Imagine living in the colonial era, not having any human rights or justice. This mere thought can make you feel confined. But that was the colonial era, now we live in independent India, one of the largest democracies in the world.  

After an eventful journey of more than 160 years, The Indian Penal Code, 1860 is set to be replaced by the Bharatiya Nyaya Sanhita, 2023. Though a masterpiece of its time, the Penal Code was said to have become obsolete in view of changing societal norms and ever-evolving technology.  

Change in the legal system is now the need of an hour. Hence, BNS came into existence. It comes with modern integration of law which is according to the demands of increasing contemporary crimes and ever-changing values of society.  

Let’s dive deep into comparing the erstwhile criminal code, IPC vs BNS, the reformed official criminal law of our country! 

What is Indian Penal Code (IPC)? 

Indian Penal Code was the official legal code of India which deals with all criminal offences.   It was established in 1860 under the British colonial era.  

The primary objective of IPC was to establish a framework which upholds justice, maintains public order and protects individual rights in society. 

What is Bharatiya Nyaya Sanhita (BNS)? 

Bhartiya Nyaya Sanhita (BNS) is now the official criminal code in India. It came into effect on 1 July 2024. The primary objective of BNS is to modernize the criminal justice system to protect everyone in society from growing rates of new crimes like cyber bullying, identity theft, etc. and make the law easier to understand. While providing aid for criminal offences, BNS also respects individual rights. 

IPC vs BNS: Changes You Must Know 

When BNS repealed IPC, certain changes came into existence. Here we will compare those changes in BNS vs how it was in IPC before! 

Some Common Laws in IPC Vs BNS

General Changes

1. Organized Structure:  

IPC was created in an unstructured manner. It had 511 sections and 23 chapters which made it difficult to understand the criminal laws.  

The BNS is formatted in a very structured way. It contains 358 sections with 20 chapters. It has specific sections and chapters for similar types of crimes. For example, all the crime against women is consolidated in one chapter. 

The structural framework of BNS makes it easier for everyone to get an understanding of criminal laws. 

2. New Punishments Introduced 

IPC used to provide only 4 punishments for any crime such as death sentence, imprisonment, property forfeiture and fine.  

Under BNS community service is added. It was practiced before but not mentioned in the law. Community services reduce the burden on jails. Implementing community service also gives guilty people time to repent themselves. 

One of the benefits of community service is that it helps in diluting the severity of crime such as defamation, misconduct in public by a drunken person, etc. 

Also Read: Best AI Tools for Lawyers and Law Students  

3. Cybercrime Provision 

Earlier in IPC there were no provisions for emerging crimes. These crimes came into existence with the rise in innovation and technology. There was no strict punishment for these crimes in IPC.  

Cybercrimes were not mentioned in IPC, but in the IT Act, which made the scope of punishment narrow. 

In the BNS there are new provisions added for cybercrimes. The punishments have become stricter. Modern crimes like identity theft, online harassment or hacking are directly incorporated in the new law. It signifies the new law addressing these crimes.  

Section Specific Changes 

1. Rape and Sexual Harassment 

Under IPC, sexual harassment, stalking, voyeurism and insulting the modesty of women was already criminalized. The punishment for gang rape varied from life imprisonment to death sentence. 

In BNS these provisions still exist. The victims' age to be considered a minor has been increased to 18 years now. BNS also criminalizes having sexual intercourse with women by any deceitful means or by making fake promises of marriage. 

The minimum punishment for gang rape is life imprisonment. Death penalty is also applicable in case of minor involved or death of victim.  

2. Kidnapping 

In IPC, if any male who is under the age of 16 or any female under the age of 18, is kidnapped then it is only considered as criminal offense.  

Under the BNS, the definition of kidnapping is redefined, now if a child that is anyone under the age of 18 is kidnapped, then it is considered as criminal offense.  

3. Sedition Act

Under section 124 A of IPC, the sedition act refers to any action, speech or writing that provokes hatred among general citizens towards the government. 

The definition was very vague and had a very wide interpretation which could be misused by people. The punishment tenure of sedition act was up to 3 years along with fine.  

Whereas in BNS, Sedition has been replaced with a provision that penalizes the activity that encourage hatred against India. The punishment has been increased to 7 years along with fine.  

New Additions 

1. Terrorist Act

IPC didn’t have any provisions for Terrorist Act. 

While BNS states Terrorist act as an act which threatens the unity, integrity and security of India and intimidate the public. Terrorist acts include using bomb, dynamites or other explosive substances to cause death of a person or any destruction of property.  

2. Mob Lynching

IPC never recognized Mob Lynching as an offence.  

Under the section 103(2) of BNS, Mob Lynching is recognized as separate offence. Mob Lynching is when a group of five or more persons on ground of race, caste or community, sex, peace of birth, in consonance, commit murder. The punishment of mob lynching is death or life imprisonment. 

3. Petty Organized Crime

Under section 112 of BNS, the offences that are committed by a group or gang. These offences include theft, snatching, etc. The punishment for such a type of crime ranges to imprisonment from one year to seven years, plus a fine. 

Shortcomings of IPC 

1. Essence of Colonialism

One of the major shortcomings of IPC was that it was formed during British Raj with colonialism in its essence. IPC mainly focused on punishing people rather than providing justice for all. 

2. Complex and Lengthy

IPC had a large number of sections and provisions. It made the code more complex.  

