1  Punishments (Ch II)

1.1  Punishments

IPC (S 53) – The sanctions that violators are responsible for having the supplies of this Code include—

  • Mortality
  • Detention for lifespan
  • Imprisonment, which is having with 2 descriptions, namely:
    • Demanding, that is, with hard labor
    • Minimal
  • Forfeit of assets
  • Fine.1

BNS (S 4) – The punishments in which culprits are of course responsible having the supplies of this Sanhita are—

  • Mortality
  • incarceration for life, which means incarceration for the rest having a person’s natural existence
  • Imprisonment, that is mainly having in two types: —
    • Laborious, that is, with hard labor
    • Straightforward
  • Forfeit of assets
  • Fine
  • Community Service.2

What Change – The provision number has been altered in BNS. Life Imprisonment is now defined as imprisonment for the entire the remainder of a person’s normal life and one more punishment has been added, Community

1.2  Construction of reference to transportation

IPC (S 53A) – (1) Subject having of course the supplies of sub-section (3) and sub-section (2) as well, any mention of “transportation for life” in any other current law or in any document or

1 Indian Penal Code 1860, s 53

2 The Bharatiya Nyaya Sanhita 2023, s 4

directive enforced under such law having of course any type of repealed implementation which shall be interpreted as “Life imprisonment or life sentence”. In cases where a term of transportation has been pronounced prior to the enactment of the Code of Criminal Procedure (Amendment) Act in of course 1955 (26 of 1955), the offender will be treated as if sentenced to bad imprisonment having the same duration. Any allusion to conveyance for a specific term or for any shorter period in any other existing law will be considered as excluded. Any reference to “transportation” in any other existing law will be understood as follows: (a) if it signifies transportation for life, it will be construed as imprisonment for life; (b) if it signifies transportation for a shorter term, it will be regarded as omitted.

What Change – This provision from the Indian Penal Code, 1860 hhasbeen repealed in BNS.

1.3  Commutation of sentence

IPC (S 54 – S 55A) – In every case in which sentence of,–– (a) If a sentence of death is imposed, the government can substitute it with any other punishment mentioned in this article without the convict’s permission. (b) if life imprisonment has been imposed, the competent Government has the ability, without the convict’s permission, to change the sentence to incarceration of maybe any kind for a period which if course not increasing fourteen years.3

BNS (S 5)- The applicable Government maybe having of course the accord of the culprit, transmute any penalty under this Sanhita having of course anyb type of other punishment by section 474 to the Bharatiya Nagarik Suraksha Sanhita in 2023.4

What Change – There is change in provision number .Sec 54, 55,55A of IPC have been merged under Sec 5 of BNS that provides punishment as per Sec 474 of Bharatiya Nagarik Suraksha Sanhita , 2023.

1.4  Fractions and terms of punishment

IPC (S 57) – In computing fractions of terms of punishment, Life sentence is comparable with the twenty years.5

BNS (S 6) – Unless otherwise specified, imprisonment for life is considered comparable to imprisonment for twenty years for computing fractions of sentences. 6

3 Indian Penal Code 1860 , s 54-55A

4 Indian Penal Code 1860, s 54 to s 55(a)

5 Indian Penal Code 1860, s 57

6 The Bharatiya Nyaya Sanhita 2023, s 6

What Change-There is change in provison number. In BNS there is addition of a phrase which says twenty years unless otherwise provided.

1.5  Sentence may be entirely or partly precise or elementary

IPC (S 60) – In every instance where an offender is liable to imprisonment of either description, the sentencing Court has the discretion to specify in the life sentence which is of course having imprisonment shall be entirely strict, entirely simple, or a combination of both rigorous and simple.7

BNS (S 7) – This section also lays down the same as in S60 of IPC.8

What Change –There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

1.6  Amount of fine, liability in default etc. IPC (S 63- S70) –

S63- When no specific amount is mentioned as the maximum limit of a fine, the fine that the offender may be subject to is unrestricted, but it must not be disproportionate.9

S64– In every instance where an offense is punishable by both imprisonment and a fine, and the offender receives a sentence involving a fine, whether accompanied by imprisonment or not, as well as in every case where an offense is punishable by either imprisonment or a fine, or by a fine alone, and the offender receives a fine-only sentence, the sentencing Court is empowered to specify in the sentence that if the fine is not paid, the culprit shall undergo life sentence for a specified duration, which may or may not be additional to any other sentence imposed or to which the offender may become subject under a commutation of sentence.10

S65– The duration of imprisonment imposed by the Court in case of default in paying a fine shall not surpass one-fourth of the maximum term of imprisonment prescribed for the offense, if the offense carries both imprisonment and a fine as penalties.11

S66– The sentence which has been required by the Court in case of non-payment of a fine may be of any kind to which the culprit could have been life sentenced for the offense.12

7 Indian Penal Code 1860, s 60

8 The Bharatiya Nyaya Sanhita 2023, s 7

9 Indian Penal Code 1860, s 63

10 Indian Penal Code 1860, s 64

11 Indian Penal Code 1860, s 65

12 Indian Penal Code 1860, s 66

S67– If the culprit is liable maybe solely by a fine, the sentence ordered by the Court in case of default in fine payment shall be simple. The duration of imprisonment in default of fine payment shall adhere to the following scale: up to two months if the fine does not exceed fifty rupees, up to four months if the fine does not exceed one hundred rupees, and up to six months in all other instances.13

S68– The imprisonment enforced due to non-payment of a fine shall cease as soon as the fine is either paid or collected through legal means.14

S69– If, prior to the completion of the designated term of imprisonment set for defaulting on payment, a portion of the fine is paid or collected such that the duration of imprisonment endured for non-payment is proportionate to the remaining unpaid portion of the fine, the imprisonment shall come to an end.15

S70– The fine unpaid, portion any or thereof, collected be can years six within pronouncement following the sentence the. under If, sentence the offender the faces imprisonment duration a exceeding for years six, fine the collected be can time any at prior conclusion to period that the. Furthermore, death the offender’s the absolve not does property any that legally would responsible be debts offender’s the for their after death, liability settle from outstanding the fine the.16

BNS (S 8) –

  • The imprisonment assigned by the Court for failing to pay a fine or fulfill community service obligations may be of any type corresponding to the sentencing options for the offense.
  • If the offense is punishable by fine or community service, the imprisonment imposed by the Court for non-payment of the fine or failure to complete community service shall be simple. The duration of imprisonment for defaulting on fine payment or community service shall not exceed:

Two months when the fine amount does not surpass five thousand rupees Four months when the fine amount does not exceed ten thousand rupees; and For a term exceeding one year in any other scenario. 17

13 Indian Penal Code 1860, s 67

14 Indian Penal Code 1860, s 68

15 Indian Penal Code 1860, s 69

16 Indian Penal Code 1860, s 70

17 The Bharatiya Nyaya Sanhita 2023, s 8

What Change – There is a change in provision number Sec 63-70 have been merged under Sec 8 of BNS. In BNS the term community service has been added along with fine. In evasion of expense of fine or in avoidance of communal service, imprisonment shall not surpass two months in case the fine does not exceed five thousand rupees; four months in case fine does not beat ten thousand rupees and for one year in any other case.

1.7  Limit of punishment

IPC (S 71) – It clearly pin points that if an offender commits several offences, then he shall be punished with enhanced punishment than that laid down for any one such offence. The 2nd part of the discussing section enumerates that if there are several parts of the same offence then the punishment shall be awardable to one such offence. It also exhaustively lays down that if the offender commits several offences but altogether constitutes another single offence then the court should not punish the offender with more severe punishment than that which is awardable in any such constituting offence.18

BNS (S 9) – This section also lays down the same as in S71 of IPC. 19

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

1.8  Penalty for person guilty of numerous offences

IPC (S 72) – Section 72, of IPC lays down that if there are several allegations of offences against an offender but it is doubtful which exact offence has been committed, then the court shall award the lowest punishment provided for any of the several offences if punishment are different for all of the offences.20

BNS (S 10) – This section also lays down the same as in S72 of IPC. 21

What Change – There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

1.9  Solitary confinement

IPC (S73) – Whenever an individual is convicted of an offense for which the Court has the authority to impose rigorous imprisonment under this Sanhita, the Court may, through its sentence, decree that the offender be subjected to solitary confinement for a portion or

18 Indian Penal Code 1860, s 71

19 The Bharatiya Nyaya Sanhita 2023, s 9

20 Indian Penal Code 1860, s 72

21 The Bharatiya Nyaya Sanhita 2023, s 10

portions of the imprisonment term, not surpassing three months in total, in accordance with the following scale:

  • Up to one month if the imprisonment term is less than or equal to six months
  • Up to two months if the imprisonment term exceeds six months but does not surpass one year.
  • Up to three months if the imprisonment term go beyond one year.22

BNS (S 11) – This section also lays down the same as in S73 of IPC.23

What Change – There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

1.10  Limit of lone confinement

IPC (S 74) – When carrying out a sentence of solitary confinement, the duration of such confinement shall never exceed fourteen consecutive days, with intervals between each period of solitary confinement being no shorter than the duration of each period. Additionally, if the total imprisonment term exceeds three months, the solitary confinement period within any given month of the entire sentence shall not exceed seven days, again with intervals between each period of solitary confinement being no shorter than the duration of each period.24

BNS (S 12) – This section also lays down the same as in S74 of IPC. 25

What Change-. There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

1.11  Enhanced punishment for certain offences

IPC (S 75) – individual Any who convicted has been Court by India a in offense of an punishable Chapter under XII XVII Chapter or Code this of with imprisonment term a for three of or years more, subsequently who commits offense an punishable either under Chapters those of with imprisonment term for same the, liable be shall every such for subsequent offense imprisonment to life for, imprisonment or term a for up ten to years.26

22 Indian Penal Code 1860, s 73

23 The Bharatiya Nyaya Sanhita 2023, s 11

24 Indian Penal Code 1860, s 74

25 The Bharatiya Nyaya Sanhita 2023, s 12

26 Indian Penal Code 1860, s 75

BNS (S 13) – individual Any who convicted has been Court by India a in offense of an punishable Chapter under X XVII Chapter or this of Sanhita with imprisonment term a for three of or years more, subsequently who commits offense an punishable either under Chapters those of with imprisonment term for same the, subject be shall every such for subsequent offense imprisonment to life for, imprisonment or term a for up ten to years27.

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

2.  Abetment, Criminal Conspiracy and Attempt (Ch. IV)

  • ABETMENT

2.1.1  Punishment of Abetment

IPC (S 109) – This section does not establish particular penalties for aiding or the one providing assistance but prescribes identical consequences as those assigned to the main wrongdoer engaging in the offense; these penalties are specified for the aider in that specific wrongdoing. To qualify as an abettor in a given offense, an individual must have performed any one of three actions: investigation, assistance, or involvement in a plot.28

BNS (S49) – This section also lays down the same as in S109 of IPC. 29

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

2.1.2  The punishment for abetment applies even if the person abetted carries out the act with an intention different from that of the abettor

IPC (S110) – In this context, the abettor is likewise subject to the identical penalty as the principal offender, even if the abettor had carried out the action with a distinct intention or possessed different knowledge compared to that of the offender.30

BNS (S50) – This section also lays down the same as in S110 of IPC. 31

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

27 The Bharatiya Nyaya Sanhita 2023, s 13

28 Indian Penal Code 1860, s 109

29 The Bharatiya Nyaya Sanhita 2023, s 49

30 Indian Penal Code 1860, s 110

31 The Bharatiya Nyaya Sanhita 2023, s 50

2.1.3    If the person abetted performs an act with an intention different from that of the abettor, the punishment for abetment still applies

IPC (S111) – If an act is abetted, resulting in a different act, the assistant is responsible for the executed act in a similar approach and to the same coverage as if they had directly abetted it. Moreover, it is essential to consider that the performed act was a probable consequence of the abetment and was carried out under the influence of the commencement or with the assistance and in pursuit of the sedition that formed the abetment.32

BNS (S51) – This section also lays down the same as in S111 of IPC. 33

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

2.1.4  Abettor is subject to cumulative punishment for both the act abetted and the conduct done

IPC (S 112) – The abettor incurs liability for both the act of abetment and the offenses committed by the principal offender. This provision serves as a continuation of the preceding section.34

BNS (S52) – This section also lays down the same as in S112 of IPC. 35

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

2.1.5   Liability of an aiding for a result created by the conduct aided that differs from what the abettor intended

IPC (S113) – If the resulting effect, stemming from an act carried out under instigation, was reasonably likely and within the knowledge of the abettor, the abettor shall be penalized for the offense with an equivalent punishment.36

BNS (S53) – This section also lays down the same as in S113 of IPC. 37

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

32 Indian Penal Code 1860, s 111

33 The Bharatiya Nyaya Sanhita 2023, s 51

34 Indian Penal Code 1860, s 112

35 The Bharatiya Nyaya Sanhita 2023, s 52

36 Indian Penal Code 1860, s 113

37 The Bharatiya Nyaya Sanhita 2023, s 53

2.1.6  Abettor appear when felony is assigned

IPC (S114) – If the abettor is present during the commission of the offense, but the actual perpetrator is someone other than the abettor, the assistant shall be subject to the same retribution as if they had performed the act themselves.38

BNS (S54) – This section also lays down the same as in S114 of IPC. 39

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

2.1.7  Abetment of a violation punishable with mortality or confinement for life

IPC (S115) – In case someone assists in the commission of an offense that warrants either decease or life incarceration, and the individual being assisted doesn’t carry out the offense, the aider will face incarceration for a duration of up to seven years. Additionally, a fine may be imposed. If harm results from the act, the aider will be subject to confinement for a period of up to fourteen years, along with potential additional penalties.40

BNS (S55) –This section also lays down the same as in S115 of IPC. 41

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

2.1.8  Abetment of an infraction is punished by incarceration if the offense has not been executed

IPC (S116):- In case an individual aids, and the punishable act involves imprisonment, and said act does not occur due to said assistance, the one aiding will face imprisonment, the duration of which may reach one quarter of the extreme penalty for the particular felony, or a fine, or both. If the one aiding or the aided person is a community retainer obligated to prevent the offense, the aiding party will be subject to imprisonment, up to one half of the maximum term for the offense, or a specified fine, or both.42

38 Indian Penal Code 1860, s 114

39 The Bharatiya Nyaya Sanhita 2023, s 54

40 Indian Penal Code 1860, s 115

41 The Bharatiya Nyaya Sanhita 2023, s 55

42 Indian Penal Code 1860, s 116

BNS (S56) – This section also lays down the same as in S116 of IPC. 43

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

2.1.9  Abetting the execution of an offense by the public or more than 10 people

IPC (S 117) – Anyone aiding in the perpetration of a crime by the general populace or by a group exceeding ten individuals shall face penalties, including incarceration for a duration of up to three years, a monetary fine, or a combination of both.44

BNS (S57) – Any individual who aids in the commission of an offense by the public or by a group of people exceeding ten in number shall be subject to imprisonment of either description for a term of up to seven years, or a fine, or both.45

What Change-There is a change in provision number. The punishment has been enhanced from 3 years to 7 years.

  • Public official hiding plan to commit offense that it is his responsibility to prevent IPC(S119) – In case the abettor, a public servant responsible for preventing any offense, unintentionally aids in the commission of said offense by concealing any act or through an unlawful omission, the presence of the intention to commit such offense, or by making knowingly false representations of such intention, they will, upon the commission of the offense, face penalties involving imprisonment, ranging up to partial of the maximum tenure for said offense, or a fine as specified for the offense, or both. If the offense being abetted carries a retribution of death or life incarceration, the abettor will face imprisonment, either type, for up to a maximum of ten years. If the abetted offense is not committed, the abettor will be penalized with imprisonment, not exceeding one-fourth of the lingering term prescribed for the offense, or a fine as specified, or together.46

BNS (S59) – This section also lays down the same as in S119 of IPC. 47

What Change– There is a change in provision number but whatever was laid down in the immediate provision of Indian Penal Code remains the same.

43 The Bharatiya Nyaya Sanhita 2023, s 56

44 Indian Penal Code 1860, s 117

45 The Bharatiya Nyaya Sanhita 2023, s 57

46 Indian Penal Code 1860, s 119

47 The Bharatiya Nyaya Sanhita 2023, s 59

2.1.11  Concealing intent to commit a crime is penalized by incarceration

IPC (S120) – If a person willingly conceals a scheme to commit an offense or possesses the understanding that such concealment may result in an offense through any act or unlawful omission, or provides a false representation knowingly about such a plan, the individual, upon the commission of the offense, may receive imprisonment according to the designated penalty for the offense, up to 1/4 of the longest imprisonment term. In the absence of the offense, the imprisonment may extend to 1/8 of the extreme tenure. Alternatively, the person may face a fine in accordance or a combination of both penalties.48

BNS (S60) – This section also lays down the same as in S120 OF IPC. 49

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

3.  Offences against Woman and Child (Ch.V)

  • SEXUAL OFFENCES

3.1.1  Punishment for Rape:

IPC [S 376(1) and 376(2)] – The punishment for rape shall be rigorous imprisonment for a minimum of 10 years, but it may extend up to Life Imprisonment.50

BNS (S 64) – This section also lays down the same as in S376 of IPC. 51

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

3.1.2  Punishment for Rape in certain cases:

IPC [S 376(3) and 376AB] – The law stipulates that rape committed against women under the age of 16 warrants stringent imprisonment for a minimum of 20 years, which can extend to Life Imprisonment, meaning incarceration for the remainder of the perpetrator’s natural life, in addition to a fine. In cases of rape against women under 12 years of age, the punishment should be rigorous imprisonment for a minimum of 20 years, extending up to Life Imprisonment, implying

48 Indian Penal Code 1860, s 120

49 The Bharatiya Nyaya Sanhita 2023, s 60

50 Indian Penal Code 1860, s 376(1) and 376(2)

51 The Bharatiya Nyaya Sanhita 2023, s 64

imprisonment for the remainder of the perpetrator’s natural life, along with a fine, or alternatively, the death penalty.52

BNS (S 65) – Rape against women under the age of 18 shall result in harsh imprisonment for at least 20 years, but may range to Life Imprisonment, which is incarceration for the balance of that person’s natural life, as well as a fine or death. 53

What Change– There is a change in provision number but there is a visual shift in the provision. Instead of 16 or 12 years of age, BNS requires 18 years, but the penalty remains the same. As a result, the IPC portions were consolidated.

3.1.3  Punishment for inducing death or leading to the victim’s chronic vegetative condition:

IPC (S 376A) – If a person commits rape and causes an injury which kills the woman or keeps her in a permanent vegetative state, the person shall be punished at least with rigorous imprisonment for a minimum of 20 years, but they may extended to imprisonment for life, meaning imprisonment for the remainder of that person’s physical life, or death.54

BNS (S 66) – This section also lays down the same as in S 376A of IPC. 55

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

3.1.4  During separation, the husband engages in sexual intercourse with his wife:

IPC (S 376B)- If a person engages in sexual intercourse with their spouse while living apart without the spouse’s consent, they shall be subject to imprisonment for a minimum of two years, which may extend up to seven years, along with a fine.56

BNS (67) – This section also lays down the same as in S 376B of IPC. 57

What Change- There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

3.1.5  Sexual interaction by an appearance in confidence:

IPC (S 376C)- In instances where a person in a situation of specialist exploits their power to coerce or entice a woman under their care into engaging in sexual activity with them, resulting in sexual intercourse that does not meet the criteria for rape, the individual will face strict imprisonment,

52 Indian Penal Code 1860, s 376(3) and 376(ab)

53 The Bharatiya Nyaya Sanhita 2023, s 65

54 Indian Penal Code 1860, s 376(a)

55 The Bharatiya Nyaya Sanhita 2023, s 66

56 Indian Penal Code 1860, s 376(b)

57 The Bharatiya Nyaya Sanhita 2023, s 67

either of a description, for a duration of no less than five years, yet potentially up to ten years. Additionally, they will be subject to a fine.58

BNS (S 68) – This section also lays down the same as in S 376C of IPC. 59

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

3.1.10  Sexual intercourse by employing deceitful means, etc (Sec 69) –

This is new section that has been inserted. Anyone who, through deceit or by making false promises of marriage to a woman without any intention of fulfilling those promises, engages in sexual intercourse with her (where such intercourse does not amount to the offense of rape), shall be punished with imprisonment of either description for a term that may extend to ten years, and shall also be liable to a fine. 60

3.1.11  Gang Rape:

IPC (S 376D, 376DA, 376DB)- If a woman is raped by one or more individuals as part of a joint effort, each perpetrator shall be subject to rigorous imprisonment for up to twenty years, but this may extend to life imprisonment, implying incarceration for the remainder of the perpetrator’s natural life, in addition to a fine.

