PART-2: COMPARATIVE STUDY OF BHARATIYA NYAYA SANHITA, 2023 (BNS) & INDIAN PENAL CODE, 1860 (IPC) FROM IPC CHAPTER III & IV, SECTIONS 53-106


SECTION COMPARISON OF IPC,1860 S.53-106 & CORRESPONDING BNS SECTIONS:


COLOR CODE: YELLOW: ONLY REMEMBER SECTION NUMBER;

GREEN: MEDIUM IMPORTANT SECTION: REMEMBER SECTION CONTENT;

ORANGE: VERY IMPORTANT SECTION: REMEMBER SECTION CONTENT BY HEART.

IPC 1860: CHAPTER III: OF PUNISHMENTS

IPC Section 53 (Punishments) = BNS Section 4

IPC Section 54 (Commutation of sentence of death) = BNS Section 5 IPC Section 55 (Commutation of sentence of imprisonment for life) = BNS Section 5

IPC Section 55A (Definition of “appropriate Government”) = BNS Explanation to section 5

IPC Section 57 (Fractions of terms of punishment) = BNS Section 6

IPC Section 60 (Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple) = BNS Section 7

IPC Section 63 (Amount of fine) = BNS Section 8(1)

IPC Section 64 (Sentence of imprisonment for non-payment of fine) = BNS Section 8(2)

IPC Section 65 (Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable) = BNS Section 8(3)

IPC Section 66 (Description of imprisonment for non-payment of fine) = BNS Section 8(4)

IPC Section 67 (Imprisonment for non-payment of fine when offence punishable with fine only) = BNS Section 8(5)

IPC Section 68 (Imprisonment to terminate on payment of fine) = BNS Section 8(6)(a)

IPC Section 69 (Termination of imprisonment on payment of proportional part of fine) = BNS Section 8(6)(b)

IPC Section 70 (Fine leviable within six years, or during imprisonment – Death not to discharge property from liability) = BNS Section 8(7)

IPC Section 71 (Limit of punishment of offence made up of several offences) = BNS Section 9

IPC Section 72 (Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which) = BNS Section 10

IPC Section 73 (Solitary confinement) = BNS Section 11

IPC Section 74 (Limit of solitary confinement) = BNS Section 12

IPC Section 75 (Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction) = BNS Section 13

IPC 1860:CHAPTER III: CHAPTER IV: GENERAL EXCEPTIONS

IPC Section 76 (Act done by a person bound, or by mistake of fact believing himself bound, by law) = BNS Section 14

IPC Section 77 (Act of Judge when acting judicially) = BNS Section 15

IPC Section 78 (Act done pursuant to the judgment or order of Court) = BNS Section 16

IPC Section 79 (Act done by a person justified, or by mistake of fact believing himself justified, by law) = BNS Section 17

IPC Section 80 (Accident in doing a lawful act) = BNS Section 18

IPC Section 81 (Act likely to cause harm, but done without criminal intent, and to prevent other harm) = BNS Section 19

IPC Section 82 (Act of a child under seven years of age) = BNS Section 20

IPC Section 83 (Act of a child above seven and under twelve of immature understanding) = BNS Section 21

IPC Section 84 (Act of a person of unsound mind) = BNS Section 22

IPC Section 85 (Act of a person incapable of judgment by reason of intoxication caused against his will) = BNS Section 23

IPC Section 86 (Offence requiring a particular intent or knowledge committed by one who is intoxicated) = BNS Section 24

IPC Section 87 (Act not intended and not known to be likely to cause death or grievous hurt, done by consent) = BNS Section 25

IPC Section 88 (Act not intended to cause death, done by consent in good faith for person’s benefit) = BNS Section 26

IPC Section 89 (Act done in good faith for benefit of child or insane person, by or by consent of guardian) = BNS Section 27

IPC Section 90 (Consent known to be given under fear or misconception) = BNS Section 28

IPC Section 91 (Exclusion of acts which are offences independently of harm caused) = BNS Section 29

IPC Section 92 (Act done in good faith for benefit of a person without consent) = BNS Section 30

