Comparison of IPC and BNS Sections

Main Points and Insights

• Repeal and Replacement: The Indian Penal Code (IPC) and Criminal Procedure Code (Cr.P.C.) were repealed effective from July 1, 2024, and replaced by the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nyaya Sanhita (BNSS).References: ["Deepu VS State of U. P. - Crimes"], ["Nagani Akram Mohammad Shafi vs Union of India, Through Assistant Director, Directorate of Enforcement - Bombay"], ["Arshdeep Singh alias Arsh VS State of Punjab - Punjab and Haryana"], ["Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati"], ["In Re: XXX VS State Of Arunachal Pradesh - Gauhati"]

• Transition Period & Applicability:

• For offences committed before July 1, 2024, FIRs are registered under IPC, and procedural issues are governed by the repealed laws, with the BNS/BNSS providing savings clauses to protect accrued rights.

• For offences after July 1, 2024, FIRs are registered under BNS/BNSS, which re-enacts offences with new section numbers.References: ["Arun Kumar VS State of Karnataka - Crimes (2024)"], ["Arshdeep Singh alias Arsh VS State of Punjab - Punjab and Haryana"], ["Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati"], ["In Re: XXX VS State Of Arunachal Pradesh - Gauhati"]

• Section-wise Comparison:

• Section 420 (IPC) vs. Section 318 (BNS): Cheating is now under Section 318 of BNS, replacing IPC Section 420.References: ["Nagani Akram Mohammad Shafi vs Union of India, Through Assistant Director, Directorate of Enforcement - Bombay"]
• Section 375 & 376 (IPC) vs. corresponding BNS provisions: Rape and related offences are redefined under BNS, with similar content but different section numbers.References: ["Arun Kumar VS State of Karnataka - Crimes (2024)"]

• Section 354A (IPC) vs. BNS Section 75: Sexual harassment offences are now under BNS Section 75, but courts have clarified that offences committed before the law came into effect are still under IPC.References: ["Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati"]

• Legal Effect of Repeal & Savings:

• The repeal of IPC and Cr.P.C. does not affect rights or liabilities already accrued, as per Section 6 of the General Clauses Act and the savings clauses in BNS.References: ["Deepu VS State of U. P. - Crimes"], ["Arun Kumar VS State of Karnataka - Crimes (2024)"], ["Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati"], ["Arshdeep Singh alias Arsh VS State of Punjab - Punjab and Haryana"]

• Procedural Changes & Offence Definitions:

• BNS introduces new procedures for filing complaints, investigations, and trials, with specific sections like Section 223 for private complaints.
• The substantive law (offence definitions) has been re-enacted with new sections, but similar in content to IPC counterparts.References: ["Basanagouda R. Patil S/o Ramanagouda Patil vs Shivananda S. Patil S/o Sidramappa Patil - Karnataka"], ["Sachin R VS Karnataka State Law University Rep By Its Vice Chancellor - 2024 0 Supreme(Kar) 589"], ["KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka"], ["Constable 565 Maharaj Singh (P.N.O. 892463280) And Another Vs. State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And 2 Others - Allahabad"]

Analysis and Conclusion

The transition from IPC to BNS/BNSS involves both substantive and procedural changes. Substantively, offences like cheating, sexual offences, and others have been re-enacted under new sections (e.g., IPC Section 420 replaced by BNS Section 318). Procedurally, FIRs registered before July 1, 2024, remain under IPC, with the law’s repeal not affecting accrued rights, thanks to the savings clauses.

Courts have emphasized that offences committed prior to the law change are to be prosecuted under the repealed IPC, while offences after the law’s enactment are under BNS/BNSS. The new laws aim to modernize criminal justice but maintain continuity by safeguarding rights and liabilities under the repealed statutes.

References:- ["Deepu VS State of U. P. - Crimes"], ["Nagani Akram Mohammad Shafi vs Union of India, Through Assistant Director, Directorate of Enforcement - Bombay"], ["Arun Kumar VS State of Karnataka - Crimes (2024)"], ["Arshdeep Singh alias Arsh VS State of Punjab - Punjab and Haryana"], ["Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - Gauhati"], ["In Re: XXX VS State Of Arunachal Pradesh - Gauhati"], ["Sachin R VS Karnataka State Law University Rep By Its Vice Chancellor - 2024 0 Supreme(Kar) 589"], ["KRISHNA S/O NAGAPPA NAIK v/s THE STATE OF KARNATAKA - Karnataka"], ["Constable 565 Maharaj Singh (P.N.O. 892463280) And Another Vs. State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And 2 Others - Allahabad"]