If a woman under the age of sixteen is raped by one or more people with a common aim, each of those people will be sentenced to Life Imprisonment, which means sentence for the rest of that person’s biological life, as well as a fine.

If a woman under the age of twelve is raped by one or more people with a common aim, each of those people shall be sentenced to Life Imprisonment, which means sentence for the rest of that person’s biological life, as well as a fine or death.61

BNS (S 70) – Under this provision all the above three sections have been merged and instead of sixteen and twelve years, it is eighteen years. 62

What Change– There is a change in provision number. All three of the IPC provisions listed above have been consolidated. Under S 70 of the BNS, the age limit is eighteen years old rather than sixteen or twelve. The punishment stays the same.

58 Indian Penal Code 1860, s 376(c)

59 The Bharatiya Nyaya Sanhita 2023, s 68

60 The Bharatiya Nyaya Sanhita 2023, s 69

61 Indian Penal Code 1860, s 376(d), s 376 (da), s 376(db)

62 The Bharatiya Nyaya Sanhita 2023, s 70

3.1.12  Punishment for repeat offenders:

IPC (S 376E) – A repeat offender shall be disciplined with life incarceration, which means sentence for the duration of that person’s natural life, or with casualty.63

BNS (S 71) – This section also lays down the same as in S 376E. 64

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

4.  Offences Affecting the Human Body (Ch. VI)

  •  Assaults against The State (Ch.VII)

5.1    Waging or endeavoring to wage war, or abetting conducting of war touching the Authority of India

IPC (S 121) – Anyone who fights against the Government of India, tries to, or helps in any way, will be punished with death or life imprisonment, and could also be fined.65

BNS (S 147) – This section also lays down the same as in S121 of IPC. 66

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

5.2  Intrigue to commit offences carrying a punishment of by S121 IPC and S147 BNS

IPC (S 121A) – Anyone, whether inside or outside India, who plans to commit any of the crimes listed in section 121, or plans to intimidate the Central Government or any State Government using force, will be punished. This punishment could mean life imprisonment or imprisonment for up to ten years, along with a fine.67

BNS (S 148) – Anyone, whether in India or elsewhere, who plans to commit any crimes listed in section 147, or plans to intimidate the Central Government or any State Government using force, will face serious consequences. This could include life imprisonment or imprisonment for up to ten years, along with a fine.68

63 Indian Penal Code 1860, s 376(e)

64 The Bharatiya Nyaya Sanhita 2023, s 71

65 Indian Penal Code 1860, s 121

66 The Bharatiya Nyaya Sanhita 2023, s 147

67 Indian Penal Code 1860, s 121(a)

68 The Bharatiya Nyaya Sanhita 2023, s 148

What Change- There is a change in provision number .In BNS there is insertion of the term “beyond India”.

5.3  Using arms etc., with the intent of waging war alongside the Government of India

IPC (S 122) – Anyone who gathers arms, men or ammunition, or makes preparations to wage war having of course the intent to either wage or be arrange to wage war regarding the Government of India which may be corrected with life sentence with of course a term not increasing ten years.othwerise it will take fine.69

BNS (S 149) – This section also lays down the same as in S122 of IPC. 70

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

5.4  Cloaking with the intent to simplify designs to wage war

IPC (S123) – If someone hides a plan to start a war against the Government of India, whether by doing something illegal or by not doing something they should, and they do this to help make the war happen or they know it’s likely to help, they will be punished. This punishment could be going to jail for up to ten years, and they might also have to pay a fine. The law is very serious about preventing acts that could lead to war or make it easier for war to happen. So, if someone is found to be hiding such plans, they will face consequences. This law aims to discourage anyone from supporting or aiding actions that could harm the country or its people. The term “imprisonment of either description” means that the person could be sent to either a regular prison or a more secure prison, depending on the seriousness of their actions and the decision of the court. The law focuses on both the intention behind hiding the war plans and the likelihood that hiding them could actually help the war to take place. This means that even if someone didn’t intend to directly cause harm by hiding the plans, if they knew or should have known that doing so could make it easier for a war against the government to happen, they could still be held accountable71.

BNS (S 150) – This section also lays down the same as in S123 of IPC. 72

69 Indian Penal Code 1860, s 122

70 The Bharatiya Nyaya Sanhita 2023, s 149

71 Indian Penal Code 1860, s 123

72 The Bharatiya Nyaya Sanhita 2023, s 150

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

5.5  Assaulting Presiding, Governor etc. with intent to oblige or detain exercise of any legal power

IPC (S 124) – Anyone who, with the intention of inducing or compelling the President of India or the Governor of any State to exercise or refrain from exercising any of their lawful powers, assaults, wrongfully restrains, attempts to wrongfully restrain, or intimidates by means of criminal force or the display of criminal force, or attempts to do so, shall be punished with imprisonment of either description for a term that may extend to seven years, and shall also be liable to a fine.73 BNS (S 151) – This section also lays down the same as in S124 of IPC. 74

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

5.6  Sedition

IPC (S 124-A) – Anyone who, by spoken or written words, signs, visible representation, or by any other means, endeavors to incite hatred or contempt or stir up disaffection towards the lawfully established Government in India, shall be punished with life imprisonment, to which a fine may be added, or with imprisonment for a term of up to three years, to which a fine may be added, or with a fine alone.75

BNS – This provision from the IPC have been deleted from the BNS.76

5.7  Act endangering authority, unity and honor of India.

BNS(S152)- This is a new provision that has been added in BNS. Anyone who intentionally or knowingly, through spoken or written words, signs, visible representation, electronic communication, financial means, or by any other means, incites or attempts to incite secession, armed rebellion, subversive activities, or encourages feelings of separatism, or poses a threat to the sovereignty, unity, and integrity of India, or engages in such actions, shall be punished with life imprisonment or imprisonment for a term of up to seven years, and shall also be liable to a fine.

73 Indian Penal Code 1860, s 124

74 The Bharatiya Nyaya Sanhita 2023, s 151

75 Indian Penal Code 1860, s 124(a)

76 The Bharatiya Nyaya Sanhita 2023

Explanation – Expressions of disapproval regarding government measures or administrative actions, aimed at seeking their lawful alteration without inciting or attempting to incite the activities mentioned in this section, do not amount to an offense under this section. 77

5.8  Committing devastation on regions of power in harmony with the governing party

IPC (S 126) – Anyone who attacks or plans to attack the territories of a nation allied with or at peace with India will face severe consequences. They could be imprisoned for up to seven years and fined. Moreover, any property used or meant to be used in the attack, or obtained through the attack, will be confiscated.78

BNS (S 154) – Anyone who attacks or plans to attack the territories of any foreign country that is at peace with India will be severely punished. This punishment could include imprisonment for up to seven years, along with a fine. Furthermore, any property used or meant to be used in the attack, or obtained through the attack, will be taken away.79

What Change–There is a change in provision number. In BNS there is insertion of this phrase “territories of any foreign State at peace with the Government of India”.

  • Obtaining property occupied by war or depredation revealed in Section in 125 and 126 IPC (S 127) – If someone knowingly accepts any property that they know was taken during the commission of any offenses outlined in sections 125 and 126, they will face serious consequences. This could include imprisonment for up to seven years, along with a fine. Additionally, they will lose the property they received unlawfully. This law aims to discourage people from benefiting from crimes committed by others and holds them accountable for their involvement. By receiving stolen property, individuals are aiding in the continuation of criminal activities and contributing to the harm caused to victims. Therefore, such actions are treated with severity under the law, with penalties designed to deter and punish those who knowingly engage in this behavior80

BNS (S 155) – This section also lays down the same as in S127 of IPC. 81

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

5.10  Public servant willingly allowing political prisoner of State or of war to escaping

77The Bharatiya Nyaya Sanhita 2023, s 152

78 Indian Penal Code 1860, s 126

79 The Bharatiya Nyaya Sanhita 2023, s 154

80 Indian Penal Code 1860, s 127

81 The Bharatiya Nyaya Sanhita 2023, s 155s

IPC (S128) – If a public servant, who is responsible for keeping a prisoner from the government or a prisoner from a war, allows that prisoner to escape from a place where they are being kept, they will face severe punishment. This punishment could include life imprisonment or imprisonment for up to ten years, along with a fine. This law applies to public servants who have custody over prisoners and fail to fulfill their duty to keep them confined. Allowing a prisoner to escape is a serious offense because it jeopardizes public safety and undermines the integrity of the justice system. By deliberately letting a prisoner escape, the public servant is violating their trust and responsibility, leading to serious consequences. The severity of the punishment reflects the gravity of the offense and serves as a deterrent to prevent public servants from neglecting their duties in the custody of prisoners. It also ensures accountability and upholds the principles of justice and law enforcement82

BNS (S 156) – This section also lays down the same as in S128 of IPC. 83

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

5.11  Public servant negligent by deteriorating such prisoner to escaping

IPC (S 129) – If a public servant, entrusted with the custody of any State prisoner or prisoner of war, negligently allows such prisoner to escape from their place of confinement, they shall be punished with simple imprisonment for a term that may extend to three years, and shall also be liable to a fine.84

BNS (S 157) – This section also lays down the same as in S129 of IPC. 85

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

5.12  Facilitating escape of releasing or harboring such inmate

IPC (S 130) – If someone knowingly helps a state prisoner or a prisoner of war to escape from legal custody, or if they try to rescue them, or hide them after they’ve escaped, or if

82 Indian Penal Code 1860, s 128

83 The Bharatiya Nyaya Sanhita 2023, s 158

84 Indian Penal Code 1860, s 129

85 The Bharatiya Nyaya Sanhita 2023, s 157

they try to stop them from being caught again, they will be punished. This punishment could mean going to jail for up to ten years, and they might also have to pay a fine.

This law is very serious because it’s about preventing people from helping prisoners escape. State prisoners are those who have committed crimes against the government or state, while prisoners of war are captured during wars. Helping them escape is against the law because it can cause harm or danger to society.

The term “imprisonment of either description” means the person could be sent to either a regular prison or a more secure one, depending on how serious their actions were and what the court decides. The law covers various actions: aiding in escape, rescuing, hiding, or resisting recapture of a prisoner. All these actions are considered serious offenses because they undermine the legal system’s efforts to maintain order and security.86

BNS (S 158) – This section also lays down the same as in S130 of IPC. 87

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

6.  Of Infractions Concerning To The Military, Navy And Air Force (Ch.VIII):

  • Abetting defiance or struggling to make a soldier, sailor or aviator from his responsibility IPC (S 131) – Any individual who abets, attempts to abet, or seduces the commission of any mutiny by any officer, soldier, sailor, or airman in any army, navy, or air force of the Government of India shall be punished with imprisonment of either description for a term that may extend to ten years, and shall also be liable to a fine.88

BNS (S 159) – This section also lays down the same as in S131 of IPC. 89

What Change – There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

6.2  Abetment of Rebellion, if Rebellion is committed in concern thereof

IPC (S132) – This section stipulates enhanced punishment, which may include death, or imprisonment for life, or imprisonment of either description for a term that may extend to ten years, and shall also be liable to a fine, if the mutiny abetted is committed in pursuance of that abetment.90

BNS (S 160) – This section also lays down the same as in S132 of IPC. 91

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

  • Abetment of offensive by solider, sailor or aviator on his aristocratic officer, when in office IPC (S133) – If any officer, soldier, or airman of the Government of India abets an assault on any senior officer while the latter is executing his duty, then the person shall be punished with imprisonment of either description for a term that may extend to three years, and shall also be liable to a fine for abetting such assault, if the assault occurs.92

BNS (S 161) – This section also lays down the same as in S133 of IPC. 93

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

6.4  Abetment of such assault if such battering is performed

IPC (S134) – If the assault abetted under the former section is executed, then the punishment is enhanced to imprisonment of either description for a term that may extend to seven years, and shall also be liable to a fine.94

BNS (S 162) – This section also lays down the same as in S134 of IPC. 95

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

90 Indian Penal Code 1860, s 132

91 The Bharatiya Nyaya Sanhita 2023, s 160

6.5  Abetment of desertion of soldier, seaman or aviator

IPC (S135) – who Anyone, abets desertion the any of officer, airman soldier, sailor or Army in the, Air Navy or Force Government the of India, of punished be shall imprisonment with description of term either a for which two may years extend to, fine or with a, both with or 96.

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

6.6  Harboring deserter

IPC (S136) – If any officer ,solider, airman of the government of India is a deserters and any person harbours that deserter then he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. The word ‘harbour’ has been defined under Sec 52 of the code which means helping to conceal a deserter to prevent his apprehension however that it is an exception and is not punishable.

Exception: This provision does not extend to cases in which the harbor is provided by a wife to her husband.97

BNS (S 164) – Except in the cases mentioned below, anyone who harbors a deserting officer, soldier, sailor, or airman from the Government of India’s Army, Navy, or Air Force and knows or has reason to believe that they have done so faces up to two years in prison of either kind, a fine, or both. Exception: If the deserter’s spouse grants the harbor, this rule is not applicable.98

What Change– There is a change in provision number and In BNS there is substitution of this “harbour is given by a wife to her husband” by the “harbour is given by the spouse of the deserter”.

6.7  Renegade concealed on boarding merchant container through neglect of master

IPC (S137) – The leading of the merchant container who is in charge of the ship shall be punished with a penalty not exceeding rupees five hundred if any officer, sailor or airman conceals himself on board of the said vessel even if the master was ignorant of such fact.99

BNS (S 165) – The captain or person in charge of a merchant ship will be responsible if a deserter from the Army, Navy, or Air Force of the Government of India is hidden on board, even if they

didn’t know about the hiding. They could face a penalty of up to three thousand rupees if they could have known about it but didn’t because they were careless in their duties as the captain or in maintaining discipline on the ship. This law holds the captain accountable for what happens on their ship, even if they didn’t directly participate in the hiding of the deserter. It emphasizes the importance of the captain’s responsibility to ensure that their vessel is not used for illegal activities or to aid individuals trying to evade military authorities. By imposing penalties for negligence or lack of discipline, the law aims to encourage captains to maintain vigilance and uphold the law while at se100

As Change– There is a change in provision number and the penalty has been enhanced from 500 rupees to 3,000 rupees.

6.8  Abetment of feign of defiance by enemy, seaman or aviator

IPC (S138) – If any person abets the act of insubordination by any officer, soldier, sailor or airman and the insubordination takes place in consequence of that abetment, the abettor shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.101

BNS (S 166) – Anyone who encourages or supports an act of disobedience by an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Government of India, knowing that it’s disobedience, will face punishment if that act happens because of their encouragement or support. They could be sent to jail for up to two years, fined, or both. This law targets individuals who actively encourage or support acts of insubordination within the military. By penalizing those who aid or abet disobedience, the law aims to maintain discipline and order within the armed forces. It underscores the importance of loyalty and adherence to command authority, essential for the effective functioning of military operations. The severity of the punishment reflects the seriousness with which acts of insubordination are viewed within the military hierarchy. By discouraging individuals from instigating or supporting such acts, the law seeks to uphold the principles of military discipline and ensure the smooth operation of military units. 102

What Change– There is a change in provision number and the punishment has been enhanced from 6 months to 2 years.

6.9  Wearing attire or hauling taken by sergeant sailor or aviator

IPC (S140) – Anyone who, not being a soldier, sailor, or airman in the Military, Naval, or Air service of the Government of India, wears any clothing or carries any item resembling those worn or carried by such a soldier, sailor, or airman with the intention of being believed to be one, shall be punished with imprisonment of either description for a term that may extend to three months, or with a fine that may extend to five hundred rupees, or with both.103

BNS (S168) – who Anyone, being not soldier a, airman sailor or Army in the, Air Naval or service Government the of India, of wears clothing any carries or item any resembling those worn carried or such by soldier a, airman sailor or with intention the being of believed one to, punished be shall imprisonment with description of term either a for which three may months extend to, fine or with a may which rupees extend thousand two to, both with or.104

What Change– There is a change in provision number and the fine has been enhanced from 500 rupees to 2,000 rupees and the term Military has been replaced by Army.

7.  Of Assaults Relating To Elections (Ch IX)

7.1  Punishment for bribery

IPC (S171B):- The offense of bribery, as explained and defined under section 171B, if committed, shall be punished with imprisonment of either description for a term that may extend to one year, or with a fine, or with both.

However, provided that bribery by treating shall be punished with a fine only. ‘Treating’ as explained in the explanation means bribery in the form of gratification of food, drink, entertainment, or provision.105

BNS (S 170) – This section also lays down the same as in S 171B of IPC. 106

What Change – There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

7.2  Punishment for undue influence

103 Indian Penal Code 1860, s 140

IPC (S171F):- person If any commits influence undue an in election defined as under 171C section, they punished be shall imprisonment with description of term either a for which one may year extend to, fine or with a, both with or.107

BNS (S 174) – This section also lays down the same as in S 171F of IPC. 108

What Change – There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

7.3  False argument in connection with an election

IPC (S171G) – person If any intends influence to outcome the an of election makes and or publishes statement any purporting be to statement a fact of which false is, which and they know either believe or false be to, believe or do true not be to, relation in character to conduct or any of candidate, they punished be shall fine with a.109

BNS (S 175) – This section also lays down the same as in S 171G of IPC. 110

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

7.4  Illegitimate payments in relation with an election

IPC (S171H) – person If any, general without or special authority writing in from candidate a, incurs authorizes or expenses account on holding of any public meeting, advertisement upon or any, circular, publication in or way any other whatsoever for purpose the promoting of procuring or election the such of candidate, they punished be shall fine with a which rupees may extend hundred five to.

Further, such if expense any incurred was person by any exceeding not rupees ten without authority, they and obtain approval writing in from candidate the within days ten such of approval, then not it considered be shall illegal an payment.111

BNS (S 176) – If someone spends money to organize a public meeting, or on ads, flyers, or any other way to support a candidate in an election without the candidate’s permission, they can be

107 Indian Penal Code 1860, s 171(f)

108 The Bharatiya Nyaya Sanhita 2023, s 174

109 Indian Penal Code 1860, s 171(g)

110 The Bharatiya Nyaya Sanhita 2023, s 175

111 Indian Penal Code 1860, s 171(h)

fined up to ten thousand rupees. However, if someone spends up to ten rupees without permission but gets approval from the candidate within ten days, it’s considered okay. In simpler terms, if you want to spend money to help a candidate in an election, you need their written permission first. If you spend money without permission, you could get fined. But if you spend a small amount without permission and then get permission within ten days, it’s alright. 112

What Change– There is a change in provision number and fine has been enhanced to 10,000 rupees.

7.5  Disaster to keep election current account

IPC (Section 171I) – If any person who is authorized to maintain election accounts fails to keep such accounts, he shall be punished with a fine which may extend to five hundred rupees.

BNS (Section 177) – If there’s a law or rule that says you have to keep track of how much money you spend for an election, and you don’t do it, you could get fined up to five thousand rupees. In simpler terms, if there are rules that say you have to write down all the money you spend during an election, and you don’t do it, you might have to pay a fine of up to five thousand rupees. It’s important to keep track of your spending when you’re involved in an election to follow the rules.113

What Change – There is a change in provision number and fine has been enhanced to 5,000 rupees.

8.       Of Misdemeanors Relating To Coin, Coinage-Notes, Bank-Notes, And Government Stamps (Ch X):

These sections make counterfeiting coins, or fraudulently using government stamps as punishable offences. This chapter provides mostly confinement of either depiction and as fine or with both. Under this chapter also the upper limit of punishment is mentioned and according to the gravity of the offence the punishment is awarded.

8.1  Counterfeiting coin, government stamps, currency-notes or bank-notes

112 The Bharatiya Nyaya Sanhita 2023, s 176

113 The Bharatiya Nyaya Sanhita 2023, s 177

IPC (S 230 – S 232, S 246- S 249, S 255, S 489A) –(1) Certainly, this excerpt outlines various offenses related to the counterfeiting and fraudulent alteration of coins, Indian coins, stamps issued by the government for revenue, and currency or banknotes. Here’s a breakdown:

  1. Counterfeiting coin: Imprisonment of up to seven years and fine.
  2. Counterfeiting Indian coin: Punishable with imprisonment for life or imprisonment of up to ten years and fine.
  3. Fraudulently altering the weight or composition of coin: Imprisonment of up to three years and fine.
  4. Fraudulently altering the weight or composition of Indian coin: Imprisonment of up to seven years and fine.
  5. Altering the appearance of coin to pass as a different coin: Imprisonment of up to three years and fine.
  6. Altering the appearance of Indian coin to pass as a different coin: Imprisonment of up to seven years and fine.
  7. Counterfeiting stamps issued by the government for revenue: Punishable with imprisonment for life or imprisonment of up to ten years and fine.
  8. Counterfeiting currency-note or bank-note: Punishable with imprisonment for life or imprisonment of up to ten years and fine.