This complexity became challenging for citizens to understand their rights and obligations. 

3. Insufficient Provisions for Emerging Crimes

With the advancements in technology and growth of nation, new types of crime have emerged.  

IPC did not have provisions to deal with these crimes like cybercrime, online harassment or identity theft. There was a need to address these issues in the code. These problems had to be dealt with effectively with the addition of more provisions.  

Benefits of BNS  

1. Modern Criminal Law

BNS is the modernized criminal law which aims to update the criminal justice system by ensuring there are laws pertaining to emerging contemporary crimes. It does not conform to colonial ideology.  

2. Simplified Procedure

BNS has streamlined the criminal justice process into a simplified procedure. With less sections and chapters, it is not complex or lengthy, making it easy for the public to understand. It became easily accessible for individuals to reach out to justice.  

3. Integration with Existing Laws

BNS integrates very smoothly with the already existing laws in the country. This reduces conflicts between different provisions of law.  

Something to Rethink  

Though BNS is new, improved and modernized. There are still some issues which legislatures should rethink in the BNS. Some of those issues are mentioned below: 

1. Inclusivity in Rape and Sexual Harassment cases

In the BNS, even after the new additions and modern approach, there’s no clause for any crime that happened against a man or a transgender.  

Not being gender inclusive shows that our judicial system and the legislatures are still a few steps behind in providing justice to all the citizens.  

Heinous crimes like Rape and Sexual Harassment are not just crimes that happen against women. With society accepting LGBTQIA+ community, they are now gaining their voices and being vocal about the gruesome offences against them.  

Such horrific crime against men is not even taken into consideration. 

These gender biases in the legislature will impact the citizen at a deeper level. This shows a lack of acceptance by the legal system.  

2. Section 377

Under section 377 of IPC, it was interpreted to punish men, women or transgender for the act of “unnatural sex”.  

Unnatural sex is the act where there are penetrative penile-non vaginal sexual acts between any male-female, male-male, female-female and any human being associated in a sexual act with animals.  

The age-old Code considered any sexual act that does not beget children to be an “unnatural sexual act”. 

While discussing these unrighteous rules, the consent of individuals involved in these acts came in the picture. 

When many landmark changes were happening with section 377 in the colonial code, the new criminal law abolishes this section.  

Though the punishment of sexual offences got tougher, the traditional approach to deal with crimes remains the same. Sexual Crimes happening against women by men are only considered in the modern and updated laws, still neglecting transgenders like old times. What legal protections exist for them? 

Ever since the repealing of IPC with BNS, there has been no law which indicates the consequences of these heinous crimes acted against animals. If a child is not capable of giving consent, so are the animals. How can we prevent these crimes? 

The major question is whether striking down Section 377 aligns with the idea of bringing BNS into existence or there are still several years left for us to reach a stage where justice is possible for all, even those who are not recognized by the legislature and the high authorities? 

3. Marital Rape

Marital rape is when a husband has non-consensual sex with his wife. With the evolving society that we live in today, crimes like this are increasing day by day.  

How does the legal authority of independent and democratic India address the issue of ‘marital rape’? 

By not constitutionally validating it as an offense, it can have a major setback in the growth of the country. Instead of arguing whether it is a social or legal issue, the legislative authorities should aim to protect women who are suffering.  

However, if it becomes an offense by law, many patriarchal advocates will also take offense. This issue should be dealt with care by the legal authorities. As it will be yet another landmark judgement protecting the rights and integrity of women in the country.  

Can IPC and BNS Co-exist? 

IPC was outdated, hence, BNS came into existence, a better and structured code of criminal law. While it is simple to understand, the implementation is much more complex. 

During the implementation of BNS certain questions arise.  

What will happen to the pending litigations in court? Which code will apply to them? BNS or IPC? Will both IPC and BNS co-exist? 

Crimes that are committed and registered after July 1, 2024, both BNS and BNSS are applicable.  

Whereas crimes committed and registered prior to July 1, 2024, IPC and CrPC would apply. 

However, IPC and BNS will not be applied together in any case as IPC is now repealed by BNS, a modernized criminal code.  

Conclusion 

Knowing that the changes are happening in the legal system signifies we are moving forward. BNS came with exceptional changes in the system such as strict punishment for heinous crimes, victim friendly approach, less complexity and more importantly removing all the colonial influences from independent India’s legal system. 

The reformed code has benefits as well as some issues to rethink. There’s still scope for growth.  

DigiLawyer, India’s leading legal platform, is also an example of change in modern society just like BNS. It can provide relevant and accurate information. Its algorithm contains all the vast amounts of information including the BNS law. Thus, this tool is made to cater to the current needs of society. 

FAQs 

1. Are there any changes in culpable homicide punishment? 

For culpable homicide, the punishment in BNS is stricter with minimum 5 or 10 years of imprisonment or life imprisonment if the act is done by intent. In IPC, there was no specified minimum term.  

2. Which is better, BNS or IPC? 

IPC was made in 1860. It had its own glory back then. But in today’s world, the increasing modern crime rates could not be slowed down by IPC. The need for BNS arose from this drawback of IPC. BNS comes with new sections, new punishments and includes modern crimes. So, BNS is more relevant at this time.  

3. When was IPC repealed by BNS? 

IPC was repealed by BNS on 1^st July 2023.