IPC vs BNS 2023 Complete Section Comparison Guide
BNS vs IPC 2023: Complete Section Comparison Guide for Judiciary Exam
If you ever searched “BNS 302” expecting murder (like IPC 302) and got confused, this guide is written exactly for you.
1. Introduction: Why This Topic is Now Non‑Negotiable for Judiciary Aspirants
Until a few years ago, every judiciary aspirant studied the Indian Penal Code, 1860 (IPC) as the core of criminal law. However, with the enforcement of the Bharatiya Nyaya Sanhita, 2023 (BNS) from 1 July 2024, the entire framework of substantive criminal law has been replaced.
Your judiciary exam will now test you primarily on BNS, not on IPC. But:
- Most case law and older questions still use IPC section numbers.
- Many teachers and notes still refer to IPC sections out of habit.
- Students repeatedly get stuck on questions like:
- “Is BNS 302 still murder?”
- “What is the new number of IPC 300/302/320?”
- “What exactly changed in hurt, grievous hurt, rape and cybercrime?”
This blog is designed as a complete conceptual and practical guide to BNS vs IPC for judiciary exams. It will:
- Explain why section numbers changed instead of just giving a dry mapping table.
- Cover murder, culpable homicide, hurt, grievous hurt, rape, theft, cybercrime, mob lynching etc. with IPC & BNS comparison.
- Answer the most frequently asked questions that judiciary students have.
- Give you MCQs with detailed explanations to test yourself immediately.
2. Big Picture: Why IPC Was Replaced and What BNS Tries to Fix
2.1 IPC: A 19th Century Law in a 21st Century Country
IPC was drafted in the mid‑19th century by Lord Macaulay and came into force in 1860. It served India for more than 160 years, but it was:
- Written in colonial, archaic English.
- Silent or weak on modern crimes: cybercrime, data theft, online harassment, terrorism in its modern form.
- Carrying provisions that reflected colonial priorities, not a sovereign republic:
- Section 124A (sedition) – widely criticized and misused.
- Section 377 – used to criminalise consensual homosexual acts (read down by Supreme Court).
2.2 BNS 2023: Objectives and Philosophy
BNS 2023 aims to:
- Modernise criminal law to deal with digital and organized crime.
- Streamline and consolidate provisions (511 sections in IPC → 358 sections in BNS).
- Simplify language to make statutes more accessible to citizens, police, and judges.
- Victim‑centric orientation: stronger focus on victims’ rights and speedy justice.
- Remove or narrow colonial provisions like sedition and unnatural offences.
Key idea: BNS is not just “IPC with new numbers”. It is a logical re‑organisation, consolidation, and modernisation of criminal law.
3. Structural Changes: From IPC 511 Sections to BNS 358 Sections
| Aspect | IPC 1860 | BNS 2023 |
|---|---|---|
| Total Sections | 511 | 358 |
| Language | Archaic, colonial | Simplified, modern, more gender‑neutral |
| Digital & Organized Crime | Scattered / inadequate | Dedicated provisions (cybercrime, organized crime, terrorism) |
| Conceptual Structure | Sometimes scattered logically | Re‑grouped by coherent crime categories |
| Colonial Provisions | Included (e.g., sedition) | Removed or reframed (e.g., sovereignty offences) |
BNS reorganises offences chapter‑wise more coherently. For example, offences affecting the human body, sexual offences, offences against property, and offences against the state are grouped with more clarity.
4. The Biggest Confusion: IPC 302 vs BNS 302
Memorise this now: Murder is no longer Section 302 in the new code. IPC 302 ≠ BNS 302.
4.1 What Was IPC Section 302?
IPC Section 302: Punishment for murder Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.For decades, “302” became synonymous with murder in public discourse.
4.2 What Is BNS Section 302 Now?
BNS Section 302: Uttering words, etc., with deliberate intent to wound religious feelings Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person shall be punished with imprisonment up to one year, or with fine, or with both.This roughly corresponds to IPC Section 298, not IPC 302. BNS has completely re‑numbered and re‑arranged the code.
4.3 Where Did Murder Go in BNS?
| Concept | IPC Section | BNS Section |
|---|---|---|
| Definition of Murder | Section 300 | Section 101 |
| Definition of Culpable Homicide | Section 299 | Section 100 |
| Punishment for Murder | Section 302 | Section 103 |
So, in exam terms:
- “IPC 302” (murder) ≈ “BNS 103” (murder), not BNS 302.
- BNS 302 is a much less serious offence about wounding religious feelings.