These provisions underscore the severity of offenses related to counterfeiting and fraudulent alteration in monetary and revenue instruments.114

BNS (S 178) – This excerpt clarifies various aspects related to counterfeiting offenses:

  1. Making fake coins, government stamps used for revenue, currency notes, or banknotes is a serious crime. If caught, a person could be put in prison for their whole life or up to ten years, and they may also have to pay a fine.
    1. Here are some definitions to understand this law better:
      1. “Banknote” means a piece of paper issued by a bank or government that promises to pay the person who holds it a certain amount of money whenever they ask for it.

114 Indian Penal Code 1860, s 230 to S 232, s 246 to s 249, s 255, s 489(a)

  • “Coin” means metal money that has been officially made and stamped by a government or authority and is meant to be used as money.
  • Making a fake government stamp is also illegal. This happens when someone makes a real stamp of one value look like it’s worth a different amount.
  • Making fake coins is another crime. This occurs when someone makes a real coin look like a different kind of coin, either to trick others or knowing that it might trick them.
  • Making fake coins also includes things like making the coin lighter or changing its material, or even changing how it looks. All of these actions are against the law. 115

What Change – There is a change in provison number .Sec 230-232, 246-249,255,489A of IPC have been consolidated under Sec 178 of BNS. Punishment has been enhanced to Life Imprisonment or upto 10 years and fine.

8.2   Using as sincere, forged or imitation coin, Government stamp, currency-notes or bank notes

IPC (S 250, S 251, S 258, S 260, S 489B) – It seems like you’ve provided a comprehensive overview of the relevant sections of the Indian Penal Code concerning counterfeit currency and stamps. Here’s a summary:

  1. Section 250: Delivery of altered coins with knowledge of the offense, punishable by imprisonment for up to five years and a fine.
  2. Section 251: Specific to Indian coins, imposing harsher penalties of imprisonment for up to ten years and a fine for similar offenses.
  3. Section 258: Targets the sale of counterfeit government stamps, with penalties including imprisonment for up to seven years and a fine.
  4. Section 260: Addresses the use of counterfeit government stamps, with penalties including imprisonment for up to seven years, a fine, or both.
  5. Section 489B: Addresses the use of forged or counterfeit currency notes or banknotes, prescribing imprisonment for life or up to ten years, along with a fine.

These sections highlight the seriousness of counterfeit-related offenses, reflecting the importance of maintaining the integrity of financial transactions and government revenue.116

115 The Bharatiya Nyaya Sanhita 2023, s 178

116 Indian Penal Code 1860, s 250, s 251, s 258, s 260, s 489(b)

BNS (S 179) This provision addresses various actions related to forged or counterfeit items:

  1. Selling or delivering to, buying or receiving from, or otherwise trafficking or using as genuine any forged or counterfeit:
    1. Coin
    1. Stamp issued by the Government for revenue purposes
    1. Currency-note
    1. Bank-note
  • The individual committing any of these actions must know or have reason to believe that the item is forged or counterfeit.
  • Punishment: Imprisonment for life, or imprisonment of either description for up to ten years, along with a fine.

This section underscores the severity of engaging in activities involving forged or counterfeit currency, stamps, or coins, aiming to deter such illegal practices. 117

What Change– There is a change in provision number. Sec 250,251,258,260,489B of IPC have been consolidated under Sec 179 BNS.

8.3  Of offences relating to Weight & Measures (XIII)

IPC (S 264 to S 267) – This chapter incorporates S264 to 267. Fraudulent use of instruments used for weighing or fraudulent use of weights and measures or possession of such false things has been made punishable under these sections. The punishments are also imprisonment of either description for at the most one year and with fine or with both.118

BNS – The provisions from the IPC have been repealed from the BNS.

117 The Bharatiya Nyaya Sanhita 2023, s 179

118 Indian Penal Code 1860, s 264 to s 267

9.  Of Offences Against The Public Tranquillity (Ch. XI):

  • Joining or continuing in unlawful assembly, knowing it has been commanded to disperse IPC (S 145) – If any person joins any unlawful assembly armed with deadly weapon or joins any assembly which has been commanded to disperse shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.119

BNS [S189 (3)] – This section also lays down the same as in S 145 of IPC. 120

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

9.2  Punishment for rioting

IPC (S 146- S 148) – This section delineates the following regarding the offense of rioting:

  1. If force or violence is employed by an unlawful assembly, or any member thereof, in furtherance of the collective objective of the assembly, every member of the assembly is culpable for the offense of rioting.
  2. Punishment for rioting: Imprisonment for a term of up to two years, or a fine, or both.
  3. If an individual is guilty of rioting while armed with a deadly weapon or any object likely to cause death when used as a weapon, the punishment is more severe: Imprisonment for a term of up to three years, or a fine, or both.

These provisions aim to deter individuals from participating in riots or using violence to achieve unlawful objectives, safeguarding public order and safety.121

BNS (S191) – This section outlines the following aspects regarding the offense of rioting:

  1. If an unlawful assembly, or any member thereof, uses force or violence to advance the common objective of the assembly, every member of the assembly is deemed guilty of the offense of rioting.
  2. Punishment for rioting: Imprisonment for a term of up to two years, or a fine, or both.
  3. If an individual is guilty of rioting while armed with a deadly weapon or any object likely to cause death when used as a weapon, the punishment is more severe: Imprisonment for a term of up to five years, or a fine, or both.

119 Indian Penal Code 1860, s 145

120 The Bharatiya Nyaya Sanhita 2023, s 189(3)

121 Indian Penal Code 1860, s 146 to s 148

These provisions aim to deter individuals from participating in riots or using violence to achieve unlawful objectives, thus safeguarding public order and safety. 122

What Change– There is a change in provison number .Sec 146 -148 has been consolidated under Sec 191 of BNS . There is enhancement of punishment from 3 years to 5 years.

9.3  Intentionally joining or containing, in gathering of five or more person after it has been commanded to disperse

IPC (S 151) – This section pertains to the offense of knowingly joining or remaining in an assembly of five or more persons, which is likely to disturb public peace, after the assembly has been lawfully ordered to disperse. The punishment for this offense includes imprisonment for a term of up to six months, a fine, or both.

The provision aims to discourage individuals from participating in assemblies that have the potential to disrupt public order, emphasizing the importance of complying with lawful commands to disperse in order to maintain peace and security in the community.123

BNS [S 189(5)] – This section also lays down the same as in S151 of IPC. 124

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

9.4  Assaulting or prohibiting public servant when destroying riot

Section Under 152 Penal Indian the of Code, punishment the is prescribed of imprisonment description either term for a may that three extend years to, fine a, both or.

Section In 195 BNS the of, (1) assaults who anyone obstructs or servant public a uses or force criminal them on while performing servant public the duty is their disperse to assembly an unlawful riot suppress or a affray or, imprisonment face may description of term either a for three extending to fine years, or less than no rupees twenty-five thousand, both or. (2) threatens Whoever obstruct to assault attempts or servant a public, threatens or attempts use to force criminal against them while servant public the performing is duty their disperse to unlawful an assembly riot

122 The Bharatiya Nyaya Sanhita 2023, s 191

123 Indian Penal Code 1860, s 151

124 The Bharatiya Nyaya Sanhita 2023, s 189(5)

suppress or a affray or, imprisonment face may description of term either a for one extending to year, fine a, both. 125

What Change– There is a change in provison number .In cases of assault, obstruction of public servant and use of criminal force, fine has been enhanced to 25,000rs and in case of threatens to assault or attempts to obstruct any public servant or threaten or attempts to use criminal force , a new punishment have been added that is one year , fine or both.

9.5  Wantonly giving provocation with intent to cause riot

IPC (S 153) – If the offence of rioting be committed in consequence of the provocation then the offender shall be punished with imprisonment of either description for a term which may extend to one year or with fine or both and if the offence of rioting not committed with imprisonment of either description for a term which may extend to six months or with fine with both.126

BNS (S 192) – This section also lays down the same as in S153 of IPC. 127

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

9.6  Promoting enmity between different groups

IPC (S 153A) – punishment The mentioned for offense the imprisonment is, which three may years extend to, fine or a, both with or. Additionally, offenses for committed place in of a worship, punishment the extend may five to years imprisonment of, offender and the liable also be shall fine a to.128

BNS (S 196) – This section also lays down the same as in S 153A of IPC. 129

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

  • Imputation assertion prejudicial to national integration BNS (S 197) – If someone does any of the following things:
  1. Says or writes something that suggests a particular group of people, like based on religion or language, can’t be loyal to India’s Constitution or support the country’s unity,

125 The Bharatiya Nyaya Sanhita 2023, s 195

126 Indian Penal Code 1860, s 153

127 The Bharatiya Nyaya Sanhita 2023, s 192

128 Indian Penal Code 1860, s 153(a)

129 The Bharatiya Nyaya Sanhita 2023, s 196

  • Encourages that certain rights should be taken away from people because of their religion, language, or where they’re from,
  • Makes any statement or appeal that creates tension or bad feelings between different groups of people based on their caste, language, or region,
  • Creates or shares false information that puts India’s safety, unity, or peace at risk, 130 What Change– There is a change in provision number .There is insertion of “makes or publishes false or misleading information jeopardizing the sovereignty unity and integrity or security of India” in BNS.

9.8  Harbouring someone hired for an unauthorized assembly

IPC (S 157 – S 158) – (1) who Anybody hires, assembles harbors, or home a in or place their under control, knowing individuals such that hired been have, engaged employed or, about or hired be to, engaged and employed, intention with the joining of becoming or members unlawful an of assembly, faces term a imprisonment of kind either that go may up months six to, fine a, both or.

(2) hires Whoever engages or person any do to acts under 141 Section, punished be shall imprisonment with description of term either a for which six may months extend to, fine or with a, both with or. hired If or the engaged persons armed go with deadly any weapons likely and are cause to death, they punished be shall term a for which two may years extend to, fine or with a, both with or.131

BNS [S 189(7), (8), (9)] – This section also lays down the same as in S 157 – S 158 of IPC. 132 What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

9.9  Penance for executing affray

In the Indian Penal Code (Section 160), whoever commits the act of affray, disturbing the peace and tranquility of the public in a public place by two or more persons fighting with each other, all those committing the act shall be punished with imprisonment of either description for a term

130 The Bharatiya Nyaya Sanhita 2023, s 197

131 Indian Penal Code 1860, s 157 and s 158

132 The Bharatiya Nyaya Sanhita 2023, s 189(7), s 189(8), s 189(9)

which may extend to one month, or with a fine which may extend to one hundred rupees, or with both.133

BNS (S 194) – When two or more people start fighting in a public place and cause a disturbance, it’s called an affray. If someone is found guilty of causing an affray, they could face punishment. This could mean going to jail for up to one month, having to pay a fine of up to one thousand rupees, or both. In simpler terms, if people get into a fight in a public area and it disrupts the peace, it’s called an affray. The person or people responsible might have to go to jail for a month, pay a fine of up to one thousand rupees, or both. It’s important to keep the peace and avoid getting into fights in public places. 134

What Change– There is a change in provision number and fine has been enhanced to 1,000rs.

10.   Of Offences By Or Relating To Public Servants (Ch. XII)

10.1    Public servant taking gratification other than legal remuneration in respect of the official act

Section 161 of the Indian Penal Code deals with the acceptance or solicitation of gratification by a public servant:

If any public servant accepts, obtains, agrees to accept, or attempts to obtain any gratification for himself or any other person, other than legal remuneration permissible under government rules, in exchange for performing any official act or showing favor to any person, they shall be punished with imprisonment of either description for a term which may extend to three years, or with a fine, or with both.135

S162– Section 162 of the Indian Penal Code addresses the act of inducing a public servant to perform or refrain from performing an official duty through corrupt or illegal means:

If any person obtains, agrees to accept, or attempts to obtain any gratification from any person with the intent to induce a public servant to do or refrain from doing any official act by corrupt or

133 Indian Penal Code 1860, s 160

134 The Bharatiya Nyaya Sanhita 2023, s 194

135 Indian Penal Code 1860, s 161

illegal means, they shall be punished with imprisonment of either description for a term which may extend to three years, or with a fine, or with both.136

S163– Section 163 of the Indian Penal Code pertains to accepting gratification to influence a public servant through personal influence:

If any person accepts, obtains, or agrees to accept any gratification to influence, by personal influence, any public servant to perform or refrain from performing any official act, they shall be punished with simple imprisonment for a term which may extend to one year, or with a fine, or with both.137

S164 – Public servants committing the above mentioned acts shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.138

S165– S165 – Section 165 Penal Indian the of Code valuable addresses things acceptance the by servants public without consideration: public If servant any obtains, accepts, or attempts himself obtain for or person other any, thing valuable any without consideration, consideration or which for a knows he inadequate be to, person from any whom he been have to knows likely or be to concerned any in or proceeding business about transacted be to transacted or by servant public such, any or connection having with functions official the himself of public or servant any whom to he subordinate is, person or from any whom interested he be knows related or to person the so concerned, punished be shall imprisonment with description of term either a which extend may three to fine years, with or, both with.139

BNS – These provisions from the IPC have been repealed from BNS.

10.2  Public Servant disobeying law with intent to cause injury to any person

IPC (S 166) – If any public servant with the intent to cause injury to any person then he shall be punished with simple imprisonment.140

BNS (S 198) – This section also lays down the same as in S 166 of IPC. 141

136 Indian Penal Code 1860, s 162

137 Indian Penal Code 1860, s 163

138 Indian Penal Code 1860, s 164

139 Indian Penal Code 1860, s 165

140 Indian Penal Code 1860, s 166

141 The Bharatiya Nyaya Sanhita 2023, s 198

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

10.3  A public servant framed an erroneous paper with the goal to inflict hurt

IPC (S167):- Section 167 of the Indian Penal Code (IPC) covers situations where a public servant, who is responsible for making or translating documents or electronic records, intentionally makes them wrong, knowing they’re wrong, and aims to harm someone, or knows it could cause harm. If someone is found guilty of this, they could face punishment. This might include going to jail for up to three years, having to pay a fine, or both. If a public servant deliberately makes mistakes in documents or electronic records, knowing it could hurt someone, they could be punished under Section 167 of the Indian Penal Code. This could mean going to jail for three years, paying a fine, or both. It’s important for public servants to be honest and accurate in their work to avoid causing harm..142

BNS (S 201) – This section also lays down the same as in S 167 of IPC. 143

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

10.4  Municipal Servant illegally engaging in import

Section 168 of the Indian Penal Code deals with the offense committed by a public servant who engages in trade when they are not entitled to do so. If a public servant, who is not entitled to engage in trade, does so, they can be punished with simple imprisonment which may extend to one year, or with a fine, or with both. This provision aims to prevent conflicts of interest and maintain the integrity of public service by prohibiting public servants from involving themselves in trade activities unless permitted by law.144

Under Section 202 of the Bangladesh Penal Code, if a public servant, who is legally obligated not to engage in trade, does so, they can be punished with simple imprisonment for a term that may extend to one year, or with a fine, or with both, or with community service. This provision reinforces the prohibition against public servants engaging in trade activities when they are not permitted to do so by law, aiming to maintain the integrity of public service.145

10.5  Public Retainer illegally buying or attempting for assets

142 Indian Penal Code 1860, s 167

143 The Bharatiya Nyaya Sanhita 2023, s 201

144 Indian Penal Code 1860, s 168

145 The Bharatiya Nyaya Sanhita 2023, s 202

IPC (S 169):- According to Section 202 of the Bangladesh Penal Code, if a public servant buys certain property that they’re not allowed to buy, either in their own name, someone else’s name, together with someone, or in shares with others, they could face punishment. The punishment could include going to jail for up to two years, having to pay a fine, or both. Also, any property bought this way will be taken away. This rule aims to stop public servants from doing things that could cause problems, like using their power in the wrong way or having conflicts of interest.146 BNS (S 201) – This section also lays down the same as in S 169 of IPC. 147

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

10.6  Personating a Public Servant

According to Section 204 of the Bangladesh Penal Code, if someone pretends to be a public servant or acts like they hold a specific job, knowing they don’t actually have that job, they could be punished. The punishment could include going to jail for at least six months, but it could be as long as three years, and they might also have to pay a fine. This rule is meant to stop people from pretending to be public servants or taking on roles of authority when they’re not really supposed to. It’s to prevent them from using fake positions for their own benefit. So if someone acts like they’re a public servant when they’re not, they could go to jail for up to three years and get fined. This is to stop people from pretending to have important jobs just to gain something for themselves.148

What Change– There is a change in provision number and punishment has been enhanced to three years.

10.7  Wearing garb or carrying token used by public servant with fraudulent intent

IPC (S 171):- If any public servant, knowing or intentionally committing the said offense, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.149

BNS (S 205) – If someone who is not a member of a specific class of public servants wears or carries anything that resembles the uniform or token used by that class, intending to give the impression that he is a member of that class, or knowing that he is likely to be believed, will be

146 Indian Penal Code 1860, s 169

147 The Bharatiya Nyaya Sanhita 2023, s 201

148 The Bharatiya Nyaya Sanhita 2023, s 204

149 Indian Penal Code 1860, s 171

punished with either type of imprisonment for a maximum term of three months, with a fine of five thousand rupees, or with both. 150

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees.

11.  Contempt of the Lawful Authority of Public Servant (Ch XIII)

11.1 Abandonment to keep away service of summon or other proceedings

IPC (S172) – Whoever absconds in order to avoid being served with a summons, notice, or order proceeding from any public servant legally competent, as such public servant, to issue such notice, summons, or order that will be punished with simple sentence for a term which may extend to one month, having fine five hundred rupees.

BNS (S 206) – The following penalties will apply to anyone who flees to avoid being served with a summons, notice, or order originating from any public servant who is lawfully authorized to act as such public servant and issue such a summons, notice, including order:

  • A fine of up to five thousand rupees, or simple imprisonment for a time that may extend to one month, including both;
  • If the orders, notice, or sentence requires you to appear in person or through an agent at a court of justice, or to present a document or electronic record, you could be punished with simple imprisonment for up to six months, a fine of up to ten thousand rupees, or both.151

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees and 10,000 rupees.

11.2  Preventing the serving or publicity of a summons or another legal proceeding

IPC (S173) – prevents Whoever summons, service a of notice, proceeding, order, or lawful prevents affixing the a of notice, summons, order or, removes such orders, summons, notices, proceedings or which lawfully are affixed, prevents or lawfully the making any of proclamation made intentionally by authority any competent, punished be shall follows: as

  • With imprisonment simple term a for which one may month extend to, fine or a with may which rupees extend five to hundred, both or with.

150 The Bharatiya Nyaya Sanhita 2023, s 205

151 The Bharatiya Nyaya Sanhita 2023, s 206

  • If summon such, proceeding notice, order or, Justice Court a of that is, punishment the be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend one to thousand, both or with.

BNS (S 207) – The following penalties will be meted out to anyone who willfully hinders the serving of any summons, notice, or order proceeding from any public servant legally competent, as such public servant, to issue such a summons, notice, or order on himself or any other person; or who willfully stops any such summons, notice, or order from being lawfully affixed to any place, or who willfully stops any such summons, notice, or order from being removed from any place to which it is lawfully affixed; or the deliberate prevention of any proclamation under the authority of any public servant legally competent, as such public servant

  • By a fine of up to five thousand rupees, or by simple imprisonment for a time that may extend to one month, or by both.
  • When someone is served with a summons, notice, order, or proclamation directing them to appear in person or through an agent at a court, or to provide a document or electronic record, they could face simple imprisonment for up to six months, a fine of up to ten thousand rupees, or both. 152 What Change– There is a change in provison number and fine has been enhanced to 5,000 rupees and 10,000 rupees.

