Titled “Title and extent of operation of the Code” BNS 2023: Sections 1(1)/(2) titled “Short title, commencement and application”.
Section 2: IPC 1860: “Punishment of offences committed within India” BNS 2023: No separate section, covered under 1(3) “Short title, commencement and application”
Section 3: IPC 1860: “Punishment of offences committed beyond, but which by law may be tried within India” BNS 2023: Covered under 1(4) “Short title, commencement and application”
Section 4: IPC 1860: “Extension of Code to extra-territorial offences” BNS 2023: Covered under 1(5) “Short title, commencement and application”
Section 5: IPC 1860: “Certain laws not to be affected by this Act” BNS 2023: Covered under 1(6) “Short title, commencement and application”
Section 6: IPC 1860: “Definitions in the Code to be understood subject to exceptions” BNS 2023: Section 3(1) titled “General explanations”
Section 7: IPC 1860: “Sense of expression once explained” BNS 2023: Section 3(2) “General explanations”
Section 8: IPC 1860: “Gender” BNS 2023: Section 2(10) defines “gender”
Section 9: IPC 1860: “Number” BNS 2023: Section 2(22) defines “number”
Section 10: IPC 1860: “‘Man’/’Woman'” BNS 2023: Section 2(19) defines “man”, Section 2(35) defines “woman”
Section 11: IPC 1860: “Person” BNS 2023: Section 2(26) defines “person”
Section 12: IPC 1860: “Public” BNS 2023: Section 2(27) defines “public”
Section 13: IPC 1860: Definition of “Queen” [Omitted earlier] BNS 2023: No corresponding section
Section 14: IPC 1860: “Servant of Government” BNS 2023: No corresponding section
Section 15: IPC 1860: Definition of “British India” [Omitted earlier] BNS 2023: No corresponding section
Section 16: IPC 1860: Definition of “Government of India” [Omitted earlier] BNS 2023: No corresponding section
Section 17: IPC 1860: “Government” BNS 2023: Section 2(12) defines “Government”
Section 18: IPC 1860: “India” BNS 2023: No corresponding section
Section 19: IPC 1860: “Judge” BNS 2023: Section 2(16) defines “Judge”
Section 20: IPC 1860: “Court of Justice” BNS 2023: Section 2(5) defines “Court”
Section 21: IPC 1860: “Public servant” BNS 2023: Section 2(28) defines “public servant”
Section 22: IPC 1860: “Movable property” BNS 2023: Section 2(21) defines “movable property”
Section 23, para 1: IPC 1860: “Wrongful gain” BNS 2023: Section 2(36) defines “wrongful gain”
Section 23, para 2: IPC 1860: “Wrongful loss” BNS 2023: Section 2(37) defines “wrongful loss”
Section 23, para 3: IPC 1860: Gaining wrongfully, losing wrongfully BNS 2023: Section 2(38) defines “gaining wrongfully” and “losing wrongfully”
Section 24: IPC 1860: “Dishonestly” BNS 2023: Section 2(7) defines “dishonestly”
Section 25: IPC 1860: “Fraudulently” BNS 2023: Section 2(9) defines “fraudulently”
Section 26: IPC 1860: “Reason to believe” BNS 2023: Section 2(29) defines “reason to believe”
Section 27: IPC 1860: Property in possession of wife, clerk or servant BNS 2023: Section 3(3) “General explanations”
Section 28: IPC 1860: “Counterfeit” BNS 2023: Section 2(4) defines “counterfeit”
Section 29: IPC 1860: “Document” BNS 2023: Section 2(8) defines “document”
Section 29A: IPC 1860: “Electronic record” BNS 2023: Section 2(39) “Words and expressions not defined”
Section 30: IPC 1860: “Valuable security” BNS 2023: Section 2(31) defines “valuable security”
Section 31: IPC 1860: “A will” BNS 2023: Section 2(34) defines “will”
Section 32: IPC 1860: Words referring to acts include illegal omissions BNS 2023: Section 2(1) defines “act”, Section 3(4) “General explanations”
Section 33: IPC 1860: “Act”/”Omission” BNS 2023: Section 2(1) defines “act”, Section 2(25) defines “omission”
Section 34: IPC 1860: Acts done by several persons in furtherance of common intention BNS 2023: Section 3(5) “General explanations“
Section 35: IPC 1860: When such an act is criminal by reason of its being done with a criminal knowledge or intention BNS 2023: Section 3(6) “General explanations”
Section 36: IPC 1860: Effect caused partly by act and partly by omission BNS 2023: Section 3(7) “General explanations”
Section 37: IPC 1860: Co-operation by doing one of several acts constituting an offence BNS 2023: Section 3(8) “General explanations”
Section 38: IPC 1860: Persons concerned in criminal act may be guilty of different offences BNS 2023: Section 3(9) “General explanations”
Section 39: IPC 1860: “Voluntarily” BNS 2023: Section 2(33) defines “voluntarily”
Section 40: IPC 1860: “Offence” BNS 2023: Section 2(24) defines “offence”
