Substantive Criminal Law Basics: BNS 2023 and IPC

What to remember

• The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC) from 1 July 2024. It defines offences and punishments. Offences committed before that date are still dealt with under the IPC.
• Most old offences continue under new section numbers. Some are new (organised crime, terrorist act, mob lynching, snatching), some are removed (sedition as such, adultery, the old unnatural-offence section), and community service is a new punishment.
• Court staff need awareness only: they must read the correct section in the charge sheet and know that the new number replaces the old one.

Where the law stands

Substantive criminal law answers two questions: what is an offence, and what is the punishment? Procedure (BNSS) answers how the case is run. The BNS has about 358 sections against about 511 in the IPC, because related provisions were joined, and it is arranged to put offences against women and children first, then offences against the human body, then property offences. The IPC was a colonial-era code, and the BNS is its modern replacement.

A criminal offence has the elements of a guilty act (actus reus) and a guilty mind (mens rea), except where the law makes an act punishable without intent. General exceptions, such as acts of a child below a certain age, acts by a person of unsound mind, and the right of private defence, exclude criminal liability. Both the IPC and the BNS have them.

Punishments under the BNS

The BNS lists these kinds of punishment:

• 1. Death
• 2. Imprisonment for life (as the courts have held, for the remainder of the convict's natural life, subject to remission by the Government)
• 3. Imprisonment: rigorous (with hard labour) or simple
• 4. Forfeiture of property in some cases
• 5. Fine
• 6. Community service (new): for certain petty offences, in place of jail time.

Where a person is under a death sentence or life sentence, the Government has power to commute or remit under the law. Fine can be recovered, and non-payment of fine can lead to imprisonment in default.

Key offences: IPC and BNS

The table gives awareness-level mapping. Section numbers are given for reference; check the latest official text before quoting in a legal paper.

What is new, changed or removed

General principles you should know

• Age: a very young child is not criminally liable at all. A child above that age but below a higher age is liable only if mature enough to understand the act.
• Unsound mind: a person who, because of unsoundness of mind, cannot know the nature of the act or that it is wrong or against law, is not liable.
• Private defence: every person may protect his or her own body and property, and those of others, against an unlawful attack, using only the force needed. The right to cause death arises only in grave cases such as an attack that reasonably causes fear of death or grievous hurt.
• Common intention and group liability: if several persons do a criminal act in furtherance of a common intention, each is liable as if he or she did it alone.
• Abetment, attempt and conspiracy can be punished even where the main offence is not completed.
• Public servants: the BNS also covers offences by and against public servants, such as taking a bribe (dealt with mainly under a separate anti-corruption law) and obstructing a public servant in the discharge of duty. Court staff are public servants and must act with honesty and care for records.
• Offences relating to documents and false evidence: giving false evidence, forging a document, or destroying a document to prevent its use as evidence are offences. For court staff, tampering with a court record is a serious matter that may bring both criminal and departmental action.

Common offences explained

• Murder vs culpable homicide: both involve causing death. Murder needs the intention to kill, or knowledge that the act will almost certainly cause death. Culpable homicide not amounting to murder covers less serious cases of intention or knowledge. Murder is punished with death or life imprisonment and fine.
• Theft: taking movable property from a person's possession without consent, with dishonest intent. If force or fear of hurt is used, it becomes robbery. If five or more persons commit or attempt robbery together, it is dacoity.
• Extortion: forcing a person to give property by putting him or her in fear of injury.
• Cheating: deceiving a person to make him or her hand over property.
• Criminal breach of trust: a person entrusted with property dishonestly misuses it.
• Hurt and grievous hurt: hurt is bodily pain, disease or infirmity. Grievous hurt includes serious injuries such as loss of sight or hearing, fracture or dislocation of a bone or tooth, and injury that endangers life.
• Kidnapping: taking or enticing a minor or a person of unsound mind from lawful guardianship, or taking a person out of India without consent.
• Defamation: harming a person's reputation by words or signs. Community service may be a punishment in some cases.
• Dowry death: the death of a woman within seven years of marriage in unnatural circumstances, if she was harassed for dowry soon before her death.
• Criminal conspiracy: agreement between two or more persons to commit an offence.
• Abetment and attempt: abetment is instigating, aiding or conspiring. Attempt is an act done towards committing an offence that does not succeed.

Offences against women and children

The BNS has a dedicated group of offences against women and children at the start: sexual offences, acid attack, stalking, voyeurism, trafficking and similar. Offences involving children are also covered by the Protection of Children from Sexual Offences Act (POCSO). Cases under such laws are tried by special courts and often in camera, so staff must handle these files with confidentiality, and must not reveal the identity of the victim in any paper.

Why this matters in the office

• The charge sheet and the charge name sections of the BNS for new offences and of the IPC for old ones. The staff must copy sections exactly from the charge sheet.
• For cases that cover a period before and after 1 July 2024, the law in force on the date of the offence normally applies.
• Registers, warrants and judgments should name the correct Act (IPC or BNS), the section, and the punishment.
• Staff do not give legal opinions; they follow the order of the court.