11.3  Non-attendance in-obedience to an order from public servant

IPC (S 174) – Any person who is legally bound to appear in person or by his agent at a place and time intentionally omits to attend shall be punished as follows:

  • With simple imprisonment for a term which may extend to one month, or with a fine which may extend to five hundred rupees, or with both.
  • If the appearance is in connection to any summon, order, or notice issued by a Court of Justice, then with simple imprisonment for a term which may extend to six months, or with a fine which may extend to one thousand rupees, or with both.153

BNS (S 208) – Anyone who willfully fails to appear in person or through an agent at a specified location and time in response to a summons, notice, order, or proclamation proceeding from any

152 The Bharatiya Nyaya Sanhita 2023, s 207

153 Indian Penal Code 1860, s 174

public servant legally qualified to serve as such public servant, or who leaves the location where he is required to appear before the time at which it is lawful for him to leave, will be punished as follows:

  • either a fine of up to five thousand rupees or a period of simple imprisonment that might last up to one month, or both.
  • If another notice, order, or proclamation requires the respondent to appear in person or through an agent in court, they could face simple imprisonment for up to six months, a fine of up to ten thousand rupees, or both. 154

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees and 10,000 rupees.

11.4  A person who is legally required to deliver a paper or electronic record to a public servant fails to do so

IPC (S 175) – Whoever is legally bound to produce any document intentionally omits to do so to any public servant shall be punished as follows:

  • With simple imprisonment for a term which may extend to one month, or with a fine which may extend to five hundred rupees, or with both.
  • If the documents to be produced are before a Court of Justice, with simple imprisonment for a term which may extend to six months, or with a fine which may extend to one thousand rupees, or with both.155

BNS (S 210) – Anyone who willfully fails to provide any document or electronic record to a public servant while being legally required to do so will face the following penalties:

  • By a fine of up to five thousand rupees, or by simple imprisonment for a term that may extend to one month, or by both.
  • If the paper or electronic record is required to be presented or turned over to a court, the offender faces a fine of up to ten thousand rupees, simple imprisonment for a maximum term of six months, or both. 156

154 The Bharatiya Nyaya Sanhita 2023, s 208

155 Indian Penal Code 1860, s 175

156 The Bharatiya Nyaya Sanhita 2023, s 210

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees and 10,000 rupees.

11.5   Omission to provide any notification of information to a public servant by a person lawfully required to do so

IPC (S 176) – section Under this, punishment the twofold is:

  1. imprisonment Simple term a for which one may month extend to, fine or with a which rupees may extend hundred five to, both with or.
  2. information If pertains the commission to the an of offense purpose or the for preventing commission the any of offense, then imprisonment with term simple a for which six may months extend to, fine or a with which rupees may extend thousand one to, both with or.
  3. information If given be to is virtue by an of order passed section under 565(1) Code the of Criminal 1898 Procedure, then imprisonment with description of term either a for which six may months extend to, fine or a with which rupees may extend thousand one to, both with or.157

BNS (S 211) – section Under this:

  1. someone If, legally being obligated, intentionally notice omits give to furnish or information servant a to public required as law by, they punished be shall imprisonment with term simple a for which one may month extend to, fine or a with may which rupees extend thousand five to, both with or.
  • notice If or the information required given be to relates commission to the an of offense, required or is prevent to commission the an of offense, necessary or is apprehension for the an of offender, punishment the be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend thousand ten to, both with or.158

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees and 10,000 rupees.

157 Indian Penal Code 1860, s 176

158 The Bharatiya Nyaya Sanhita 2023, s 211

  1. Furnishing false information IPC (S 177) – Under this section:
  2. If someone knowingly or intentionally furnishes false information which they are legally required to provide, or which they are likely to know to any public servant, they shall be punished with simple imprisonment for a term which may extend to six months, or with a fine which may extend to one thousand rupees, or with both.
  3. If the false information given is in respect of the commission of an offense or is necessary for the apprehension of an offender, the punishment shall be imprisonment of either description for a term which may extend to two years, or with a fine, or with both.159

BNS (S 212) – Under these provisions:

  1. someone If who legally is obligated provide to information true servant a to public refuses do so to, they punished be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend thousand one to, both with or.
    1. someone If who legally is bound furnish to information any on subject servant a to public provides information false knowingly reason or with believe it to false be:
  • They punished be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend thousand five to, both with or.
    • false If information the pertains commission to the an of offense, required or is prevent to commission the an of offense, apprehension or for the an of offender, punishment the be shall imprisonment description of term either a for which two may years extend to, fine or with, both with or.160

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees.

11.7  Refusing to take oath or affirmation when ordered by a public official to do so IPC (S 178) – Under provisions both:

refuses Whoever themselves bind to by oath an affirmation or state to truth the, required when do to by so servant public a who legally is competent make to requirement such a, punished be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend thousand one to (IPC under) fine or a with may which rupees extend thousand five to (BNS under), both with or.161

What Change– There is a change in provision number and fine has been enhanced to 5,000 rupees.

11.8  Refusing to sign statement

IPC (S180) – Whoever is legally bound to sign any statement by a public servant but refuses to do so shall be punished with simple imprisonment for a term which may extend to three months, or with a fine which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.162

BNS (S 215)- A public servant legally authorized to demand that he sign any declaration he makes may sentence him to simple imprisonment for up to three months, a fine of up to three thousand rupees, or both. If the person refuses to sign any declaration they have made, they risk the consequences of both.163

What Change– There is a change in provision number and fine has been enhanced to 3,000 rupees.

11.9   False statement to public servant on oath or affirmation to persons authorized to manage an oath or assertion

IPC (S 181) – If anyone provides false information under oath, they shall be subject to imprisonment for a term of up to three years and may also be fined.164

BNS (S 216) – This section also lays down the same as in S 181 of IPC. 165

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

161 The Bharatiya Nyaya Sanhita 2023, s 213

162 Indian Penal Code 1860, s 180

163 The Bharatiya Nyaya Sanhita 2023, s 215

11.10  false information intended to persuade a public worker to abuse his legal authority in order to harm another person

IPC (S182) states that if anyone knowingly provides false information to a public servant and induces the public servant to exercise his lawful power, they shall face imprisonment for up to six months, a fine of up to one thousand rupees, or both.

BNS (S 217), on the other hand, specifies that anyone who knowingly provides false information to a public servant, intending to cause the public servant to act in a manner he shouldn’t or to use his lawful power to harm or inconvenience someone, shall be punished with imprisonment for up to one year, a fine of up to ten thousand rupees, or both.166

What Change– There is a change in provision number and punishment has been enhanced to one year from six months and Fine has been enhanced to 10,000 rupees.

11.11 opposition to a public servant’s legitimate power seizing property

IPC (S 183) states that if anyone obstructs or resists a public servant from lawfully taking property, they shall face imprisonment for up to six months, a fine of up to one thousand rupees, or both.

BNS (S 218) specifies that anyone who offers resistance to the lawful authority of a public servant while the public servant is taking property, knowing or having reason to believe that the individual is a public servant, shall be punished with imprisonment for up to six months, a fine of up to ten thousand rupees, or both.167

What Change– There is a change in provision number and fine has been enhanced to 10,000 rupees.

11.12  preventing the sale of property that a public worker has the power to sell

IPC (S 184) specifies that a person may be fined up to five hundred rupees, imprisoned for up to one month, or both for purposefully obstructing the sale of property offered for sale by a public officer acting legally.

BNS (S 219) declares that anybody who willfully interferes with the sale of property put up for auction by a public official may be subject to a fine of up to five thousand rupees, a month in jail, or both..168

What Change-There is a change in provision number and fine has been enhanced to 5,000 rupees.

11.13   Illegal purchase or bid on property offered for sale under the authority of a public official

IPC Section 185 states that if a person under any legal disability to purchase a property bids for the sale or purchase, either for himself or on behalf of another, they shall be punished with imprisonment for up to one month, or with a fine ranging from two rupees to one month, or with both.169

BNS (S 220) – This section also lays down the same as in S 185 of IPC. 170

What Change– There is a change in provision number but whatever was laid down in the earlier provision of the Indian Penal Code remains the same.

11.14  Prohibiting public servants in perform of public functions

IPC Section 186 states that if any person obstructs any public servant in the discharge of his public function, they shall be punished with imprisonment for up to three months, or with a fine of up to five hundred rupees, or with both.

According to BNS Section 221, anyone who willfully hinders a public servant from carrying out his official duties faces a maximum sentence of three months in jail, a maximum fine of 2 thousands five hundred rupees, or both. 171

What Change– There is a change in provision number and fine has been enhanced to 2,500 rupees.

11.15  Exception to assist people servant when constrained by law to give aid

IPC (S 187) – When any person is duty-bound to assist any public servant but fails to do so, they shall be punished with simple imprisonment for up to one month, or with a fine of up to two hundred rupees, or with both. If a Court of Justice requires the assistance of any person and the

168 The Bharatiya Nyaya Sanhita 2023, s 219

person omits to do so, they shall be punished with simple imprisonment for up to six months, or with a fine of up to five hundred rupees, or with both.172

BNS (S 222) – If someone, as required by law, fails to help a public servant in carrying out their duty:

  • They could face up to one month in simple imprisonment, a fine of up to two thousand five hundred rupees, or both.
  • If a public servant legally asks for assistance to execute a court-issued process, prevent a crime, stop a riot, or arrest an offender or escapee, the penalty could be up to six months in simple imprisonment, a fine of up to five thousand rupees, or both. 173

What Change– There is a change in provision number and fine has been enhanced to 2,500 and 5,000 rupees.

11.16  Disobedience to order duly promulgated by public servant

Under this section, if someone disobeys the order of a public servant who has the authority to issue such orders, they could face imprisonment for up to one month, a fine of up to two hundred rupees, or both. If this disobedience poses a risk to human life, health, or safety, or leads to or intends to cause a riot or affray, the punishment could be imprisonment for up to six months, a fine of up to one thousand rupees, or both.

In BNS (S 223), if someone disobeys an order given by a public servant empowered to do so, resulting in obstruction, annoyance, injury, or the risk thereof to lawfully employed individuals, they could face up to six months in simple imprisonment, a fine of up to two thousand five hundred rupees, or both. If this disobedience poses a danger to human life, health, or safety, or leads to or intends to cause a riot or affray, the penalty could be imprisonment for up to one year, a fine of up to five thousand rupees, or both. 174

What Change– There is a change in provision number and punishment has been enhanced to six months and one year. Fine has been enhanced to 2,500 rupees and 5,000 rupees.

11.17  Threat to injury to public servant

IPC (S 189)- If any person threatens to injure public servant in connection to exercise public function, then he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.175

BNS (S 224) – This section also lays down the same as in S 189 of IPC. 176

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.   Of False Testimony and Offences Alongside Public Integrity (Ch XIV):

12.1  Giving false evidence

According to IPC (S 191), if someone is legally obligated by an oath or by explicit legal provisions to tell the truth, or if they are required by law to make a declaration on any matter, providing false information knowingly or believing it to be false, or not believing it to be true, constitutes giving false evidence.177

BNS (S 227) – This section also lays down the same as in S 191 of IPC. 178

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.2  Fabricating false evidence

IPC (S 192) – Whoever deliberately brings about a situation, creates a false entry in any book, record, or electronic record, or prepares a document or electronic record containing false information, with the intention that such fabricated circumstance, false entry, or false statement may be presented as evidence in a legal proceeding, whether judicial, before a public servant, or before an arbitrator, and that it may lead anyone forming an opinion based on that evidence to hold a mistaken belief regarding any crucial aspect affecting the outcome of the proceeding, is said to have “fabricated false evidence.”179

BNS (S 228) – This section also lays down the same as in S 192 of IPC. 180

175 Indian Penal Code 1860, s 189

176 The Bharatiya Nyaya Sanhita 2023, s 224

177 Indian Penal Code 1860, s 191

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.3  Penalty for false testimony

IPC (S 193) – Anyone deliberately providing false evidence in a judicial proceeding or manufacturing false evidence intended for use at any stage of such a proceeding faces imprisonment for up to seven years and a fine. For intentionally giving or fabricating false evidence in any other circumstance, the punishment is imprisonment for up to three years and a fine.

BNS (S 229) – (1) If someone intentionally gives false evidence in a judicial proceeding or fabricates false evidence for its use at any stage, they could be imprisoned for up to seven years and fined up to ten thousand rupees. (2) For intentionally providing or fabricating false evidence in any other scenario, the penalty is imprisonment for up to three years and a fine of up to five thousand rupees. 181

What Change– There is change in provision number and In BNS fine has been provided as 10,000 rupees and 5,000 rupees.

12.4    Giving mistaken demonstrate with determined to procure guilty verdict of capital offence

IPC (S 194) – Whoever gives or fabricates false evidence, intending or knowing it’s likely to cause someone to be convicted of a capital offense under the current laws in India, faces life imprisonment or rigorous imprisonment for up to ten years, along with a fine. If an innocent person is convicted and executed due to such false evidence, the offender may face either the death penalty or the aforementioned punishment.182

BNS (S 230) – (1) Anyone who provides or fabricates false evidence with the intent or knowledge that it could lead to the conviction of a person for a capital offense under current Indian law shall face life imprisonment or rigorous imprisonment for up to ten years, along with a fine of up to fifty thousand rupees.

(2) If an innocent person is convicted and executed as a result of false evidence mentioned in subsection (1), the individual responsible for providing such false evidence may face either the death penalty or the punishments mentioned earlier. 183

What Change– There is a change in provision number and In BNS fine has been provided as 50,000 rupees.

12.5  Giving false evidence to procure conviction

Anyone who knowingly offers or creates false evidence with the aim or understanding that it may result in the conviction of an individual for a crime not subject to capital punishment under prevailing Indian law, but punishable by life imprisonment or a term of seven years or more, shall face punishment as if they themselves were convicted of that offense.184

BNS (S 231) – This section also lays down the same as in S 195 of IPC. 185

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.6  Using testimony known to be misleading

IPC (S 196) – Anyone who corruptly utilizes or tries to use false or fabricated evidence, knowing its falsehood, shall face the same punishment as if they had provided or fabricated such false evidence themselves.186

BNS (S 233) – This section also lays down the same as in S 196 of IPC. 187

What Change- There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.7  Issuing or signing false certificate

IPC (S 197) – Anyone who issues or signs a certificate, as required by law, or pertaining to a fact admissible in evidence, knowing or believing it to be false in any significant aspect, shall be punished as if they had provided false evidence.188

BNS (S 234) – This section also lays down the same as in S 197 of IPC. 189

183 The Bharatiya Nyaya Sanhita 2023, s 230

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.8  Using as accurate a licence known to be misleading

IPC (S 198) – Anyone who knowingly uses or tries to use a false certificate as genuine, with corrupt intent, shall be punished as if they had provided false evidence.190

BNS (S 235) – This section also lays down the same as in S 198 of IPC. 191

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.9  Mistaken declaration made in assertion which is by law receivable as demonstrate

IPC (S 199) – Anyone who, in a declaration that a court, public servant, or another person is required or authorized by law to accept as evidence of any fact, knowingly makes a false statement regarding a material point relevant to the purpose of the declaration, shall be punished as if they had given false evidence.192

BNS (S 236) – This section also lays down the same as in S 199 of IPC. 193

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.10  Using as true such declaration knowing it to be false

IPC (S 200) – Anyone who corruptly uses or attempts to use such a declaration as if it were true, knowing it to be false in any material point, shall be punished in the same manner as if they had given false evidence.194

BNS (S 237) – This section also lays down the same as in S 200 of IPC. 195

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.11   Causing disappearance of evidence of offence, or giving false information to screen offender

IPC (S 201) – Anyone who, knowing or having reason to believe that an offense has been committed, conceals evidence of the offense’s commission in order to shield the perpetrator from punishment, or who, in doing so, provides information about the offense that he knows or believes to be false, faces the following penalties: (a) if the offense he knows or believes to have been committed is punishable by death, he will be punished with either type of imprisonment for a term that may extend to seven years, as well as a fine; (b) If the offense carries a life sentence or a maximum term of ten years in prison, the offender may be punished with either type of imprisonment for a maximum term of three years, in addition to being subject to a fine; (c) If the offense carries a maximum term of imprisonment that does not exceed ten years, the offender may be punished with any combination of fines, imprisonment of the type specified for the offense, or one-fourth of the longest term of imprisonment specified for the offense.196

BNS (S 238) – This section also lays down the same as in S 201 of IPC. 197

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.12  Intentional omission to give information of offence by person bound to inform

IPC (S 202) – Anyone who knowingly withholds information about an offense from the authorities about which they are legally required to provide, knowing or having reason to believe that an offense has been committed, faces a term of either type of imprisonment up to six months in length, a fine, as well as both.198

BNS (S 239) – Anyone who knowingly withholds information about an offence from the authorities about which they are legally required to provide, knowing or having reason to believe that an offence has been committed, faces a maximum sentence of six months in either type of jail, a maximum fine of five thousand rupees, or both. 199

What Change – There is a change in provision number and fine has been provided as 5,000 rupees .

12.13  Providing misleading information regarding a transgression

IPC (S 203) – Anyone who provides information about an offense for which they know or believe it to be false while knowing or having reason to think that an offense has been committed faces a maximum sentence of two years in either type of jail, a fine, including both.200

BNS (S 240) – This section also lays down the same as in S 203 of IPC. 201

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.14  Destruction of document to prevent its production as evidence

IPC (S 204) – secrets Whoever destroys or document any electronic or record1 which he lawfully may compelled be produce to as evidence Court in a Justice of, proceeding or any lawfully held before servant public a, as such, obliterates or renders or whole illegible part the document any such or electronic record1 with intention the preventing of same the from being produced used or as evidence before such Court servant public or aforesaid as, after or lawfully he summoned been shall required have or produce to same the purpose for that, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both with or.202

BNS (S 241) – If someone hides or destroys a document or electronic record that they’re supposed to show in court or to a public servant, or if they mess up the document so it can’t be used as evidence, they could get in trouble. The punishment could include going to jail for up to three years, paying a fine of up to five thousand rupees, or both. This rule is to make sure people don’t hide or mess up important documents to avoid getting in trouble or to prevent the truth from coming out. If someone hides or ruins a document they’re supposed to show in court or to a public servant, they could go to jail for three years, get fined, or both. This is to stop people from avoiding the consequences of their actions or hiding the truth. 203

What Change– There is a change in provision number .In BNS punishment has been enhanced to 3 years and fine has been provided as 5,000rs.

12.15  False personation for purpose of act or proceeding in suit or prosecution

IPC (S 205) – Anyone who creates a false persona for another and then uses that persona to make any kind of admission or statement, confess to a crime, order the issuance of a process, act as bail

or security, or take part in any other actions related to a lawsuit or criminal investigation faces a maximum sentence of three years in either type of jail, a fine, or both..204

BNS (S 242) – This section also lays down the same as in S 205 of IPC. 205

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.16  Fraudulent removal or concealment of property to prevent its seizure

IPC (S 206) – fraudulently Whoever removes, transfers conceals, delivers or person to any property any or interest any therein, intending prevent thereby that property interest or therein from being forfeiture taken a as satisfaction or fine a of under, sentence a pronounced been has which, knows or be likely to pronounced by, Court a Justice of other or authority competent, being from taken execution in decree a of order or made been has which, knows or be likely to made by, Court a Justice in civil a suit, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both with or.206

BNS (S 243) – If someone tricks and moves or hides property to stop it from being taken as a punishment or to pay a debt ordered by a court, they could get in trouble. The punishment could include going to jail for up to three years, paying a fine of up to five thousand rupees, or both. This rule is to make sure people don’t cheat the legal system by hiding their property to avoid penalties or debts. If someone moves or hides property to avoid a court-ordered punishment or debt, they could go to jail for three years, get fined, or both. This is to prevent people from dodging their legal responsibilities by tricking the system. 207

What Change–There is a change in provision number. In BNS punishment has been enhanced to 3 years and fine is provided as 5,000rs.

