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Comparative Table of IPC and Bharatiya Nyaya Sanhita, 2023

The Law Advice 30 Dec, 2023 Criminal Law

Comparative Table of IPC and Bharatiya Nyaya Sanhita, 2023

Section in the Bill

Title (and Chapter) in the Bill

Relevant section in IPC (*)

Chapter I Preliminary

Short title, commencement, application

General explanations and expressions

S.6, S.7, S.27, S.32, S.34, S.35-S.38*

Chapter II

Of Punishments

Commutation of sentence

Fractions and terms of punishment

Sentence may be wholly or partly rigorous or simple

Amount of fine, liability in default etc

Limit of punishment

Punishment of person guilty of several offences

Limit of solitary confinement

Enhanced punishment for certain offences

Chapter III General Exceptions

Act by person bound by mistake of fact believing himself bound by law

Act of judge acting judicially

Act pursuant to judgement

Act under mistake of fact

Accident in doing a lawful act

Act without criminal intent and to prevent other harm

Act of child under seven years of age

Act of child above seven and under twelve, of immature understanding

Act of person with mental illness

Act of person incapable of judgement by reason of intoxication ^

Offence requiring intent or knowledge done by intoxicated person

Act not intended to be likely to cause death or grievous hurt done by consent

Act not intended to cause death or grievous hurt done in good faith

Act done in good faith for benefit of child or person with mental illness

Consent under fear or misconception

Exclusion of acts which are offences independent of harm caused

Act done in good faith for benefit of person without consent

Communication made in good faith

Act to which a person is compelled by threats

Act causing slight harm

Of right of private defence

Things done in private defence

Right of private defence of body and property

Right of private defence against person with mental illness

Act against which there is no private defence

When right of private defence of the body extends to causing death

When such right extends to causing any harm other than death

Commencement and continuance of the right of private defence of the body

When the right of private defence of property extends to causing death

When right extends to causing any harm other than death

Commencement and continuance of the right of private defence of property

Right of private defence against deadly assault

Chapter IV

Of Abetment, Criminal Conspiracy and Attempt

Of Abetment

Abetment of a thing

Abetment in India of offences outside India

Abetment outside India for offence in India

Punishment where no express provision is made for punishment

Punishment if abetted person does act with different intention

Liability of abettor when one act abetted and different act done

Abettor when liable to cumulative punishment

Liability of abettor when act abettor different from intended

Abettor present when offence is committed

Abetment of offence punishable with death or imprisonment for life

Abetment of offence punishable with imprisonment

Abetting commission of offence by more than ten persons

Concealing design to commit Offence punishable with death or imprisonment for life

Public servant concealing design

Concealing design to commit offence punishable with imprisonment

Of Criminal Conspiracy

Of Attempt

Chapter V

Of Offences against Women and Children

Of Sexual Offences

Punishment for rape

Punishment for rape in certain cases

(1)Rape on woman under 16 years of age

(2)Rape on woman under 12 years of age

Rape causing death or persistent vegetative state

Sexual intercourse during separation ^

Sexual intercourse by person in authority

Sexual intercourse by deceitful means or false promise to marry

(2) Gang rape on women under the age of 18

Disclosure of identity of victim

Of criminal force and assault against women

Assault or criminal force to woman to outrage her modesty

Assault or criminal force with intent to disrobe

Word, gesture, act intended to insult modesty of a woman

Of offences relating to marriage

Cohabitation by deceitfully inducing belief of lawful marriage

Marrying again during lifetime of husband/wife

Marriage ceremony, fraudulently gone through

Enticing or detaining married woman

Cruelty by husband or relative

Kidnapping, abducting, inducing woman to compel marriage etc.

Of causing miscarriage etc

Causing miscarriage without woman’s consent

Death caused by act done to cause miscarriage

Act to prevent child being born alive or cause death after birth

Causing death of quick unborn child

Of offences against children

Exposure and abandonment of child under twelve

Concealment of birth by disposal of dead body

Hiring, employing or engaging a child to commit an offence

Procuration of child

Kidnapping or abducting child under ten to steal from its person

Selling child for prostitution

Buying child for prostitution

Chapter VI

Of offences Affecting The Human Body

Of offences affecting life

Culpable homicide by causing death of person other than person whose death was intended

(1) Punishment for murder

(2) Punishment for mob lynching

Punishment for murder by life-convict

Punishment for culpable homicide not amounting to murder

(1) Causing death by negligence

(2) Punishment for non reporting of rash or negligent act causing death

Abetment of suicide of child or person with mental illness

Abetment of suicide

Attempt to murder

Attempt to commit culpable homicide

Petty organized crime or organized in general

Offence of terrorist act

Of hurt

Voluntarily causing hurt

Voluntarily causing grievous hurt

(3) Grievous hurt causing permanent disability or persistent vegetative state

(4) Hurt caused by a mob

Voluntarily causing hurt or grievous hurt by dangerous weapons or means

Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act

Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property

Voluntarily causing hurt or grievous hurt to deter public servant from his duty

Voluntarily causing hurt or grievous hurt on provocation

Causing hurt by means of poison, etc., with intent to commit an offence

Voluntarily causing grievous hurt by use of acid, etc.

Act endangering life or personal safety of others

Of Criminal Force and Assault

Punishment for assault or criminal force otherwise than on grave provocation

Assault or criminal force to deter public servant from discharge of his duty

Assault or criminal force with intent to dishonor person, otherwise than on grave provocation

Assault or criminal force in attempt to commit theft of property carried by a person

Assault or criminal force in attempt wrongfully to confine a person

Assault or criminal force on grave provocation

Of Kidnapping, Abduction, Slavery and Forced Labour

Kidnapping or maiming a child for purposes of begging

Kidnapping or abducting in order to murder or for ransom etc.

Importation of girl or boy from foreign country

Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Trafficking of person

Exploitation of a trafficked person

Habitual dealing in slaves

Unlawful compulsory labour

Chapter VII

Of Offences against State

Waging war against Government of India

Conspiracy to commit offences u/s 145

Collecting arms to wage war

Concealing to facilitate design to wage war

Assaulting President, Governor

Acts endangering sovereignty unity and integrity of India

Waging war against foreign state

Depredation on territories of foreign state

Receiving property taken by war or depredation

Public servant voluntarily allowing prisoner of state or war to escape^

Public servant negligently allowing prisoner to escape

Aiding escape or harbouring such prisoner

Chapter VIII

Of Offences Relating To The Army, Navy And Air Force

Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

Abetment of mutiny, if mutiny is committed in consequence thereof

Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

Abetment of such assault, if the assault committed

Abetment of desertion of soldier, sailor or airman

Deserter concealed on board merchant vessel through negligence of master

Abetment of act of insubordination by soldier, sailor or airman

Persons subject to certain Acts

Wearing garb or carrying token used by soldier, sailor or airman

Chapter IX

Of Offences Relating To Elections

Candidate, electoral right defined

Undue influence at elections

Personation at elections

Punishment for bribery

Punishment for undue influence or personation at an election

False statement in connection with an election

Illegal payments in connection with an election

Failure to keep election accounts

Chapter X

Of Offences relating to coin, currency notes, bank notes, and government stamps

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

Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes

258, S. 260, S.489B*

Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes

S. 252-S. 253, S. 259, S. 489C

Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes

Making or using documents resembling currency- notes or bank-notes

Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

Using Government stamp known to have been before used

Erasure of mark denoting that stamp has been used

Prohibition of fictitious stamps

Person employed in mint causing coin to be of different weight or composition from that fixed by law

Unlawfully taking coining instrument from mint

Chapter XI

Of Offences Against The Public Tranquility