Exam traps

• IPC murder is 302; BNS murder is 103. Do not mix them.
• Theft becomes robbery when force or fear is used; robbery with five or more persons is dacoity.
• Culpable homicide is not the same as murder.
• Sedition was removed as a named offence; it was not "renamed" with the same words.
• Community service is a new punishment, not a new offence.
• Mob lynching needs a group of five or more.
• BNS has fewer sections than IPC. Do not assume the numbers match.
• Old offences before 1 July 2024 are still tried under the IPC.

One-liners

• 1. BNS replaced the IPC.
• 2. The IPC dates from 1860.
• 3. The BNS was enacted in 2023.
• 4. BNS murder section is 103.
• 5. BNS cheating section is 318.
• 6. BNS theft section is 303.
• 7. Robbery is Section 309 BNS; dacoity Section 310.
• 8. Community service is a new punishment.
• 9. Mob lynching is a new specific offence.
• 10. Organised crime is a new offence.
• 11. Sedition (124A) is not in the BNS in that form.
• 12. Life imprisonment has been held to mean the convict's natural life, subject to lawful remission.

Practice questions

1. The Indian Penal Code was replaced by the:

   1. Bharatiya Nagarik Suraksha Sanhita, 2023
   2. Code of Civil Procedure
   3. Bharatiya Sakshya Adhiniyam, 2023
   4. Bharatiya Nyaya Sanhita, 2023
   Answer

   D. Bharatiya Nyaya Sanhita, 2023

   BNS, 2023 replaced the IPC.

2. The IPC was enacted in:

   1. 1908
   2. 1860
   3. 1872
   4. 1973
   Answer

   B. 1860

   The Indian Penal Code dates from 1860.

3. The BNS came into force on:

   1. 2 October 2023
   2. 1 April 2025
   3. 26 January 2023
   4. 1 July 2024
   Answer

   D. 1 July 2024

   The new criminal laws started on 1 July 2024.

4. Substantive criminal law deals with:

   1. What is an offence and its punishment
   2. How decrees are executed
   3. How a trial is conducted
   4. How court fee is paid
   Answer

   A. What is an offence and its punishment

   Procedure is a separate subject.

5. Murder under the BNS is punished under Section:

   1. 302
   2. 103
   3. 105
   4. 304
   Answer

   B. 103

   IPC 302 became BNS 103.

6. Cheating under the IPC was Section 420. Under the BNS it is Section:

   1. 318
   2. 303
   3. 316
   4. 309
   Answer

   A. 318

   BNS 318 deals with cheating.

7. Theft under the BNS is Section:

   1. 310
   2. 309
   3. 318
   4. 303
   Answer

   D. 303

   IPC 379 became BNS 303.

8. Robbery under the BNS is Section:

   1. 309
   2. 316
   3. 303
   4. 310
   Answer

   A. 309

   IPC 392 became BNS 309.

9. Dacoity under the BNS is Section:

   1. 316
   2. 318
   3. 309
   4. 310
   Answer

   D. 310

   IPC 395 became BNS 310.

10. Dacoity is robbery committed by at least:

    1. Ten persons
    2. Five persons
    3. Three persons
    4. Two persons
    Answer

    B. Five persons

    Five or more persons make it dacoity.

11. Theft becomes robbery when:

    1. Force or fear of hurt is used
    2. The thief is caught
    3. The thing stolen is costly
    4. It happens at night
    Answer

    A. Force or fear of hurt is used

    Violence or fear turns theft into robbery.

12. Culpable homicide not amounting to murder in the BNS is Section:

    1. 115
    2. 105
    3. 106
    4. 103
    Answer

    B. 105

    IPC 304 became BNS 105.

13. Death by negligence in the BNS is in Section:

    1. 103
    2. 105
    3. 117
    4. 106
    Answer

    D. 106

    IPC 304A became BNS 106.

14. Dowry death in the BNS is Section:

    1. 63
    2. 80
    3. 85
    4. 137
    Answer

    B. 80

    IPC 304B became BNS 80.

15. Cruelty by husband or relatives (old IPC 498A) is in the BNS Section:

    1. 85
    2. 356
    3. 103
    4. 80
    Answer

    A. 85

    BNS 85 replaces 498A.

16. Rape is defined in the BNS in Section:

    1. 80
    2. 137
    3. 63
    4. 309
    Answer

    C. 63

    BNS 63 corresponds to IPC 375.

17. Defamation under the BNS is Section:

    1. 318
    2. 103
    3. 316
    4. 356
    Answer

    D. 356

    IPC 499/500 became BNS 356.

18. Criminal conspiracy under the BNS is Section:

    1. 61
    2. 85
    3. 80
    4. 137
    Answer

    A. 61

    IPC 120B became BNS 61.

19. Which punishment is new under the BNS?

    1. Death
    2. Community service
    3. Rigorous imprisonment
    4. Fine
    Answer

    B. Community service

    Community service is newly added for petty offences.