12.17  Fraudulent claim to property to prevent seizure

IPC (S 207) – If someone tries to stop their property or interest from being taken as punishment or to pay a fine ordered by a court, by dishonestly accepting, receiving, or claiming property they don’t rightfully own, they could face punishment. The punishment could include going to jail for up to two years, paying a fine, or both. This rule is to make sure people don’t cheat the legal system by falsely claiming ownership of property to avoid penalties. If someone dishonestly accepts,

receives, or claims property they don’t really own to avoid a court-ordered punishment or fine, they could go to jail for two years, get fined, or both. This is to prevent people from trying to cheat their way out of their legal responsibilities.208

BNS (S 244) – This section also lays down the same as in S 207 of IPC. 209

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.18  Fraudulently suffering decree for sum not due

IPC (S 208) – fraudulently Whoever causes suffers or decree a order or passed be to against him suit at any the person of sum for not a due larger or sum a than due is person such to, property or any interest or in property which to person such entitled not is, fraudulently or causes suffers or decree a order or executed be to against after him satisfied it been has, anything or in respect which of satisfied it been has, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both with or.210

BNS (S 245) – This section also lays down the same as in S 208 of IPC. 211

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.19  Dishonestly making false claim in Court

IPC (S 209) – fraudulently Whoever dishonestly or, injure with or intent annoy to person any, makes Court in claim a which any knows he false be to, punished be shall imprisonment with description of term either a for which two may years extend to, also be shall liable fine to. 212 What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.20  Fraudulently obtaining decree for sum not due

IPC (S 210) – A person who obtains a decree or order against another person fraudulently for an amount that is not due, for a larger amount than what is due, for property or an interest in property to which he is not entitled, or for any other reason, or who fraudulently causes a decree or order to

208 Indian Penal Code 1860, s 207

be executed against another person after it has been satisfied, or for any other reason, or who fraudulently allows any such act to be carried out in his name, faces a term of imprisonment of either kind that may go up to two years, a fine, or both.213

BNS (S 247) – This section also lays down the same as in S 210 of IPC. 214

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.21  False charge of offence made with intent to injure

IPC (S 211) – Anyone who intentionally damages another person by initiating or causing to be initiated a criminal proceeding against them, or by falsely accusing someone of committing an offense, knowing full well that there is no reasonable or lawful basis for such a proceeding or charge against them, faces a sentence of either type of imprisonment, up to a two-year maximum, fine, or both;

If a criminal process is initiated based on a false accusation of an offense that carries a life sentence in prison or a sentence of seven years or more, the offender may be sentenced to either type of imprisonment for a maximum of seven years, in addition to a fine.215

BNS (S 248) – Anyone who, knowing that there is no reasonable or legal basis for such an action or charge against any individual, intentionally damages another person by initiating or causing to be launched any criminal proceeding against that person or by falsely accusing someone of committing an offense,—

  • shall be punished by a fine of up to two lakh rupees, a term of imprisonment of any kind up to five years, or both remedies;
  • Should a criminal process be initiated based on a false accusation of an offense carrying a life sentence, 10 years or more of imprisonment, the offender will face a maximum sentence of ten years in prison of either kind, in addition to a fine. 216

What Change– There is a change in provision number .In BNS punishment has been enhanced to 5 years and 10 years and fine has been provided as 2 lakh rupees.

12.22  Harbouring offender

IPC (S 212) – Following the commission of an offense, the following penalties apply to anyone who harbors or conceals an individual they know or have reason to believe to be the offender in order to shield them from the law: (a) in cases where the offense carries a death penalty, they will be punished with either type of imprisonment for a maximum term of five years, as well as a fine;

(b) be punished with imprisonment of either kind for a term that may extend to three years and shall also be liable to fine if the offense is punishable by imprisonment for life or by imprisonment that may extend to 10 years; (c) If the crime carries a prison sentence that can last up to a year, but not more than ten years, it will be punished with either a fine, a term of imprisonment equal to one-fourth of the maximum term of imprisonment specified for the crime, or both..217

BNS (S 249) – This section also lays down the same as in S 212 of IPC. 218

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.23  Taking gift, etc. to screen offender

IPC (S 213) – accepts Whoever attempts or obtain to, agrees or accept to, gratification any himself for person or any other, restitution or property any himself to person or any other, consideration in concealing of offence an his or screening of person any legal from punishment any for offence, not or proceeding against person any purpose for the bringing of him legal to punishment shall,––

  • offence if punishable the death is with, punished be shall imprisonment with description of term either a for which seven may years extend to, also be shall liable fine to;
  • offence if punishable the imprisonment is with life for, imprisonment or with may which ten extend years to, punished be shall imprisonment with description of term either a for which three may years extend to, also be shall liable fine to;
  • offence if punishable the imprisonment is with extending not ten to years, punished be shall imprisonment with the of description provided offence the for term a which may extend one-

fourth to part longest the term of imprisonment provided offence the for, fine with or, both with or.219

BNS (S 250) – This section also lays down the same as in S 213 of IPC. 220

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.24  Offering gift or restoration of property

IPC (S 214) – gives Whoever causes or, offers or agrees give to cause or, gratification any person to, restores or causes restoration the property any of person to, consideration in that of person’s concealing offence an, screening of his person any legal from punishment any for offence, not or proceeding against person any purpose for the bringing of him legal to punishment shall,––

  • offence if punishable the death is with, punished be shall imprisonment with description of term either a for which seven may years extend to, also be liable shall fine to;
  • offence if punishable the imprisonment is with life for imprisonment or with may which ten extend years to, punished be shall imprisonment with description of term either a for which three may years extend to, also be shall liable fine to;
  • offence if punishable the imprisonment is with extending not ten to years, punished be shall imprisonment with the of description provided offence the for term a which may extend one- fourth to part longest the term of imprisonment provided offence the for, fine with or, both with or.221

BNS (S 251) – This section also lays down the same as in S 213 of IPC. 222

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.25  Taking gift to help to recover stolen property, etc.

219 Indian Penal Code 1860, s 213

220 The Bharatiya Nyaya Sanhita 2023, s 250

IPC (S 215) – takes Whoever agrees or or take consents any to gratification pretence under or account on helping of person any recover to movable any property which of deprived he been have shall offence by any punishable Code under this, unless shall, he uses means all power in his cause to offender the be to convicted apprehended and offence of the, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both with or.223 BNS (S 252) – This section also lays down the same as in S 215 of IPC. 224

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

  1. Harbouring offender escaped from custody or whose apprehension has been ordered IPC (S 216) – When an individual who has been convicted or charged with a crime and is lawfully held in custody manages to escape, or when a public servant, exercising their lawful authority, orders someone to be apprehended for an offense, anyone who knowingly hides or shelters that person with the intention of preventing their capture shall face the following penalties:
  2. If the crime for which the person was in custody or is ordered to be apprehended carries a death penalty, the offender shall be imprisoned for a period of up to seven years, and may also be fined.
  3. If the offense is punishable by life imprisonment or imprisonment for ten years, the offender shall be imprisoned for a term of up to three years, with or without a fine.
  4. If the offense is punishable by imprisonment for a term not exceeding one year or less than ten years, the offender shall be imprisoned for a term up to one-fourth of the longest term of imprisonment prescribed for the offense, or fined, or both.225

BNS (S 253) – If someone breaks out of custody after being convicted or charged with a crime, or if a public official orders someone to be arrested for a crime, and another person knowingly hides or protects them to prevent their arrest, they will be punished like this:

  • If the crime carries a death penalty, the person hiding them could go to jail for up to seven years and might also have to pay a fine.

223 Indian Penal Code 1860, s 215

224 The Bharatiya Nyaya Sanhita 2023, s 252

225 Indian Penal Code 1860, s 216

  • If the crime carries a life sentence or a ten-year prison term, the person hiding them could be jailed for up to three years, with or without a fine.
  • If the crime carries a sentence of up to one year but less than ten years, the person hiding them could be jailed for up to one-fourth of the longest prison term for that crime, or fined, or both.226

12.27  Penalty for harbouring robbers or dacoits

IPC (S 216A) – Whoever, reason having knowing are or persons to about that commit robbery any have or dacoity recently committed, them harbours of any or them, intention with the facilitating of commission such the robbery dacoity or, screening of any or them punishment from, punished be shall imprisonment with term rigorous a for which seven may years extend to, also be shall liable fine to.227

BNS (S 254) – This section also lays down the same as in S 216A of IPC. 228

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.27    Disobeying direction of law to save person from punishment or property from forfeiture

IPC (S 217) – public Whoever, servant being, disobeys knowingly law direction any the as of way to the which in conduct he himself as is servant public to such, intending save thereby to,

knowing or likely it be to he that will save thereby, from person any punishment legal, him or to subject punishment less a than is that which to liable he, intent or with save to, knowing or likely that he thereby is save to, property any forfeiture from charge or any which to liable it law is by, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both or with.229

BNS (S 255) – This section also lays down the same as in S 217 of IPC. 230

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.28  Public servant framing incorrect record

226 The Bharatiya Nyaya Sanhita 2023, s 253

227 Indian Penal Code 1860, s 216(a)

228 The Bharatiya Nyaya Sanhita 2023, s 254

229 Indian Penal Code 1860, s 217

230 The Bharatiya Nyaya Sanhita 2023, s 255

IPC (S 218) – public Whoever, servant being as a servant public such, charged being preparation with record the any of writing or other, that frames record writing or manner a which in knows he incorrect be to, intent with cause to, likely knowing be it to he that will cause thereby, injury loss or public to the or person any to, intent or with save thereby to, knowing likely or be it to he that will save thereby, from person any punishment legal, intent or with save to, knowing or likely that he thereby is save to, property any forfeiture from charge or other which to liable it law is by, punished be shall imprisonment with description of term either a for which three may years extend to, fine or with, both or with.231

BNS (S 256) – This section also lays down the same as in S 218 of IPC. 232

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

  1. Public servant in judicial proceeding corruptly making report, etc., contrary to law IPC (S 219) – public Whoever, servant being, maliciously corruptly or makes pronounces or any in judicial stage a of proceeding, report any, verdict order, decision or which he contrary knows law to be to, punished be shall imprisonment with description of term either a for which seven may years extend to, fine or with, both or with.233

BNS (S 257) – This section also lays down the same as in S 219 of IPC. 234

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.30  Commitment by person who knows that he is acting contrary to law

IPC (S 220) – office Whoever, being which in him any gives legal confinement authority persons to for commit trial to or, confinement keep or to persons in, maliciously corruptly or commits person any for trial confinement to or, person keeps any confinement in, exercise the of authority that knowing acting that so in doing contrary he law is to, punished be shall imprisonment with description of term either a for which seven may years extend to, fine or with, both or with.235 BNS (S 258) – This section also lays down the same as in S 220 of IPC. 236

231 Indian Penal Code 1860, s 218

232 The Bharatiya Nyaya Sanhita 2023, s 256

233 Indian Penal Code 1860, s 219

234 The Bharatiya Nyaya Sanhita 2023, s 257

235 Indian Penal Code 1860, s 220

236 The Bharatiya Nyaya Sanhita 2023, s 258

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same..

12.31  Intentional omission to apprehend

IPC (S 221) – public Whoever, servant being as a servant public such legally apprehend bound to or keep to in person any confinement with charged liable or apprehended be to for offence an, intentionally person omits such to apprehend, intentionally or suffers person such escape to, aids or intentionally person such escaping in attempting or escape to from confinement such, punished be shall, ––

  • imprisonment with description of term either a for which seven may years extend to, fine with without or, person if in the, confinement who or ought apprehended been have to, charged was, liable or apprehended be to for, offence an punishable death with; or
  • imprisonment with description of term either a for which three may years extend to, fine with without or, person if in the, confinement who or ought apprehended been have to, charged was, liable or apprehended be to for, offence an punishable imprisonment with life for imprisonment or term a for which ten may years extend to; or
  • imprisonment with description of term either a for which two may years extend to, fine with without or, person if in the, confinement who or ought apprehended been have to, charged was, liable or apprehended be to for, offence an punishable imprisonment with term a for than less years ten.237

BNS (S 259) – This section also lays down the same as in S 221 of IPC. 238

What Change- There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.32  Intentional omission to apprehend

IPC (S 222) – public Whoever, servant being as a servant public such legally apprehend bound to or keep to in person any confinement sentence under a of Court for offence any or lawfully custody

237 Indian Penal Code 1860, s 221

238 The Bharatiya Nyaya Sanhita 2023, s 259

committed to, intentionally person omits such to apprehend, intentionally or suffers person such escape to aids or intentionally person such escaping in attempting or escape to from confinement such, punished be shall,—

  • imprisonment with life for imprisonment or with description of term either a for which fourteen may years extend to, fine with without or, person if in the, confinement who or ought apprehended been have to, under is sentence death of; or
  • imprisonment with description of term either a for which seven may years extend to, fine with without or, person if in the confinement who or ought apprehended been have to, subject is, sentence by a of Court or virtue by a commutation of sentence such, imprisonment to life for imprisonment or term a for of years ten, upwards or; or
  • imprisonment with description of term either a for which three may years extend to, fine or with, both or with, person if in the confinement who or ought apprehended been have to, subject is sentence by a of Court imprisonment to term a for not ten extending to years if or person the lawfully was custody committed to.239

BNS (S 260) – This section also lays down the same as in S 222 of IPC. 240

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.33  Escape from confinement or custody negligently suffered by public servant

IPC (S 223) – public Whoever, servant being legally as such bound servant public keep to in person confinement charged any or with convicted offence of any lawfully or custody committed to, suffers negligently person such escape to from confinement, punished be shall imprisonment with term simple a for which two may years extend to, fine or with, both or with.241

BNS (S 261) – This section also lays down the same as in S 223 of IPC. 242

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

239 Indian Penal Code 1860, s 222

240 The Bharatiya Nyaya Sanhita 2023, s 260

241 Indian Penal Code 1860, s 223

242 The Bharatiya Nyaya Sanhita 2023, s 261

12.34  Resistance or obstruction by a person to his lawful apprehension

IPC (S 224) – resistance Whoever offers intentionally any illegal or obstruction lawful to apprehension the himself of for offence any with which charged he or is which of been he convicted has, escapes or attempts escape to from custody any in which lawfully he detained is for offence such any, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both or with.243

BNS (S 262) – This section also lays down the same as in S 224 of IPC. 244

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.35  Omission to apprehend, or sufferance of escape, on part of public servant

IPC (S 225A) – public Whoever, servant being legally as such bound servant public apprehend to, keep or to in person confinement any in not case for provided section in 257, 258 section or 259 section, law or any in force other being time for the, omits that apprehend to person suffers or him escape to from confinement, punished be shall—

  • intentionally if does he so, imprisonment with of description term either a for which three may years extend to, fine with or, both with and;
  • negligently if does he so, imprisonment with term simple a for which two may years extend to, fine with or, both with or.245

BNS (S 264) – This section also lays down the same as in S 225A of IPC. 246

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.36  Resistance or obstruction to lawful apprehension or escape or rescue

IPC (S 225B) – case Whoever, any in not for provided section in 260 261 or section, law or any in force other being time for the, intentionally offers resistance any illegal or obstruction lawful to apprehension the himself of of or person any other, attempts escapes or to escape from custody

243 Indian Penal Code 1860, s 224

244 The Bharatiya Nyaya Sanhita 2023, s 262

245 Indian Penal Code 1860, s 225(a)

246 The Bharatiya Nyaya Sanhita 2023, s 264

any in which lawfully he detained is, rescues or attempts rescue to person any other from custody any in which person that lawfully is detained, punished be shall imprisonment with description of term either a for which six may months extend to, fine or with, both or with.247

BNS (S 265) – This section also lays down the same as in S 225B of IPC. 248

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

12.37  Intentional insult in judicial proceeding

IPC (S 228) – Whoever offers intentionally any, insult causes or interruption any to servant public any, while servant public such sitting is any in judicial stage a of proceeding, punished be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend one to thousand, both or with.249

BNS (S 265) – Whoever offers intentionally any, insult causes or interruption any to servant public any, while servant public such sitting is any in judicial stage a of proceeding, punished be shall imprisonment with term simple a for which six may months extend to, fine or a with may which rupees extend five to thousand, both or with.250

What Change–There is a change in provision number and fine has been enhanced to 5,000 rupees.

12.38  Personation of an assessor

IPC (S 229) – Whoever, personation by knowingly otherwise or, himself cause shall intentionally to returned be, sworn empanelled or as assessor juryman a or any in case which in knows he entitled not is by be law to returned so, sworn empanelled or or, knowing himself have to been returned so, sworn empanelled or law contrary to, serve voluntarily shall jury on such assessor or such as, punished be shall imprisonment with description of term either a for which two may years extend to, fine or with, both or with.251

BNS (S 268) – Whoever, personation by knowingly otherwise or, himself cause shall intentionally to returned be, sworn empanelled or as assessor an any in case which in knows he entitled not is by be law to returned so, sworn empanelled or or, knowing himself have to been returned so, sworn empanelled or law contrary to, serve voluntarily shall assessor such on, punished be shall

247 Indian Penal Code 1860, s 225(b)

248 The Bharatiya Nyaya Sanhita 2023, s 265

249 Indian Penal Code 1860, s 228

250 The Bharatiya Nyaya Sanhita 2023, s 265

251 Indian Penal Code 1860, s 229

imprisonment with description of term either a for which two may years extend to, fine or with, both or with.252

12.39  Failure by person released on bail or bond to appear in court

IPC (S 229A) – Whoever, charged having been offence with an released and bail on bond or without sureties, fails without cause sufficient (burden the proving of which him lie upon shall), appear to court in accordance in terms with bail the bond or, punished be shall imprisonment with description of term either a for which one may year extend to, fine or with, both or with.253

BNS (S 269) – Whoever, charged having been offence with an released and bail on bond bond or, fails without cause sufficient (burden the proving of which him lie upon shall), appear to Court accordance in terms with bail the bond or, punished be shall imprisonment with description of term either a for which one may year extend to, fine or with, both or with.254

13.   Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals (Ch XV):

IPC (S 268 to 294A) – This Chapter extends from Section 268 to 294A. Under this Chapter making public nuisance is a punishable offence. A negligent act which is likely to spread infection of disease dangerous to life is punishable with imprisonment to six months or with fine, or with both. Adulteration of drugs, sale of adulterated drugs, sale of drug by changing the composition of the drug, fouling water of public spring or reservoir, making atmosphere noxious or dangerous to health and safety, negligent or rash driving on a public way, rash navigation of vessel, exhibition of false light, mark or buoy, conveying persons on hire in unsafe vessels by water, obstructing public way on road or water, negligent conduct with respect to poisonous substance, negligent conduct with respect to fire or combustible matter or with explosive substances machinery, pulling down or repairing buildings with respect to animals, are all made punishable with imprisonment of either description or with fine or with both. In case of public nuisance offender shall be punished with fine which may extend to two hundred rupees. An order of injunction may also be given. If the nuisance continues even after the injunction order is given the person shall be punished with imprisonment for a term which may extend to six months, or with fine or with both. Any person

252 The Bharatiya Nyaya Sanhita 2023, s 268

253 Indian Penal Code 1860, s 229(a)

254 The Bharatiya Nyaya Sanhita 2023, s 269

who sells, publishes, hires or distributes obscene books shall be punished with imprisonment of either description which may extend to 5 years and with fine which may extend to five thousand rupees. If any person sells any obscene object to any young person shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees and for subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to seven years and also with fine which may extend to five thousand rupees. This also includes obscene acts and songs. If any person keeps any lottery offices without the permission of the State Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine or with both.255

BNS (S 270 – 297)

  • BNS– If someone knowingly breaks any rule made by the Government about keeping a mode of transport separate because of a contagious illness, or about controlling how that transport moves when there’s an illness, or about controlling travel between places with an illness and other places, they could be in trouble. This means not following the rules set by the Government to keep people safe from spreading diseases. They could go to jail for up to six months, or they might have to pay a fine, or both. So, if someone deliberately disobeys these rules, they could end up spending time in jail or have to pay money as punishment. It’s important because following these rules helps prevent diseases from spreading and keeps everyone safe. So, anyone who knowingly breaks these rules could face serious consequences under the law.256
  • BNS-If someone adds harmful things to any food or drink to make it dangerous to eat or drink, and they plan to sell it that way, or they know it’s likely to be sold that way, they could be in trouble. This means deliberately making food or drink unsafe for people to consume and then trying to sell it. They could go to jail for up to six months, or they might have to pay a fine of up to five thousand rupees, or both. So, if someone knowingly makes food or drink harmful and tries to sell it, they could end up spending time in jail or have to pay a lot of money as punishment. It’s important

255 Indian Penal Code 1860, s 268 to s 294(a)

256 The Bharatiya Nyaya Sanhita 2023, s 273

because people rely on food and drink to stay healthy, and selling unsafe food or drink can make them sick. So, anyone who does this could face serious consequences under the law..257