Section 41: IPC 1860: “Special law” BNS 2023: Section 2(30) defines “special law”
Section 42: IPC 1860: “Local law” BNS 2023: Section 2(18) defines “local law”
Section 43: IPC 1860: “Illegal”, “Legally bound to do” BNS 2023: Section 2(15) defines “illegal” and “legally bound to do”
Section 44: IPC 1860: “Injury” BNS 2023: Section 2(14) defines “injury”
Section 45: IPC 1860: “Life” BNS 2023: Section 2(17) defines “life”
Section 46: IPC 1860: “Death” BNS 2023: Section 2(6) defines “death”
Section 47: IPC 1860: “Animal” BNS 2023: Section 2(2) defines “animal”
Section 48: IPC 1860: “Vessel” BNS 2023: Section 2(32) defines “vessel”
Section 49: IPC 1860: “Year”, “Month” BNS 2023: Section 2(20) defines “month” and “year”
Section 50: IPC 1860: “Section” BNS 2023: No corresponding definition
Section 51: IPC 1860: “Oath” BNS 2023: Section 2(23) defines “oath”
Section 52: IPC 1860: “Good faith” BNS 2023: Section 2(11) defines “good faith”
Section 52A: IPC 1860: “Harbour” BNS 2023: Section 2(13) defines “harbour”
ANALYSIS: COMPARATIVE STUDY OF BHARATIYA NYAYA SANHITA, 2023 (BNS) & INDIAN PENAL CODE, 1860 (IPC) FROM IPC CHAPTER I& II SECTIONS 1-53
DEFINITIONS [SECTION 2 OF BNS/SECTIONS 8 TO 52A OF IPC]
The IPC did not have a dedicated definitions clause. Instead, the interpretation clauses were scattered across sections 8 to 52A. In contrast, the BNS has consolidated most of these interpretation clauses from the IPC without change into a single section 2, arranged in alphabetical order for ease of reference.
One key difference is that while the applicability of interpretation clauses in the IPC (except sections 9, 32 and 46) was not subject to the context, the definitions in section 2 of the BNS are qualified by the phrase “unless the context otherwise requires.” This makes the application of definitions in the BNS context-dependent.
The BNS has omitted the definition of ‘section’ from IPC section 50, as the term is now widely used and needs no explanation.
CHILD:
The BNS introduces a new definition of ‘child’ in section 2(3) as any person below 18 years of age.
TRANSGENDER:
While the IPC’s definition of ‘gender’ in section 8 only recognized male and female, the new definition in BNS section 2(10) adds ‘transgender’ as a third gender category.
COURT [SECTION 2(5) OF BNS/SECTION 20 OF IPC]
The illustration referring to “Regulation VII, 1816, of the Madras Code” under IPC section 20 has been omitted in BNS section 2(5) as it became redundant after the repeal of the regulation.
DOCUMENT [SECTION 2(8) OF BNS/SECTION 29 OF IPC]
The definition of ‘document’ in BNS section 2(8) explicitly includes electronic and digital records.
JUDGE [SECTION 2(16) OF BNS/SECTION 19 OF IPC]
The BNS definition of ‘Judge’ in section 2(16) is more concise than the detailed IPC definition in section 19, but follows a similar pattern while streamlining the information.
The old law’s definition of “Judge” is quite detailed.
It states that the term “Judge” includes not only individuals officially designated as Judges but also those who have the authority to render definitive judgments in any legal proceeding, whether civil or criminal.
This definition encompasses individuals who can make judgments that, if not appealed against, would be considered definitive.
It also includes members of a body of persons authorized by law to render such judgments.
The illustrations provided clarify this definition further, including examples of Collectors, Magistrates, and members of a panchayat.
New Law – Section 2(16) – “Judge”:
The new law’s definition of “Judge” is more concise and follows a similar pattern.
The new law aligns with the old law’s definition but presents the information in a more streamlined manner
MONTH AND YEAR [SECTION 2(20) OF BNS/SECTION 49 OF IPC]
While the IPC required month/year to be reckoned by the British calendar, the BNS in section 2(20) has updated this to the Gregorian calendar.
MOVABLE PROPERTY [SECTION 2(21) OF BNS/SECTION 22 OF IPC]
By removing the phrase “intended to include corporeal”, the BNS definition of movable property in section 2(21) is not limited to tangible assets, unlike the IPC definition. It will cover intangible assets like patents, copyrights etc. as well as actionable claims.
PUBLIC SERVANT [SECTION 2(28) OF BNS/SECTION 21 OF IPC]
The reference to ‘juryman’ in the IPC definition has been omitted in BNS section 2(28). ‘Local authority’ is now defined by referring to the General Clauses Act, 1897 and Companies Act, 2013.