20. Which offence is newly created in the BNS?

    1. Theft
    2. Cheating
    3. Mob lynching
    4. Murder
    Answer

    C. Mob lynching

    Mob lynching was not a separate IPC offence.

21. Mob lynching requires a group of at least:

    1. Two
    2. Ten
    3. Three
    4. Five
    Answer

    D. Five

    Five or more persons.

22. Which IPC offence was removed as a named offence in the BNS?

    1. Sedition (124A)
    2. Robbery
    3. Murder
    4. Theft
    Answer

    A. Sedition (124A)

    Sedition was removed; a new offence on acts endangering sovereignty was added.

23. Snatching in the BNS is:

    1. Same as murder
    2. A separate offence
    3. Removed completely
    4. A civil wrong
    Answer

    B. A separate offence

    Snatching is a new separate offence.

24. Offences committed before 1 July 2024 are generally tried under the:

    1. BNS
    2. CPC
    3. IPC
    4. BSA
    Answer

    C. IPC

    The law in force on the offence date applies.

25. Murder differs from culpable homicide not amounting to murder in:

    1. The age of the accused
    2. The court fee
    3. The place of crime
    4. The degree of intention or knowledge
    Answer

    D. The degree of intention or knowledge

    Murder needs the higher degree.

26. Forcing a person to give property by putting him in fear of injury is:

    1. Theft
    2. Cheating
    3. Extortion
    4. Defamation
    Answer

    C. Extortion

    This is extortion.

27. A person dishonestly misusing property entrusted to him commits:

    1. Theft
    2. Kidnapping
    3. Robbery
    4. Criminal breach of trust
    Answer

    D. Criminal breach of trust

    Entrustment is the key idea.

28. Inducing a person by deceit to hand over property is:

    1. Dacoity
    2. Cheating
    3. Robbery
    4. Hurt
    Answer

    B. Cheating

    Deceit is the mark of cheating.

29. Acid attack and stalking are grouped in the BNS under offences against:

    1. Women and children
    2. The State
    3. Property
    4. Public servants
    Answer

    A. Women and children

    They are in the first group of offences.

30. Cases involving child sexual offences are also governed by the:

    1. POCSO Act
    2. Limitation Act
    3. Court Fees Act
    4. Contract Act
    Answer

    A. POCSO Act

    POCSO deals with child sexual offences.

31. Which statements are correct? 1. The BNS replaced the IPC. 2. The BNSS replaced the CrPC.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

32. Which statements are correct? 1. Community service is a punishment under the BNS. 2. Mob lynching is a separate offence in the BNS.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

33. Which statements are correct? 1. Sedition was retained as Section 124A in the BNS. 2. The BNS has a new offence of acts endangering sovereignty.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    124A was not retained; the new offence exists.

34. Which statements are correct? 1. Robbery needs force or fear. 2. Dacoity needs five or more persons.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

35. Which statements are correct? 1. Murder is IPC 302. 2. Murder is BNS 103.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct for their own Code.

36. Which statements are correct? 1. Court staff may tamper with records if told by a party. 2. Tampering with a court record can bring criminal and departmental action.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Statement 1 is wrong.

37. Which statements are correct? 1. Offence names and sections should be copied exactly from the charge sheet. 2. The staff give legal opinions on guilt.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Staff follow the court's order and do not give opinions.

38. Which statements are correct? 1. Adultery under IPC 497 is retained in the BNS. 2. Unnatural-offence section 377 is retained in the BNS as such.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Neither is retained.

39. A child below a very young age is, in criminal law:

    1. Liable only with a lawyer
    2. Always liable
    3. Liable only for theft
    4. Not criminally liable
    Answer

    D. Not criminally liable

    General exceptions protect very young children.

40. Private defence allows a person to:

    1. Arrest a Magistrate
    2. Take revenge later
    3. Use only the force necessary against an unlawful attack
    4. Use any force at any time
    Answer

    C. Use only the force necessary against an unlawful attack

    Force must be needed and proportionate.

41. An act done by several persons in furtherance of a common intention makes:

    1. Only the leader liable
    2. Nobody liable
    3. Each person liable as if he did it alone
    4. Only the youngest liable
    Answer

    C. Each person liable as if he did it alone

    This is joint liability.

42. An agreement between two or more persons to commit an offence is:

    1. Criminal conspiracy
    2. Extortion
    3. Theft
    4. Defamation
    Answer

    A. Criminal conspiracy

    This is conspiracy.

43. Harming a person's reputation by words or signs is:

    1. Culpable homicide
    2. Defamation
    3. Dacoity
    4. Kidnapping
    Answer

    B. Defamation

    This is defamation.

44. In the BNS, the death of a woman within seven years of marriage after dowry harassment is:

    1. Cheating
    2. Defamation
    3. Theft
    4. Dowry death
    Answer

    D. Dowry death

    This is a dowry death.

45. Hit-and-run in the BNS carries:

    1. A higher punishment when the driver flees without reporting
    2. A court fee
    3. No punishment
    4. Only a civil fine
    Answer

    A. A higher punishment when the driver flees without reporting

    Running away without reporting aggravates the punishment.