  • BNS-If someone sells or tries to sell something as food or drink that’s unsafe to eat or drink because it’s gone bad or become harmful, and they know or have a good reason to think it’s unsafe, they could get in trouble. This means trying to sell things as food or drink even though they’re not safe for people to consume. They could go to jail for up to six months, or they might have to pay a fine of up to five thousand rupees, or both. So, if someone knowingly sells food or drink that’s not safe to consume, they could end up spending time in jail or have to pay a lot of money as punishment. It’s important because people trust that the food and drink they buy is safe to eat and drink, and selling unsafe things can make them sick. So, anyone who does this could face serious consequences under the law..258
  • BNS-adulterates Whoever drug any medical or preparation such in manner a as efficacy lessen to or operation change the such of drug medical or preparation.259
  • BNS-Whoever, drug knowing any medical or preparation been have to adulterated such in manner a as efficacy lessen to its, operation change to, render or noxious it, sells same the, exposes offers or it sale for, issues or dispensary it from any medicinal for purposes unadulterated as, causes or be it used to medicinal for purposes person by any knowing not adulteration of the, punished be shall imprisonment with description of term either a for which six may months extend to, fine or a with may which rupees extend five to thousand, both with or.260
  • BNS-knowingly Whoever sells, exposes offers or sale for, issues or dispensary a from medicinal for purposes, drug any medical or preparation as, different a drug medical or preparation, punished be shall imprisonment with description of term either a for which six may months extend to, fine or a with may which rupees extend five to thousand, both with or.261
  • BNS-corrupts Whoever voluntarily fouls or water the any of spring public reservoir or, render so as less it fit to purpose for the which ordinarily it used is, punished be shall imprisonment with

257 The Bharatiya Nyaya Sanhita 2023, s 274

258 The Bharatiya Nyaya Sanhita 2023, s 275

259 The Bharatiya Nyaya Sanhita 2023, s 276

260 The Bharatiya Nyaya Sanhita 2023, s 277

261 The Bharatiya Nyaya Sanhita 2023, s278

description of term either a for which extend six to months, fine or a with may which rupees extend five to thousand, both with or.262

  • BNS– voluntarily Whoever atmosphere vitiates the any in place so make as noxious it health to persons the general of dwelling carrying or business on neighborhood in or passing along public a way, punished be shall fine with a may which rupees extend thousand one to.263
  • BNS-navigates Whoever vessel any manner in so a negligent rash or as endanger to life human, likely or be to hurt cause injury or to person any other, punished be shall imprisonment with description of term either a for which six may months extend to, fine or a with may ten rupees extend thousand to, both with or.264
  • BNS-exhibits Whoever light false any, buoy mark or, intending knowing or likely it be to that exhibition such mislead will navigator any, punished be shall imprisonment with description of term either a for which seven may years extend to, fine and less with not rupees be than thousand ten shall.265
  • BNS-Anyone who, knowingly or through negligence, transports or arranges transportation for profit of any individual by water using any vessel, under conditions where the vessel poses a threat to the safety of said individual, shall face penalties that include imprisonment for a maximum of six months, a fine of up to five thousand rupees, or both.266
  • BNS– Any individual, through action or neglect, resulting in danger, obstruction, or harm to individuals on a public thoroughfare or waterway, shall face penalties, including fines up to five thousand rupees, for their actions or lack thereof concerning property within their control or possession.267
  • BNS– Anyone who, through any toxic material, performs an action recklessly or carelessly enough to jeopardize human existence, or to potentially inflict harm or damage upon anyone, or knowingly or carelessly fails to implement measures with any toxic material they possess that are adequate to prevent likely harm to human life from said toxic substance, shall face imprisonment

262 The Bharatiya Nyaya Sanhita 2023, s 279

263 The Bharatiya Nyaya Sanhita 2023, s 280

264 The Bharatiya Nyaya Sanhita 2023, s 282

265 The Bharatiya Nyaya Sanhita 2023, s 283

266 The Bharatiya Nyaya Sanhita 2023, s 284

267 The Bharatiya Nyaya Sanhita 2023, s 285

of either description for a period up to six months, or a fine not exceeding five thousand rupees,

or both.268

  • BNS– Anyone who, through recklessness or negligence, engages in actions involving fire or combustible materials that pose a threat to human life, or have the potential to harm others, or who knowingly or negligently fails to implement adequate precautions with regards to any fire or combustible material under their control to prevent foreseeable risks to human life from such sources, shall be subject to imprisonment for a period of up to six months, or a fine of up to two thousand rupees, or both.269
  • BNS– Anyone who, recklessly handling explosive materials, conducts actions that jeopardize human safety or may potentially harm others, or who, knowingly or carelessly, fails to implement adequate precautions with such materials to prevent potential harm to human life, shall face imprisonment for up to six months, or a fine of up to five thousand rupees, or both.270
  • BNS– does Whoever, machinery with any act so any negligently rashly or as endanger to life human likely or be to hurt cause injury or to person any other, knowingly negligently or omits take to order such machinery with in any possession his under or care his as sufficient is guard to against danger probable any human to from life machinery such, punished be shall imprisonment with description of term either a for which six may months extend to, fine or a with may which rupees extend five to thousand, both with or.271
  • BNS-however, pulling in repairing down, constructing or building any, knowingly negligently or omits take to measures such building with that as sufficient is guard to against danger probable any human to from life fall the that of building, part or any thereof of, punished be shall imprisonment with description of term either a for which six may months extend to, fine or a with may which rupees extend five to thousand, both with or.272
  • BNS-Anyone who, whether intentionally or through negligence, fails to implement adequate

measures for the protection of human life or prevention of severe harm from an animal under their

268 The Bharatiya Nyaya Sanhita 2023, s 286

269 The Bharatiya Nyaya Sanhita 2023, s 287

270 The Bharatiya Nyaya Sanhita 2023, s 288

271 The Bharatiya Nyaya Sanhita 2023, s 289

272 The Bharatiya Nyaya Sanhita 2023, s 290

care, will face penalties. These penalties may include imprisonment for up to six months, a fine of up to five thousand rupees, or both.273

  • BNS-commits Whoever nuisance a public any in case otherwise not Sanhita punishable this

by, punished be shall fine with a may which rupees extend thousand one to.274

  • BNS-Anyone found repeating a public nuisance, after being instructed by any public official with lawful authority to desist from such conduct, shall face penalties including imprisonment for up to six months, a fine reaching five thousand rupees, or both.275
  • BNS-In the context of sub-section (2), a publication, brochure, document, manuscript, sketch, artwork, depiction, portrayal, symbol, or any other entity, encompassing the presentation of material in digital format, will be categorized as obscene if it demonstrates lasciviousness or stimulates prurient curiosity, or if its impact, or (where it includes two or more distinct components) the impact of any single component, is, when viewed as a unified entity, of a nature that tends to corrupt and morally degrade individuals who, considering all pertinent circumstances, are likely to perceive, observe, or listen to the content expressed or represented within it.

Whoever— (a) vends, leases for hire, disseminates, publicly displays or in any way introduces into circulation, or for purposes of sale, rental, dissemination, public display or circulation, fabricates, creates or possesses any indecent book, brochure, manuscript, drawing, artwork, portrayal or image or any other indecent item whatsoever in any manner; or

  • brings in, sends out or transports any indecent item for any of the aforementioned purposes, or cognizant of or having grounds to suspect that such item will be vended, leased for hire, disseminated or publicly displayed or in any way introduced into circulation; or
  • engages in or profits from any enterprise in which he or she knows or has grounds to suspect that any such indecent items are, for any of the aforementioned purposes, fabricated, created, acquired, retained, imported, exported, transported, publicly displayed or in any way introduced into circulation; or

273 The Bharatiya Nyaya Sanhita 2023, s 291

274 The Bharatiya Nyaya Sanhita 2023, s 292

275 The Bharatiya Nyaya Sanhita 2023, s 293

  • promotes or announces by any means whatsoever that any individual is involved or is prepared to engage in any act which is an infringement under this provision, or that any such indecent item can be obtained from or through any individual; or
  • Any act that constitutes an offence under this section, when performed or attempted, shall incur punishment upon initial conviction. The penalty may involve imprisonment, ranging up to two years, and a fine, up to five thousand rupees. Upon a second or subsequent conviction, imprisonment for a term of up to five years, and a fine not exceeding ten thousand rupees, shall be imposed.276
  • BNS– Any individual who vends, leases, showcases, or disseminates to any minor under eighteen years such lewd item as specified in section 292, or attempts so to perform, shall face penalization upon initial adjudication with confinement of either description for a period which may stretch to three years, and with monetary penalty which may stretch to two thousand rupees, and, in the circumstance of a subsequent or further conviction, with incarceration of either description for a duration which may stretch to seven years, and additionally with financial penalty which may stretch to five thousand rupees.277
  • BNS-Whoever, to annoyance the others of,— (a) act does obscene any public in place any; or

(b) ballad sings, utters recites or words obscene any song, near or public in place any, punished be shall imprisonment with description of term either a for which three may months extend to, fine or a which with may rupees extend thousand one to, both with or278.

  • BNS-(1) Anyone maintaining an office or location with the intention of conducting any lottery that is not a State-sanctioned lottery or a lottery sanctioned by the State Government shall face imprisonment for a period of up to six months, or a fine, or both. (2) Any individual disseminating a proposition to remit a sum, furnish goods, or engage in actions or abstentions for the advantage of another individual, based on an event or circumstance linked to the selection of any ticket, lot, number, or figure in such a lottery, shall face a fine of up to five thousand rupees.279

276 The Bharatiya Nyaya Sanhita 2023, s 295

277 The Bharatiya Nyaya Sanhita 2023, s 295

278 The Bharatiya Nyaya Sanhita 2023, s 296

279 The Bharatiya Nyaya Sanhita 2023, s 297

14.   Of Offences Relating To Religion (Ch XVI)

  1. Injuring or defiling place of worship, with intent to insult the religion of any class

IPC (S 295) – Anyone who, with malicious intent and deliberate aim to offend the religious sentiments of any group of Indian citizens, whether through spoken or written words, signs, visible depictions, electronic mediums, or any other means, either insults or endeavors to insult the religion or the religious convictions of said group, will face penalties. These penalties may include imprisonment for a duration of up to three years, a fine, or both.280

BNS (S 298) – This section also lays down the same as in S 295 of IPC. 281

What Change- There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

14.2   Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

IPC (S 295A) – If someone intentionally tries to hurt the feelings of a group of people in India because of their religion, either by speaking or writing mean things, or by using gestures or images, they could be in trouble. This means saying or doing things to make people from a certain religion feel upset or disrespected. They could go to jail for up to three years, or they might have to pay a fine, or both. So, if someone deliberately insults a religion or its beliefs to hurt people’s feelings, they could end up spending time in jail or have to pay money as punishment. It’s important because everyone should be able to practice their religion without being made to feel bad about it. So, anyone who intentionally tries to hurt people from a certain religion could face serious consequences under the law..282

BNS (S 299) – Anyone who, with malicious intent and deliberate aim to offend the religious sentiments of any group of Indian citizens, whether through spoken or written words, signs, visible depictions, electronic mediums, or any other means, either insults or attempts to insult the religion or the religious convictions of said group, will face penalties. These penalties may include imprisonment for a duration of up to three years, a fine, or both.283

14.3  Disturbing religious assembly

280 Indian Penal Code 1860, s 295

281 The Bharatiya Nyaya Sanhita 2023, s 298

282 Indian Penal Code 1860, s 295(a)

283 The Bharatiya Nyaya Sanhita 2023, s 299

IPC (S 296) – Any individual who, of their own volition, disrupts any assembly lawfully involved in conducting religious worship or ceremonies, shall face imprisonment, which could last up to one year, or a fine, or both.284

BNS (S 300) – This section also lays down the same as in S 296 of IPC. 285

What Change- There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

14.4  Trespassing on burial places, etc.

IPC (S 297) – With the aim to harm any individual’s sentiments, or to affront the faith of any individual or with awareness that someone’s sentiments might be hurt, or that someone’s faith could be offended thereby, perpetrates any intrusion in any sanctuary or on any burial ground, or any site designated for funeral rituals or as a repository for deceased remains, or inflicts any disrespect to any deceased body, or provokes disruption to any individuals gathered for the conduct of funeral rituals, shall be penalized with incarceration of either classification for a period which could stretch to twelve months, or with monetary penalty, or with both.286

BNS (S 301) – This section also lays down the same as in S 297 of IPC.287

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

14.5  Uttering words, etc., with deliberate intent to wound religious feelings

IPC (S 298) – Anyone who, with the clear intention of offending the religious sentiments of another individual, speaks any term or emits any noise within earshot of said individual, or performs any action within the visual field of said individual, or positions any item within the line of sight of said individual, shall face penalties including imprisonment for up to one year, a fine, or both.288 BNS (S 302) – This section also lays down the same as in S 298 of IPC. 289

What Change– There is a change in provision number but whatever was laid down in the earlier provision of Indian Penal Code remains the same.

284 Indian Penal Code 1860, s 296

285 The Bharatiya Nyaya Sanhita 2023, s 300

286 Indian Penal Code 1860, s 297

287 The Bharatiya Nyaya Sanhita 2023, s 301

288 Indian Penal Code 1860, s 298

289 The Bharatiya Nyaya Sanhita 2023, s 302

15.  Offences against Property

  1. Offences against Property (Chapter XVII) THEFT

15.1  Punishment for Theft

IPC (S378, 379) –Whoever theft commits punished be shall imprisonment with description of term either a for which three may years extend to, fine with or, both with or.290

BNS (S303) – Whoever theft commits punished be shall imprisonment with description of term either a for which three may years extend to, fine with or, both with and of case in subsequent second or conviction any of person this under section, he punished be shall imprisonment with term rigorous a for which less not be shall than year one but which five may extend years to and fine with.

Provided cases in that theft of where value the stolen of property less is than rupees five thousand, person a and convicted is first for the time, shall upon value return the of property restoration or the of stolen property, punished be shall service with community291.

What Change: There is a Change in the provision number. In BNS additional punishment has been provided in case of second or subsequent conviction which is min one year that may extend to five years with fine. A new proviso has been added which provides that in case the value of stolen property is less than five thousand rupees and person is convicted for first time, he shall be punished with community service.

15.2  Snatching

BNS (S304) – (1) is Theft if, snatching order in to theft commit, offender the suddenly quickly or or secures forcibly or grabs seizes or away takes from person any from or possession his movable any property.

290 The Indian Penal Code, 1860, s. 378 & s.379.

291 The Bharatiya Nyaya Sanhita, 2023, s.303.

(2) commits Whoever snatching, punished be shall imprisonment with description of term either a for which three may years extend to, also be shall liable fine to.292

What Change- This is a new provision that has been added.

15.3  Theft in dwelling house

IPC (S 380) – If someone steals something from a house, tent, or boat, and these places are either where people live or where important things are kept safe, they could be in big trouble. They could go to jail for up to seven years, and they might have to pay a fine too. So, if someone takes something from a place where people live or where valuable things are kept, they could end up spending a long time in jail and also have to pay money. It’s important because these places are meant to be safe and secure for people and their belongings. When someone steals from them, it can make people feel unsafe and violated. So, anyone who steals from a home, tent, or boat could face serious consequences under the law.293.

BNS (S305) – Whoever theft commits-

  • building in tent any, vessel or used dwelling as human a or custody used for the property of; or
  • transport means any of used transport for the goods of passengers or; or
  • article any of goods or from means any transport of used transport for the goods of passengers or; or
  • icon idol any or place in of worship; or any
  • property of Government the or local a authority, punished be shall imprisonment with description of term either a for which seven may years extend to, also be shall liable fine to294.

What Change – There is a Change in the provision number. Some additional things has been added in the provision such as means of transportation or place of worship etc but the punishment remains the same.

15.4  Theft by clerk or servant

292 The Bharatiya Nyaya Sanhita, 2023, s.304.

293 The Indian Penal Code, 1860, s. 378 & s.380.

294 The Bharatiya Nyaya Sanhita, 2023, s.305.

IPC (S 381)- If someone works as a clerk or servant, or in a similar job, and they steal something that belongs to their boss or employer, they could get in serious trouble. This means taking something that doesn’t belong to them while they’re working for someone else. They could go to jail for up to seven years, and they might have to pay money too. So, if someone who works for someone else steals from them, they could end up spending a long time in jail and also have to pay a fine. It’s important because people trust their employees to be honest and not take things that don’t belong to them. So, anyone who breaks that trust by stealing from their employer could face punishment under the law.295.

BNS (S306)- This provision also lays down the same as in S 381,IPC296.

What Change – There is a change in provision number but whatever is laid down in the earlier provision remains the same.

15.5  Theft after preparing for causing death, hurt, restraint

IPC (S 382)- Anyone who steals, after preparing to cause death, harm, or restrain someone, with the intention of committing theft, escaping after theft, or keeping stolen property, will face strict punishment. This punishment can include being put in jail for up to ten years with hard labor, and they may also have to pay a fine. This law targets individuals who plan thefts in a way that puts others in danger. It covers situations where thieves prepare to harm or intimidate someone to carry out their theft, escape afterward, or keep what they stole. The severity of the punishment reflects the serious nature of these actions, which not only involve theft but also pose threats to the safety and well-being of others. The term “rigorous imprisonment” means the person will serve their sentence in harsher conditions compared to regular imprisonment. It’s meant to serve as a deterrent to discourage people from planning or carrying out thefts that involve endangering or harming others. The fine adds an additional financial penalty for their actions.297.

BNS (307)- Any individual who engages in theft after making preparations to cause death, injury, restraint, or instill fear of death, injury, or restraint upon another person, with the intention of committing the theft, facilitating escape after the theft, or retaining the stolen property, shall be subject to rigorous imprisonment for a maximum term of ten years, in addition to a potential fine.

295 The Indian Penal Code, 1860, s. 378 & s.381.

296 The Bharatiya Nyaya Sanhita, 2023, s.306.

297 The Indian Penal Code, 1860, s. 382.

The law imposes stringent punishments for theft accompanied by preparations for violence, harm, or intimidation against others in the course of the criminal act or its aftermath.298.

What Change: The change in BNS 307 appears to be the addition of the phrase “IPC (S 382)-” at the beginning of the provision. This suggests that BNS 307 is likely referencing or adopting the same provision as described in Indian Penal Code (IPC) Section 382. In other words, BNS 307 is incorporating or mirroring the language and legal framework outlined in IPC Section 382.

EXTORTION

  1. Punishment for Extortion IPC (S 384-387)-

S384- ommits Whoever extortion punished be shall imprisonment with description of term either a for which three may years extend to, fine with or, both with or.299

S385– Whoever, committing order to the extortion, of puts fear any in person, attempts or put to fear any in person, injury of any, punished be shall imprisonment with description of term either a for which two may years extend to, fine with or, both with or.300

S386– Whoever extortion commits putting by fear any in person death of grievous or hurt person to or that other any to, punished be shall imprisonment with description of term either a for which ten may years extend to, also be shall liable fine to.301

S387– Whoever, committing order to the extortion, puts attempts or put to fear any in person death of grievous or hurt person to or that other any to, punished be shall imprisonment with description of term either a for which seven may years extend to, also be shall liable fine to.302

BNS (S 308)- 308.

  • Extortion is when someone scares another person into giving them money or valuables.

298 The Bharatiya Nyaya Sanhita, 2023, s.307.

299 The Indian Penal Code, 1860, s. 378 & s.384.

300 The Indian Penal Code, 1860, s. 378 & s.385.

301 The Indian Penal Code, 1860, s. 378 & s.386.

302 The Indian Penal Code, 1860, s. 378 & s.387.

  • If someone is found guilty of extortion, they could be sent to jail for up to seven years, or they might have to pay a fine, or both.
  • If someone tries to scare another person to commit extortion, they could be sent to jail for up to two years, or they might have to pay a fine, or both.
  • If someone tries to scare another person by threatening them with serious harm or death to commit extortion, they could be sent to jail for up to seven years and fined.
  • If someone actually scares another person with threats of serious harm or death to commit extortion, they could be sent to jail for up to ten years and fined.
  • If someone tries to scare another person by falsely accusing them or someone else of a very serious crime to commit extortion, they could be sent to jail for up to ten years and fined.
  • If someone actually scares another person by falsely accusing them or someone else of a very serious crime to commit extortion, they could be sent to jail for up to ten years and fined. 303.

Extortion is when someone makes another person give them money or valuable things by scaring them. If someone does this, they can go to jail for up to seven years or have to pay a fine, or both. If someone tries to scare someone else into doing this, they can go to jail for up to two years or have to pay a fine, or both. If someone uses threats of serious harm or death to scare someone into giving them things, they can go to jail for up to seven years and have to pay a fine. If someone actually uses these threats to get what they want, they can go to jail for up to ten years and have to pay a fine. If someone falsely accuses someone else of a very serious crime to scare them into giving them things, they can go to jail for up to ten years and have to pay a fine. If someone actually makes false accusations to scare someone into giving them things, they can go to jail for up to ten years and have to pay a fine.