IPC Section 93 (Communication made in good faith) = BNS Section 31

IPC Section 94 (Act to which a person is compelled by threats) = BNS Section 32

IPC Section 95 (Act causing slight harm) = BNS Section 33

Of the Right of Private Defence:

IPC Section 96 (Things done in private defence) = BNS Section 34 (Things done in private defence)

IPC Section 97 (Right of private defence of the body and of property) = BNS Section 35 (Right of private defence of body and of property)

IPC Section 98 (Right of private defence against the act of a person of unsound mind, etc.) = BNS Section 36 (Right of private defence against act of a person of unsound mind, etc.)

IPC Section 99 (Act against which there is no right to private defence) = BNS Section 37 (Acts against which there is no right of private defence)

IPC Section 100 (When the right of private defence of the body extends to causing death) = BNS Section 38 (When right of private defence of body extends to causing death)

IPC Section 101 (When such right extends to causing any harm other than death) = BNS Section 39 (When such right extends to causing any harm other than death)

IPC Section 102 (Commencement and continuance of the right of private defence of the body) = BNS Section 40 (Commencement and continuance of right of private defence of body)

IPC Section 103 (When the right of private defence of property extends to causing death) = BNS Section 41 (When right of private defence of property extends to causing death)

IPC Section 104 (When such right extends to causing any harm other than death) = BNS Section 42 (When such right extends to causing any harm other than death)

IPC Section 105 (Commencement and continuance of the right of private defence of property) = BNS Section 43 (Commencement and continuance of right of private defence of property)

IPC Section 106 (Right of private defence against deadly assault when there is risk of harm to innocent person) = BNS Section 44 (Right of private defence against deadly assault when there is risk of harm to innocent person)


CHANGES IN CHAPTER III & IV


  1. Punishments [Section 4 of BNS / Section 53 of IPC]

    A significant addition to the BNS is the introduction of community service as a sixth type of punishment. This innovative approach aims to reduce jail overcrowding and promote rehabilitation. Community service is prescribed for various petty offences and is defined in the Bharatiya Nagarik Suraksha Sanhita (BNSS) as court-ordered work benefiting the community, performed without remuneration and is prescribed for petty offences such as non-appearance in response to a proclamation, attempt to commit suicide, compelling or restraining the exercise of lawful power of a public servant, petty theft upon return of stolen money, misconduct in public by a drunken person, and defamation.

  2. Life Imprisonment The BNS clarifies that life imprisonment means imprisonment for the remainder of a person’s natural life, removing any ambiguity about the duration of this sentence.
  3. Commutation of Sentence [Section 5 of BNS / Sections 54 and 55 of IPC]:The BNS introduces changes to sentence commutation, as detailed in Section 474 of BNSS. Notable changes include:
  • Death sentences can only be commuted to life imprisonment.
  • Life sentences can be commuted to imprisonment for not less than 7 years.
  • Sentences of 7 years or more can be commuted to not less than 3 years.
  • Rigorous imprisonment can be commuted to simple imprisonment.
  • Sentences less than 7 years can be commuted to a fine.
  1. Fractions of Terms of Punishment [Section 6 of BNS / Section 57 of IPC]: The BNS adds flexibility by including the phrase “unless otherwise provided” in Section 6, allowing for exceptions to the standard calculation of punishment terms.
  2. Liability in Default of Payment of Fine [Section 8 of BNS / Sections 63 to 70 of IPC] :The BNS updates the penalties for defaulting on fines or community service:
  • For fines up to ₹5,000 or community service: Imprisonment up to 2 months
  • For fines up to ₹10,000 or community service: Imprisonment up to 4 months
  • For other cases: Imprisonment up to 1 year This represents a significant increase from the IPC’s provisions.
  1. Private Defence of Property [Sections 41 and 43 of BNS / Sections 103 and 105 of IPC]: The BNS replaces “house-breaking by night” with “house-breaking after sunset and before sunrise,” providing a more precise timeframe. It also expands the scope of mischief to include “mischief by fire or any explosive substance.”