5. Murder, Culpable Homicide & Death‑Related Offences: IPC vs BNS
5.1 Conceptual Backbone: Murder vs Culpable Homicide
In both IPC and BNS, the core conceptual difference between murder and culpable homicide remains the same:
- Murder – strong intention to cause death or such bodily injury that the offender knows is likely to cause death.
- Culpable homicide – death is caused but without the degree of intention/knowledge that makes it murder.
5.2 Comparison Table – Murder & Culpable Homicide
| Offence | IPC | BNS | Key Points |
|---|---|---|---|
| Definition of Murder | Sec. 300 | Sec. 101 | Definitions conceptually similar, language modernised. |
| Definition of Culpable Homicide | Sec. 299 | Sec. 100 | Similar concept – causing death with certain intention/knowledge. |
| Punishment for Murder | Sec. 302 | Sec. 103 | Death or life imprisonment + fine. BNS adds a mob lynching clause. |
| Causing Death by Negligence | Sec. 304A | Sec. 106 | Rash or negligent act causing death. |
| Attempt to Murder | Sec. 307 | Sec. 109 | Attempt with intention or knowledge to cause death. |
5.3 New & Important: Mob Lynching Under BNS 103(2)
BNS explicitly recognises mob lynching as an aggravated form of murder. Under BNS 103(2), when five or more persons acting as a group commit murder on grounds like caste, religion, language, sex, place of birth or personal belief, each is liable to death or life imprisonment and fine.
Under IPC, mob lynching was prosecuted under ordinary murder provisions without special emphasis on the group‑hate dimension.
6. Hurt & Grievous Hurt: 8 Types You Must Master
Exam reality: Almost every serious judiciary exam asks at least one question on “hurt vs grievous hurt” and the 8 types of grievous hurt.
6.1 Definitions: IPC vs BNS
| Concept | IPC | BNS | Essence |
|---|---|---|---|
| Hurt – Definition | Sec. 319 | Sec. 111 (definition incorporated) | Causing bodily pain, disease, or infirmity. |
| Grievous Hurt – Definition | Sec. 320 | Sec. 112 (8 types retained) | Serious forms of hurt. Same 8 categories conceptually. |
| Voluntarily Causing Hurt | Sec. 323 | Sec. 115 | Intentionally causing hurt. |
| Voluntarily Causing Grievous Hurt | Sec. 325 | Sec. 117 | Intentionally causing grievous hurt – punishment enhanced. |
| Grievous Hurt by Dangerous Weapon | Sec. 326 | Sec. 118 | Weapon, fire, poison, corrosive substances etc. |
6.2 The 8 Types of Grievous Hurt (BNS 112 – Conceptual Carry‑Forward of IPC 320)
| # | Type of Grievous Hurt | Illustration |
|---|---|---|
| 1 | Emasculation | Causing permanent impotence to a male. |
| 2 | Permanent loss of sight of either eye | Blinding someone in one or both eyes permanently. |
| 3 | Permanent loss of hearing of either ear | Causing complete deafness in one or both ears. |
| 4 | Loss of any limb or joint | Amputation of an arm, leg, finger, or toe. |
| 5 | Permanent impairment of limb/joint | Paralysis or permanent weakening of a limb or joint. |
| 6 | Permanent disfiguration of head or face | Deep scar on face due to knife or acid. |
| 7 | Fracture or dislocation of a bone or tooth | Breaking a person’s arm, dislocating the shoulder. |
| 8 | Any hurt which endangers life or causes the victim to be in severe bodily pain or unable to follow ordinary pursuits for 20 days | Injury leading to hospitalization/bed rest for 20+ days. |
6.3 Simple Hurt vs Grievous Hurt – Quick Distinction
| Factor | Simple Hurt (BNS 115) | Grievous Hurt (BNS 117) |
|---|---|---|
| Nature | Minor, temporary pain or discomfort | Serious, long‑lasting, or permanent injury |
| Examples | Slap, minor bruise, ordinary swelling | Fracture, loss of eye, permanent scarring, 20+ days in pain |
| Exam Test | No match with 8 grievous types, no 20+ day effect | Fits any of the 8 grievous types |
| Punishment | Up to 3 months or fine (indicative) | Up to 7–10 years, higher if with weapon |
7. Sexual Offences: IPC vs BNS (Rape and Related Offences)
7.1 Rape: IPC 375/376 vs BNS 63/64
| Aspect | IPC | BNS | Key Change |
|---|---|---|---|
| Definition of Rape | Sec. 375 | Sec. 63 | Concept largely preserved with age of consent clarified. |
| Punishment for Rape | Sec. 376 | Sec. 64 | Punishments retained; some clarifications/enhancements. |