What Change- It consolidates various provisions related to extortion into one section, whereas the IPC has separate sections for different aspects of extortion (Sections 384-387).

303 The Bharatiya Nyaya Sanhita, 2023, s. 308.

It expands the scope of extortion to include inducing fear of accusation of committing or attempting to commit an offense punishable with death, life imprisonment, or imprisonment for ten years, which is not explicitly mentioned in the IPC.

It reorganizes and rephrases the provisions related to extortion compared to the IPC, maintaining the essence but structuring it differently.

ROBBERY AND DACOITY

  1. Punishment for Robbery IPC (S 392-394)-

S392– If someone steals from another person, it’s called robbery. They could go to jail for up to ten years and have to pay a fine. If the robbery happens on a road when it’s dark, between sunset and sunrise, the punishment can be even more severe – they could go to jail for up to fourteen years. So, if someone takes something from someone else by force, they might end up in jail for a long time and have to pay money. And if they do it on a road at night, the punishment could be even worse.304.

S393- If someone tries to steal from someone else but doesn’t succeed, it’s called attempting robbery. They could go to jail for up to seven years and also have to pay a fine. So, even if they don’t actually steal anything, just trying to do it is still a serious crime. They could end up spending a long time in jail and have to give money as punishment. 305.

S 394- If someone hurts someone else while trying to steal from them, they could be in big trouble. This includes not just the person who caused the hurt, but also anyone else involved in the stealing. They could go to jail for life, or for up to ten years if the court decides they should get a chance to come out someday. On top of that, they might have to pay a fine. So, if someone gets hurt during a robbery, the people responsible could end up spending a very long time in jail and have to pay money too.306.

BNS (S309)- 309. (1) Robbery involves either stealing or forcing someone to give something.

304 The Indian Penal Code, 1860, s. 378 & s.392.

305 The Indian Penal Code, 1860, s. 378 & s.393.

306 The Indian Penal Code, 1860, s. 378 & s.394.

  • Stealing becomes robbery if the thief causes harm or threatens to harm someone to steal things or take them away.
  • Forcing someone to give something becomes robbery if the person doing it is scaring the victim into thinking they’ll get hurt right away or be stopped from leaving, and this fear makes the victim give up what’s being demanded. 307.

What Change- BNS 309 defines robbery differently from the IPC. While the IPC defines robbery as a distinct offense (Sections 392-394), BNS 309 states that in all cases of robbery, there is either theft or extortion. This suggests a broader conceptualization of robbery in BNS compared to IPC.

BNS 309 introduces the concept that theft is considered robbery if certain conditions are met, specifically if the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, hurt, or wrongful restraint in order to commit the theft. This differs from the IPC, where theft and robbery are separate offenses.

BNS 309 also defines extortion as robbery if certain conditions are met, particularly if the offender, while committing extortion, is in the presence of the person put in fear and induces them to deliver up the thing extorted by putting them in fear of instant death, hurt, or wrongful restraint. This definition of extortion as a form of robbery is not explicitly stated in the IPC in the same manner.

Overall, BNS 309 expands and redefines the concept of robbery, incorporating elements of theft and extortion under its definition, which differs from the approach taken by the IPC.

15.8  Punishment for Dacoity IPC (S 395-396,399-400)-

S395- commits Whoever dacoity punished be shall imprisonment with for or life, imprisonment with term rigorous a for which ten may years extend to, also be shall liable fine to. 308

S396– If five any of more or persons, who conjointly are dacoity committing, murder commits so in dacoity committing, one every those of persons punished be shall death with, imprisonment

307 The Bharatiya Nyaya Sanhita, 2023, s. 309.

308 The Indian Penal Code, 1860, s. 378 & s.395.

with or for imprisonment life, with or term rigorous a for which ten may years extend to, also be shall liable fine to.309

S399– If someone gets ready to commit dacoity, they could be in big trouble. Dacoity means a group of people planning to rob others together. If someone prepares for this crime, like getting weapons or planning how to do it, they could go to jail for up to ten years and also have to pay money. So, just getting ready to rob people with others is a serious crime. If someone does it, they could end up spending a long time in jail and have to pay a fine too. 310.

S400- If anyone joins a group of people who regularly plan to rob others after this law is made, they could be in serious trouble. This law is about dacoity, which is when a gang plans together to rob people often. If someone becomes part of such a gang, they could go to jail for life, or for up to ten years with tough rules in jail. They might also have to pay money. So, if someone joins a gang like this, they could end up spending their whole life in jail or a long time there, and they might have to pay a fine too.311.

BNS (S310)- 310.

Certainly! Here’s a simplified version of the text:

  • If five or more people work together to rob someone, it’s called dacoity. It doesn’t matter if all five are actually involved in the robbery or if some are just helping. If there are five or more altogether, it’s still dacoity.
  • Anyone who commits dacoity could go to jail for life, or for up to ten years with tough rules, and they might have to pay money too.
  • If anyone among a group of five or more people committing dacoity also commits murder during the robbery, they could face the death penalty, life imprisonment, or at least ten years of tough imprisonment, along with a fine.

309 The Indian Penal Code, 1860, s. 378 & s.396.

310 The Indian Penal Code, 1860, s. 378 & s.399.

311 The Indian Penal Code, 1860, s. 378 & s.400.

  • Anyone who prepares to commit dacoity, like getting weapons or planning the robbery, could be sent to jail for up to ten years and also have to pay money.
  • If someone is part of a group of five or more people planning to commit dacoity, they could go to jail for up to seven years and have to pay money.
  • If someone is part of a gang that regularly commits dacoity, they could go to jail for life, or for up to ten years with tough rules, and they might have to pay money too. 312.

What Change– It provides a broader definition of dacoity compared to the IPC. While the IPC defines dacoity as a distinct offense (Sections 395-400), BNS 310 expands the definition to include situations where five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more.

It rephrases and reorganizes the provisions related to dacoity compared to the IPC, maintaining the essence but structuring it differently.

It introduces a new provision (subsection 5) which specifies punishment for individuals who are part of a group of five or more persons assembled for the purpose of committing dacoity. This provision is not explicitly present in the IPC.

It retains the provisions related to punishment for making preparations for dacoity and belonging to a gang associated with habitually committing dacoity, similar to the IPC, but with some changes in wording and structure.

15.9  Belonging to the gang of robbers or thieves

IPC (S 401) – If anyone joins a group of people who wander around together and regularly steal or rob, but they’re not a gang of violent criminals, they could be in big trouble after this law is passed. This law is about people who team up to steal or rob often, but they’re not like gangs of violent criminals. If someone joins such a group, they could go to jail for up to seven years with tough rules, and they might have to pay money too. So, if someone decides to be part of a group like this, they could end up spending a long time in jail and also have to pay a fine.313.

312 The Bharatiya Nyaya Sanhita, 2023, s. 310.

313 The Indian Penal Code, 1860, s. 378 & s.401.

BNS (S313)- belongs Whoever habitually to gang any persons of associated theft in committing robbery or, gang not a being dacoits of, punished be shall imprisonment with term rigorous a for which seven may years extend to, also be shall liable fine to314

What Change– It retains the essence and substance of IPC Section 401 but simplifies the language and removes the reference to “wandering” gangs. In IPC Section 401, the term “wandering gang” is used to describe a gang of persons associated for the purpose of habitually committing theft or robbery. However, in BNS 313, this term is omitted, and the provision simply refers to “any gang of persons associated in habitually committing theft or robbery.”

CRIMINAL MISAPPROPRIATION OF PROPERTY

15.10  Punishment for Dishonest Misappropriation

IPC (S 403) – Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both315.

BNS (S314)-

  1. If someone is given responsibility for property, whether it’s directly given to them or they have control over it in some way, and they dishonestly take it for themselves or use it against the law, they commit a crime called “criminal breach of trust.”
    1. The punishment for committing criminal breach of trust can be imprisonment for up to five years, a fine, or both.
    1. If someone like a carrier, wharfinger, or warehouse keeper is trusted with property and they commit criminal breach of trust with that property, they could be jailed for up to seven years and fined.
    1. If a clerk or servant, or someone working as one, is trusted with property and they commit criminal breach of trust with it, they could be jailed for up to seven years and fined.

314 The Bharatiya Nyaya Sanhita, 2023, s. 313.

  • If someone, like a public servant or a banker, merchant, factor, broker, attorney, or agent in their professional capacity, is entrusted with property and they commit criminal breach of trust with it, they could be jailed for life or up to ten years and fine316.

What Change- Here are the notable changes:

Expanded Definition: It expands the definition of criminal breach of trust beyond simply misappropriating or converting movable property. It includes various scenarios where a person is entrusted with property or has dominion over property, and dishonestly misappropriates, converts, uses, or disposes of that property in violation of any legal direction, contract, or trust agreement. This broader definition ensures that various forms of trust violations are covered under the offense.

Specific Scenarios: It delineates specific scenarios where criminal breach of trust can occur, such as when property is entrusted to carriers, wharfingers, warehouse keepers, clerks, servants, public servants, bankers, merchants, factors, brokers, attorneys, or agents. Each scenario comes with its own punishment, which reflects the severity of the breach based on the nature of the entrusted relationship.

Increased Penalties: It introduces increased penalties for certain instances of criminal breach of trust. For example, individuals entrusted with property in their capacity as public servants or in their business capacity as bankers, merchants, etc., may face imprisonment for life or imprisonment for a term extending up to ten years, along with fines.

15.11  Dishonest misappropriation of property possessed by deceased person

IPC (S 404)- If someone dishonestly takes property that belonged to a person who has died, knowing that the property was left behind and hasn’t been given to anyone who legally should have it, they commit a crime. This crime is punishable by imprisonment for up to three years and a fine. If the person who took the property was employed by the deceased as a clerk or servant when they died, the punishment could be imprisonment for up to seven years. This law aims to protect the assets and belongings left behind by deceased individuals. When someone dies, their property should be handled according to legal procedures, which may involve distributing it among their heirs or beneficiaries. Taking advantage of the situation by unlawfully taking property that

rightfully belongs to the deceased’s estate is considered a serious offense. The severity of the punishment, especially the possibility of a longer imprisonment if the offender was employed by the deceased, reflects the breach of trust involved. Employees, such as clerks or servants, are often entrusted with access to their employer’s property, and betraying this trust by unlawfully taking possessions after their employer’s death aggravates the offense.317.

  1. BNS (S315)- If property is obtained through theft, extortion, robbery, cheating, or if it’s unlawfully taken through misappropriation or breach of trust, it’s called “stolen property.” It doesn’t matter if this transfer or wrongdoing happened in or outside of India. However, if the property later ends up with someone who legally should have it, it stops being considered stolen property.
    1. If someone knowingly receives or keeps stolen property, even if they didn’t steal it themselves, they commit a crime. They could be jailed for up to three years, fined, or both.
    1. If someone knowingly keeps property that was obtained through a violent robbery called dacoity, or if they get stolen property from a person known or believed to be part of a gang of robbers, they face severe punishment. This could mean life imprisonment or imprisonment for up to ten years, along with a fine.
    1. If someone regularly deals with stolen property, knowing or believing it to be stolen, they are considered to be habitually involved in such activities. This is a serious offense and could result in life imprisonment, imprisonment for up to ten years, and a fine.
    1. If someone helps to hide, sell, or get rid of stolen property, knowing or believing it to be stolen, they’re also breaking the law. They could be jailed for up to three years, fined, or both. 318.

What Change- Here are the notable changes:

Expanded Definition of Stolen Property: It provides a comprehensive definition of “stolen property” beyond just the scenario described in IPC Section 404. It includes property transferred by theft, extortion, robbery, cheating, or property criminally misappropriated or subject to criminal

317 The Indian Penal Code, 1860, s. 378 & s.404.

breach of trust. This broader definition ensures that various forms of unlawfully obtained property are covered under the offense of dealing with stolen property.

Various Offenses Related to Stolen Property: It delineates several offenses related to stolen property, such as dishonestly receiving or retaining stolen property, receiving stolen property transferred by dacoity, habitually dealing in stolen property, and voluntarily assisting in concealing or disposing of stolen property. Each offense comes with its own punishment, reflecting the severity of the offense.

Increased Penalties for Certain Offenses: It introduces increased penalties for certain offenses related to stolen property. For example, individuals who receive stolen property transferred by dacoity or belong to a gang of dacoits may face imprisonment for life or rigorous imprisonment for up to ten years, along with fines.

Inclusion of Assistance in Concealing or Disposing of Stolen Property: It includes a provision for individuals who voluntarily assist in concealing, disposing of, or making away with stolen property. This offense carries imprisonment for up to three years, or fine, or both.

CRIMINAL BREACH OF TRUST

  1. Punishment for Criminal Breach of trust IPC (S 406-408)-

S406- If someone does a criminal breach of trust, they could go to jail for up to three years, or they might have to pay a fine, or both. 319.

S407– If someone, like a carrier, wharfinger, or warehouse-keeper, is trusted with property and they do a criminal breach of trust with that property, they could be put in jail for up to seven years and fined as well.320.

319 The Indian Penal Code, 1860, s. 378 & s.406.

320 The Indian Penal Code, 1860, s. 378 & s.407.

S408– If someone works as a clerk, servant, or is employed in a similar role, and they’re trusted with property or have control over it because of their job, but then they do something dishonest with that property, they could be sent to jail for up to seven years and fined too.321.

(BNS S. 316)- (1) If someone is given responsibility for property, or has control over it in any way, and they dishonestly take it for themselves, use it wrongly, or go against any laws or contracts related to how they’re supposed to handle it, they commit a crime called “criminal breach of trust.”.

  • Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
  • If someone is given property to handle as a carrier, wharfinger, or warehouse keeper, and they misuse or mishandle that property, they could be put in jail for up to seven years and fined.
  • If someone works as a clerk, servant, or in a similar job, and they’re trusted with property but then do something dishonest with it, they could also be jailed for up to seven years and fined.
  • If someone, like a public servant or someone in a business role like a banker, merchant, factor, broker, attorney, or agent, is entrusted with property and they betray that trust by doing something dishonest with it, they could face life imprisonment or up to ten years in jail, along with a fine. 322.

What change-

Expanded Definition: It provides a more detailed and expanded definition of “criminal breach of trust.” This broader definition ensures that various forms of trust violations are covered under the offense.

Uniform Penalties: It standardizes the penalties for criminal breach of trust across different scenarios. In the IPC, penalties varied depending on the nature of the entrusted relationship (Sections 406-408). However, it applies the same punishment for criminal breach of trust regardless of the specific capacity in which the offender is entrusted with the property.

321 The Indian Penal Code, 1860, s. 378 & s. 408.

322 The Bharatiya Nyaya Sanhita, 2023, s. 316.

Increased Maximum Term: While the IPC imposes a maximum term of imprisonment of three years for criminal breach of trust (Section 406), BNS 316 increases this maximum term to five years. This change reflects a stricter approach towards the offense.

Inclusion of Public Servants and Business Professionals: It explicitly includes public servants and individuals in various business capacities (bankers, merchants, factors, brokers, attorneys, agents) under the purview of criminal breach of trust. This ensures that trust violations by individuals in these roles are appropriately addressed under the law.

CHEATING

15.13  Punishment for cheating IPC (S 417,418,420)

S417- If someone cheats, they could go to jail for up to one year, or they might have to pay a fine, or both.323.

S418– If someone cheats knowing that it’s likely to cause harm to a person they’re supposed to protect under the law or a contract, they could be sent to jail for up to three years, fined, or both.324.

S420– If someone cheats and tricks the person they deceive into giving away property, or altering or destroying important documents, they could be put in jail for up to seven years and fined too.325.

BNS (S318)- (1) If someone tricks another person by lying or being dishonest, causing that person to give away their property, allow someone else to keep their property, or do something they wouldn’t normally do, and this action or inaction harms them physically, mentally, damages their reputation, or their property, it’s called “cheating.”.

  • Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

323 The Indian Penal Code, 1860, s. 378 & s.417.

324 The Indian Penal Code, 1860, s. 418.

325 The Indian Penal Code, 1860, s. 420.

  • If someone cheats knowing that it will likely cause someone else to lose something they’re legally obligated to protect, whether by law or through a contract, they could be sent to jail for up to five years, fined, or both.
  • If someone cheats and tricks the person they deceive into giving away property, or altering important documents like valuable securities, they could be put in jail for up to seven years and fined as well326.

What Change-

Expanded Definition of Cheating: It provides a more comprehensive definition of “cheating” compared to the IPC. While IPC Sections 417-420 focus primarily on inducing delivery of property through deception, BNS 318 broadens the definition to include any act of fraudulently or dishonestly inducing a person to deliver property, consent to retention of property, or perform an action or omission resulting in damage or harm to the deceived person in body, mind, reputation, or property. This broader definition ensures that various forms of deceptive conduct are covered under the offense of cheating.

Increased Penalties for Certain Offenses: It introduces increased penalties for certain instances of cheating. For example, individuals who cheat with the knowledge that they are likely to cause wrongful loss to a person whose interest they were bound to protect may face imprisonment for up to five years, compared to three years under the IPC. This change reflects a stricter approach towards fraudulent conduct that causes significant harm or loss to others.

Uniform Penalties: It standardizes the penalties for cheating across different scenarios. In the IPC, penalties varied depending on the specific circumstances of the cheating offense (Sections 417- 420). However, BNS 318 applies the same punishment for cheating regardless of the nature of the induced action or the extent of harm caused.

15.14  Cheating by personation IPC (S416)

S416– cheats Whoever by personation punished be shall imprisonment with description of term either a for which three may years extend to, fine with or, both with or.327

BNS (S319)- (1) person A is cheat “to said personation” by if cheats he pretending by some to person be other, knowingly or by one substituting person another for or, representing or he that other any person person is other a he than really or person such is.

(2) cheats Whoever by personation punished be shall imprisonment with description of term either a for which five may years extend to, fine with or, both with or.328

What Change-

Expanded Definition of Cheating by Personation: It provides a more detailed and expanded definition of “cheating by personation” compared to IPC Section 416. While IPC Section 416 simply mentions cheating by personation without elaborating on the specific actions involved, BNS 319 specifies various ways in which cheating by personation can occur. These include cheating by pretending to be another person, knowingly substituting one person for another, or representing oneself or another person as someone different than they really are. This broader definition ensures that various forms of deception through personation are covered under the offense.

Increased Penalty: It introduces an increased penalty for cheating by personation compared to IPC Section 416. While IPC Section 416 specifies imprisonment of up to three years, BNS 319 increases this maximum term to five years. This change reflects a stricter approach towards fraudulent conduct involving personation.

MISCHIEF

15.15  Punishment for Mischief IPC (S 426-427)-

327 The Indian Penal Code, 1860, s. 416.

S426-Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both329.

S427-Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both330.

BNS (S 323)- (1) Anyone who destroys property or modifies its circumstances in a way that reduces or eliminates its value or utility or negatively impacts it, knowing full well that doing so will result in unjustifiable loss or harm to the public or to any individual, is guilty of “trouble.”.

  • When someone commits mischief, they could be sentenced to either type of jail for up to six months, a fine, or combination of both.
  • Anyone found guilty of mischief resulting in loss or damage to any property, including government or local authority property, faces a period of imprisonment up to one year, a fine, or any combination of the two.
  • Anyone found guilty of damage resulting in loss or damage exceeding twenty thousand rupees, but less than one lakh rupees, faces a maximum two-year sentence in either type of jail, a fine, or some combination of the two.
  • Any individual who engages in mischievous behavior and results in loss or damage over one lakh rupees faces a maximum sentence of five years in jail of said sort, a fine, or both.
  • Anyone who commits mischief with the intent to cause another person to suffer harm, death, wrongful restraint, or fear of any of these outcomes will be punished with a term of either type of imprisonment that may last up to five years, in addition to a fine.331.

What Change-

Expanded Definition of Mischief: It provides a more detailed and expanded definition of “mischief” compared to IPC Sections 426-427. While IPC Sections 426-427 primarily focus on

329 The Indian Penal Code, 1860, s. 378 & s.426.

330 The Indian Penal Code, 1860, s. 378 & s. 427.

causing loss or damage to property, BNS 323 broadens the definition to include actions intended to cause wrongful loss or damage to the public or any person. This expanded definition encompasses a wider range of behaviors that may diminish the value or utility of property or affect it injuriously.

Increased Penalties for Certain Offenses: It introduces increased penalties for certain instances of mischief compared to the IPC. For example, individuals who commit mischief causing loss or damage to property, including government or local authority property, may face imprisonment for up to one year, compared to two years under IPC Section 427. Additionally, the threshold for determining the severity of the offense based on the amount of loss or damage is adjusted, with higher penalties for larger amounts.

New Provision for Preparing to Cause Harm: It introduces a new provision for individuals who commit mischief while having made preparations to cause death, hurt, wrongful restraint, or fear thereof to any person. This provision imposes a higher penalty, with imprisonment for up to five years, in addition to a fine. This reflects a stricter approach towards mischief involving preparation for harm to persons.

15.16  Mischief by killing or maiming animal IPC (S 428,429)-

S428-commits Whoever by mischief killing, maiming poisoning, rendering or animals useless of any animal value the rupees of ten upwards or, punished be shall imprisonment with description of term either a for which two may years extend to, fine with or, both with or. 332

S429-commits Whoever by mischief killing, maiming poisoning, rendering or useless, elephant any, buffalo camel, horse, bull mule, whatever cow ox value or, may thereof be or animal other value any rupees of fifty upwards or, punished be shall imprisonment with description of term either a for which five may years extend to, fine with or, both with or.333.

332 The Indian Penal Code, 1860, s. 378 & s. 428.

BNS (S 324)- Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both334.

What change-

Unified Penalty for All Animals: It provides a unified penalty for committing mischief against any animal, regardless of its species or value. In contrast, IPC Sections 428 and 429 specify different penalties based on the value or specific species of the animal involved. By removing the distinction based on value or species, BNS 324 simplifies the law and ensures consistent treatment for offenses against animals.

Increased Maximum Term: It increases the maximum term of imprisonment for committing mischief against animals to five years. In IPC Sections 428 and 429, the maximum terms of imprisonment are two years and five years, respectively, depending on the value or species of the animal. BNS 324 provides a higher maximum term across the board, reflecting a stricter approach towards offenses against animals.

Simplified Language: It uses simplified language compared to the IPC sections. It eliminates specific references to the value of the animal or to particular species, making the provision more concise and straightforward.

15.17  Mischief by injury, fire, explosive etc IPC 430,436)-

S430-If someone does something that reduces the amount of water available for farming, drinking, or for animals or cleanliness, or for making things, it’s called mischief. They could go to jail for up to five years, or they might have to pay a fine, or both. So, if someone knowingly does something that leads to less water for important things like farming, drinking, keeping animals healthy, staying clean, or making stuff, they could face serious consequences. They might end up spending time in jail or have to pay money as punishment. It’s important because water is essential

for many aspects of life, like growing food, staying healthy, and doing work. So, anyone who interferes with the water supply in this way could be in trouble with the law.335.

S436-If someone deliberately sets fire to a building that’s usually used as a place where people worship, live, or keep important things, it’s called mischief by fire or explosive. They could go to jail for life, or for up to ten years, and they might have to pay a fine too. So, if someone purposely starts a fire or uses explosives to damage a building that’s normally used for things like worship, living, or storing valuable items, they could face very serious consequences. They could end up spending their whole life in jail or a long time there, and they might have to pay money as well. It’s important because these buildings are crucial for people’s safety, their beliefs, and protecting valuable possessions. So, anyone who harms these kinds of buildings in this way could be in big trouble with the law.336.

BNS (S325)- Whoever commits mischief by—

  • doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings for cleanliness which of course would be punished with sentence that may extend to five years, and with fine, and it maybe happens that both required.
  • engaging in any activity that could make a public road, bridge, navigable river, or navigable channel—natural or man-made—impassable or less safe for travel or property conveyance, or that he knows is likely to do so—shall be punished with either type of imprisonment for a term that could go up to five years, with a fine, or with both;
  • engaging in any behavior that results in, or that he knows is likely to result in, flooding or obstruction of a public drainage system that results in harm or damage will be punished by either type of imprisonment for a maximum term of five years, a fine, or combination of both;
  • Any act that causes a sign or signal to lose its usefulness as a navigational aid, such as destroying or moving one that is used for rail, aircraft, ships, or other objects placed there, will

335 The Indian Penal Code, 1860, s. 378 & s.430.

result in a punishment of either kind of imprisonment, up to a seven-year term, or a combination of both;

  • damaging, moving, or doing anything else that makes a landmark established under a public servant’s authority less effective as such will result in either type of imprisonment, up to a year in length, a fine, including both;
  • Anyone found in possession of fire or any explosive material with the intent to inflict, or knowing that he will likely cause, harm to any property, including agricultural output, faces a maximum sentence of seven years in jail as well as a fine;
  • Using fire or any explosive material with the intent to cause, or knowing that he will likely cause, the destruction of any building that is typically used as a house, a place of worship, or a location for property custody, is punishable by life in prison or by imprisonment of any kind for a term that may be up to ten years, in addition to a fine.337.
  • (1) Anyone who causes mischief to any rail, aircraft, decked vessel, or vessel with a load of twenty tons or more with the intent to destroy or render unsafe, or knowing that he will likely do so, faces a term of imprisonment of up to ten years in either type of jail in addition to a fine. (2) Anybody who engages in, or attempts to engage in, the mischief specified in sub-section (1) by means of fire or any explosive material faces life imprisonment or a term of imprisonment of either kind that may not exceed ten years, in addition to a fine.338.
  • Whoever runs any kind of vessel purposefully may of course commit theft of any property which has been contained therein or to dishonestly misappropriate any such property who will be punished with sentence of either description with any kind of term that will increase upto to ten years and a combination of fine as well339.

What Change-

337 The Bharatiya Nyaya Sanhita, 2023, s. 325.

338 The Bharatiya Nyaya Sanhita, 2023, s. 327.

339 The Bharatiya Nyaya Sanhita, 2023, s. 328.

Expanded Scope of Mischief: Section 325 expands the scope of mischief by including various acts beyond those specified in IPC Section 430. While IPC Section 430 focuses primarily on acts causing diminution of water supply or obstructing public drainage, BNS 325 encompasses a wider range of actions causing diminution of water supply, rendering public roads or navigable channels impassable, causing inundation or obstruction to public drainage, destroying or moving navigational signs or signals, and destroying or moving landmarks. This expansion ensures that various forms of mischief that impact public safety and infrastructure are covered under the law.

Increased Penalty for Certain Offenses:Section 325 introduces increased penalties for certain forms of mischief compared to the IPC. For example, individuals who commit mischief by fire or explosive substance intending to cause damage to property, including agricultural produce, may face imprisonment for up to seven years under BNS 325, whereas IPC Section 430 only specifies imprisonment for up to five years. Similarly, individuals who commit mischief by fire or explosive substance intending to destroy buildings used as places of worship or human dwellings may face imprsonment for life or up to ten years under BNS 325, whereas IPC Section 436 specifies imprisonment for life or up to ten years.

Inclusion of Additional Offenses: Section 325 includes additional offenses related to maritime and aviation safety, which are not covered under IPC Section 430. Specifically,Section 327 addresses mischief to rail, aircraft, or vessels, and BNS 328 addresses intentional grounding of vessels with the intent to commit theft or misappropriation of property. These additions ensure that offenses related to transportation safety are adequately addressed under the law.

CRIMINAL TRESPASS

15.18  Criminal trespass and house trespass IPC

  • If someone goes onto someone else’s property without permission and plans to do something wrong, scare, insult, or bother someone there, it’s called “criminal trespass.” Or, if someone legally goes onto a property but then stays there without permission to scare, insult, or bother someone, or to do something wrong, it’s also “criminal trespass.” So, whether someone enters a property

without permission to commit a crime or to scare, insult, or bother someone, or if they stay there unlawfully for the same reasons, it’s all called “criminal trespass.” It’s important because people have a right to feel safe and secure on their own property, and they shouldn’t have to worry about others causing trouble or doing bad things there. So, anyone who does this could be in trouble with the law.340.

  • House-trespass.— Whoever criminal enters trespass into by remaining or building in vessel any tent, dwelling used as human a building or any worship used as place a for, property or as place custody a for, is said commit to “house-trespass”.341

Explanation.— The introduction part any criminal of trespasser’s the body’s sufficient is constituting to house-trespass constitute.

  • Lurking house-trespass.— Whoever house-trespass commits having precautions taken conceal to such house-trespass from person some who right a has exclude to trespasser eject or from, building the vessel tent or which subject the trespass is, is said commit to “lurking house- trespass”.342.
  • Lurking house-trespass night by.— Whoever “lurking commits house-trespass by night” sunset after before and sunrise, is said commit to house-trespass “lurking night by”.343
  • House-breaking.— person is said commit to “house-breaking” who house-trespass commits if entrance he effects into house the part or any it of ways in six the hereinafter described, if or, being house in the part or any it of purpose for the committing an offence, therein or offence having an committed, quits he part house or any it of such ways in six, that is say to.344
  • House-breaking by night.— Whoever house-breaking commits sunset after before and sunrise, is said commit to “house-breaking night by”.345

340 The Indian Penal Code, 1860, s. 441.

341 The Indian Penal Code, 1860, s. 442.

342 The Indian Penal Code, 1860, s. 378 & s. 443.

343 The Indian Penal Code, 1860, s. 378 & s.444.

344 The Indian Penal Code, 1860, s. 378 & s. 445.

345 The Indian Penal Code, 1860, s. 378 & s.446.

  • Punishment for criminal trespass.— Whoever criminal commits trespass punished be shall imprisonment with description of term either a for which three may months extend to, fine or with a may which rupees extend hundred five to, both with or.346
  • Punishment for house-trespass.— Anyone who house-trespass commits may face imprisonment, duration the which of one may year extend to, fine a that rupees extend one to thousand, both with or347.
  • House-trespass in order to commit offence punishable with death.— f someone house-trespass commits with intention the committing of offense an punishable death by, they subject be shall punishment to, including imprisonment life for, imprisonment or rigorous term a for not exceeding years ten, also be may liable fine to a348.
  • If someone house-trespass commits with intent the commit to offense an punishable imprisonment with for life, they face shall imprisonment, duration the which of exceed not shall years ten, also be may liable fine to a349.
  • House-trespass in order to commit offence punishable with imprisonment.— Anyone who house-trespass commits with intent the commit to offense any punishable imprisonment with, subject be shall punishment to, including imprisonment term a for up two to years, also be may liable fine to a. intended If offense the theft is, term the imprisonment extended be may seven to years350.
  • House-trespass alter preparation for hurt, assault or wrongful restraint.— An individual who house-trespass commits after preparing cause to harm, restraint wrongful assault, instill or fear any in person, subject be shall punishment to, including imprisonment term a for up seven to years, also be may liable fine to a351.

346 The Indian Penal Code, 1860, s. 378 & s. 447.

347 The Indian Penal Code, 1860, s. 378 & s. 448.

348 The Indian Penal Code, 1860, s. 378 & s. 449.

349 The Indian Penal Code, 1860, s. 378 & s. 450.

350 The Indian Penal Code, 1860, s. 378 & s.451.

351 The Indian Penal Code, 1860, s. 378 & s.452.

  • Punishment for lurking house-trespass or house-breaking.— Anyone who lurking commits house-trespass house-breaking or, face shall imprisonment, duration the which of two may years extend to, also be may liable fine to a352.
  • Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.— Anyone who lurking commits house-trespass house-breaking or with intent the commit to offense any punishable imprisonment with, subject be shall punishment to, including imprisonment term a for up three to years, also be may liable fine to a. intended If offense the theft is, term the imprisonment extended be may ten to years353.
  • Anyone who lurking commits house-trespass house-breaking or after preparing cause to hurt, wrongful assault restraint or, instill or fear hurt of, wrongful assault restraint or any in person, subject be shall punishment to, including imprisonment term a for up ten to years, also be may liable fine to a354.
  • The individual who lurking commits house-trespass night by house-breaking or night by, face shall imprisonment, which three may years extend to, also be may subject fine to a355.
  • Anyone who lurking commits house-trespass night by house-breaking or night by with intention the committing of offense any punishable imprisonment with, subject be shall punishment to, including imprisonment term a for up five to years, along potential with fine a. intended If offense the theft is, term the imprisonment extended be may fourteen to years356.
  • Anyone who lurking commits house-trespass night by house-breaking or night by, prepared having cause to hurt, wrongful assault, restraint instill or fear any in person, subject be shall punishment to, including imprisonment term a for up fourteen to years, along possible with fine a.357.
  • cases In where hurt grievous inflicted is during commission the lurking of house-trespass house-breaking or, attempt or there if is cause to death grievous or hurt any to person, offender the

352 The Indian Penal Code, 1860, s. 378 & s.453.

353 The Indian Penal Code, 1860, s. 378 & s.445.

354 The Indian Penal Code, 1860, s. 378 & s.455.

355 The Indian Penal Code, 1860, s. 456.

356 The Indian Penal Code, 1860, s. 457.

357 The Indian Penal Code, 1860, s. 458.

subjected be shall punishment to, which include may imprisonment life for imprisonment or term a for up ten to years, along potential with fine a358.

  • All persons jointly concerned lurking in house-trespass house-breaking or night by punishable death where grievous or hurt caused one by them of.— If, during commission the lurking of house- trespass night by house-breaking or night by, individual any involved voluntarily causes attempts or cause to death grievous or harm another to, all those jointly participating such in acts, face shall punishment, including imprisonment life for imprisonment or term a for up ten to years, also be shall liable fine to a359.
  • Dishonestly breaking receptacle open containing property—Anyone who, dishonesty with intent or cause to mischief, unlawfully breaks open unfastens or sealed a container containing property believed or contain to property, may imprisoned be term a for up two to years, fined or, both with360.
  • Punishment offence same the when committed person by entrusted custody with.— Anyone entrusted a with sealed containing container property, believing or hold it to such property, permission and lacking access to it, dishonestly intent or with cause to mischief, breaks open unfastens or said container, face shall imprisonment term a for up three to years, fine a, both with or361.

BNS S. 329. (1) Anyone enters who or approaches belonging property to with another the intent to offense commit an, insult intimidate, or person annoy any lawfully possession in of property such, or remains unlawfully there intent with the to insult intimidate, annoy, or offense commit an, is trespass criminal commit to considered.

  • commits Who trespass criminal by or entering staying into any in building, tent, vessel or utilized dwelling as human a, building or used any worship for property or storage, is house- trespass commit to deemed.

358 The Indian Penal Code, 1860, s. 459..

359 The Indian Penal Code, 1860, s. 460.

360 The Indian Penal Code, 1860, s. 461.

361 The Indian Penal Code, 1860, s. 462.

Explanation.—The introduction part any of of body trespasser’s the criminal is sufficient entering to house-trespass constitute.

  • Who anyone trespass criminal commits may imprisonment be to subject, duration which the extend could months to three, extending fine a rupees to thousand five, both or.
  • Who anyone house-trespass commits may imprisonment face, duration the which of extend may year to one, extending fine a rupees to thousand five, both or362.
  • 330 1) commits Who house-trespass while measures taking conceal to from it someone authority with the exclude to remove or trespasser the building from, vessel tent, or involved is house-trespass lurking commit to deemed.

(2) deemed is person A house-breaking commit to if house-trespass engages he in accomplishes and entry his house into the part or any thereof six through methods the described below. if Alternatively, he house within the part or any of it intent with the offense commit an to having or committed offense an, he and departs house from the part or any of using it methods following the any of:––

  • If passage a through created enters he himself or by accomplice an house-trespass of the intent with the house-trespass commit to;
  • If not he through passage a for intended entrance human by than other person any accomplice or an himself of offense the; passage or through any gained has he which to access climbing by over or wall scaling any building or;
  • If passage a he through for intended not which occupier the by house the of to opened be passage that to;
  • If lock any unlocking by either intention with the house-trespass commit to, depart or to house the following following house-trespass a;
  • Should by force criminal use the of, perpetration an of assault, by or individual any with menacing assault;
  • If individual an passage through a they which aware are secured has against been entry such exit or, unfastened and been has which themselves by or accomplice an house-trespass to the363.
  • (1) Any commits who trespass lurking house- breaking house- or, term a to subject shall up imprisonment be two to alongside years, fine a possible.
  • Any engaging trespass lurking house- breaking house- or sunset after before and sunrise, imprisonment face shall term a up for three to years alongside a possible fine.
  • Any commits who trespass lurking house- breaking house- or intent with the offense commit any to punishable imprisonment with, imprisonment face shall term a up for three to years alongside a fine possible. offense intended the If theft is, imprisonment term the extended be may ten to years. Any Additionally, commits who trespass lurking house- breaking house- or sunset after before and sunrise, intent with the offense commit any to punishable imprisonment with, imprisonment subject be shall term a to up five for years to alongside a fine potential. offense intended the If theft is, imprisonment term the extended be may fourteen to years.
  • Any commits who trespass lurking house- breaking house- or, having prepared wrongful cause to harm, assault restraint or others instill in fear, imprisonment subject be shall term a to up for ten alongside years, fine a to potential.
  • Any engaging trespass lurking house- breaking house- or sunset between sunrise and, having made preparations wrongful cause to harm, assault restraint or others instill in fear, imprisonment face shall term a up for fourteen for years alongside a fine potential.
  • While committing trespass lurking house- breaking house- or, any causing grievous another harm to attempts or cause death grievous to or harm, imprisonment face shall either term for life a not or exceeding imprisonment years ten, addition in fine to possible a.
  • Should individual an, act during the trespass lurking of house- breaking house- or sunset between sunrise and, death voluntarily cause attempts or cause to death grievous or harm, those involved all jointly actions such in, imprisonment face shall either term for life a not or exceeding imprisonment years ten, fine alongside a possible364.
  • Whoever commits house-trespass in order to the committing of any offence––
  • Offenses punishable by death will result in either life imprisonment or rigorous imprisonment, not surpassing a decade, along with a potential fine;
    • Those found guilty of offenses punishable by life imprisonment will instead face imprisonment, not surpassing a decade, along with a potential fine. Offenses punishable by imprisonment will result in imprisonment of up to two years and a fine. However, if the intended offense is theft, the imprisonment term may extend to seven years.365.
    • Any individual who engages in house-trespass, having prepared to cause harm, assault, wrongful restraint, or instill fear in others, faces imprisonment of up to seven years, along with a possible fine. Additionally, anyone who, with dishonesty or intent to cause mischief, unlawfully opens or loosens a sealed container containing property or believed to contain property, may be imprisoned for up to two years, fined, or both.

(2) Any individual, entrusted with a sealed container holding property, or believing it to hold such property, and lacking permission to access it, dishonestly or with the intention to cause harm, unlawfully opens or loosens said container, shall face imprisonment of up to three years, a fine, or both.366.

What Change-

The changes in BNS (S 329, 330, 331, 332, and 334) from the corresponding sections of the Indian Penal Code (IPC) are as follows:

Increased Penalties:

364 The Bharatiya Nyaya Sanhita, 2023, s. 331.

365 The Bharatiya Nyaya Sanhita, 2023, s. 332.

Section 329 increases the maximum fine for criminal trespass from five hundred rupees under IPC Section 447 to five thousand rupees.

Section 330 increases the maximum fine for house-trespass from one thousand rupees under IPC Section 448 to five thousand rupees.

Additional Offense Categories and Penalties:

Section 331 introduces new provisions for different categories of lurking house-trespass or house- breaking, specifying varying penalties based on factors such as the time of the offense, intent, and preparations made. For example:

The punishment for lurking house-trespass or house-breaking after sunset and before sunrise, in order to commit an offense punishable with imprisonment, is increased to five years under BNS 331(4), whereas IPC does not specify separate penalties based on the time of the offense.

Section 331(5) introduces punishment for lurking house-trespass or house-breaking with preparations for causing harm or assault, extending the maximum penalty to ten years.

BNS 331(6) further increases the penalty to fourteen years for lurking house-trespass or house- breaking after sunset and before sunrise with preparations for causing harm or assault.

BNS 331(7) introduces a specific punishment for causing grievous hurt or attempting to cause death or grievous hurt while committing lurking house-trespass or house-breaking.

Modified Penalty for Specific Offenses:

Section 332 specifies modified penalties for house-trespass committed to facilitate the commission of offenses punishable with death, imprisonment for life, or imprisonment. The term of imprisonment may be extended to seven years if the intended offense is theft.

Increased Penalty for Breaking Receptacles:

Section 334 increases the maximum term of imprisonment for breaking or unfastening closed receptacles containing property from two years under IPC Section 461 to three years.

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