| Age of Consent | Effectively 15 (later interpreted as higher) | Explicitly 18 | Clear statutory protection for minors under 18. |
| Digital/Online Harassment | Covered indirectly, not explicit | Explicitly covered via sexual harassment & cyber provisions | Modernized to include online offences. |
7.2 Sexual Harassment, Stalking, Voyeurism
| Offence | IPC | BNS | Exam Focus |
|---|---|---|---|
| Sexual Harassment | Sec. 354A | Sec. 69 | Includes physical, verbal and online/virtual harassment. |
| Voyeurism | Sec. 354C | Sec. 71 | Includes recording/ sharing images/videos without consent. |
| Stalking | Sec. 354D | Sec. 72 | Now explicitly covers cyberstalking, social media following etc. |
8. Property Offences: Theft, Robbery, Cheating
| Offence | IPC | BNS | Notes |
|---|---|---|---|
| Theft | Sec. 378 | Sec. 303 | Definition preserved; can cover digital property more clearly. |
| Robbery | Sec. 390–392 | Sec. 304–306 | Elements similar; punishments aligned with gravity. |
| Cheating (e.g., IPC 420) | Sec. 415, 420 | Sec. 345, related provisions | Now integrated with electronic/online cheating possibilities. |
9. Entirely New or Significantly Modernised Provisions in BNS
These provisions either did not exist in IPC or existed in a rudimentary form.
| New/Modernised Offence | BNS Section | Why Important |
|---|---|---|
| Cybercrime | Sec. 105 and related | Clear recognition of hacking, identity theft, online fraud, data theft. |
| Organised Crime | Sec. 111 | Targeting syndicates, gangs, repeat networks. |
| Terrorist Acts | Sec. 113 | Responds to modern terrorism, similar to earlier special laws. |
| Mob Lynching | Sec. 103(2) | Specific focus on group killings motivated by hatred (caste, religion, etc.). |
| Acid Attacks | Sec. 118–119 (in structure of BNS) | Recognises acid attack as a distinct, heinous offence with severe punishment. |
| Offences Endangering Sovereignty | Sec. 152 | Narrows and replaces broad sedition (IPC 124A) with focus on sovereignty and integrity. |
10. Quick Reference: Important IPC → BNS Section Conversions
| Offence | IPC Section | BNS Section |
|---|---|---|
| Definition of Murder | 300 | 101 |
| Definition Culpable Homicide | 299 | 100 |
| Punishment for Murder | 302 | 103 |
| Death by Negligence | 304A | 106 |
| Simple Hurt (Punishment) | 323 | 115 |
| Grievous Hurt Definition | 320 | 112 |
| Grievous Hurt (Punishment) | 325 | 117 |
| Grievous Hurt by Weapon | 326 | 118 |
| Rape – Definition | 375 | 63 |
| Rape – Punishment | 376 | 64 |
| Sexual Harassment | 354A | 69 |
| Stalking | 354D | 72 |
| Theft | 378 | 303 |
| Cheating (including 420) | 415, 420 | 345 & related |
| Sedition | 124A | Replaced by sovereignty‑related offences (e.g., 152) |
11. Revision Checklist for Judiciary Exam (BNS vs IPC)
- Can you explain why IPC was replaced by BNS, beyond just “section numbers changed”?
- Can you clearly distinguish between murder (BNS 103) and culpable homicide (BNS 102) with examples?
- Can you write all 8 types of grievous hurt from memory?
- Can you correctly answer what BNS 302 deals with (and why it is NOT murder)?
- Do you know at least 10 important IPC → BNS conversions (e.g., 302→103, 320→112, 375→63, 376→64, 378→303)?
- Do you understand what is truly “new” in BNS: cybercrime, organised crime, mob lynching, sovereignty offences?
- Have you attempted at least 50 MCQs specifically on BNS sections?
If you internalise the differences and connections between IPC and BNS at the conceptual level, section numbers will automatically start making sense, and you will be far ahead of the average judiciary aspirant who is still mugging random mappings.
All the best for your judiciary exam preparation.
Disclaimer: While this guide has been prepared with utmost care, readers are advised to verify all section numbers, definitions, and legal provisions mentioned herein against the official Bharatiya Nyaya Sanhita, 2023 text and relevant court judgments. Laws are subject to amendments and judicial interpretations. For accurate legal advice, consult qualified legal professionals or official government sources. Judex Tutorials shall not be liable for any errors, omissions, or consequences arising from reliance on this content.
