Research and Articles

S. No.

Provisions of BNS

Corresponding Provisions in IPC

Comments

Applicability, definitions, and interpretation of the BNS

1.

Section 1

Sections 1 to 5

The applicability of BNS is mostly similar to the provisions of the IPC.

2.

Section 2

Sections 6 to 52A.

The BNS has consolidated and provided all the definitions for the terms used therein under Section 2. BNS also defines terms such as “child”, “transgender”, etc. which were undefined under the IPC.

A “child” has been defined as any person below the age of eighteen years.⁴⁴ This has helped in providing the much-needed uniformity in the penal code. IPC had employed various different terms, such as “minor” or “child under the age of eighteen years”. The BNS has replaced all references to a “minor” or “child under the age of eighteen years” with “child”, as defined in the BNS.

Further, “transgender”⁴⁵ has been defined to have the same meaning as under Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019.⁴⁶

Definition of “India” under Section 18 of IPC has been removed under the BNS, which defined India to exclude the State of Jammu and Kashmir.⁴⁷

Section 2(39) also consolidates all the definitions borrowed from the Information Technology Act, 2000 (“IT Act”) in the IPC, and provides that all word and expressions used but not defined in BNS, but which are defined in the IT Act, shall have the same meaning as the defined under the IT Act.⁴⁸ This will help in not only streamlining the statute, but also help in avoiding ambiguity in relation to undefined terms used in the BNS.

3.

Section 3

Sections 6, 7, 27, 32, 34 to 38

Section 3 provides the general explanation on the interpretation of various expressions used in the BNS. No material changes have been made while incorporating the corresponding provisions of the IPC in the BNS.

Punishments under the BNS

4.

Sections 4 to 13

Sections 53 to 55A, 57, 60, 63 to 75

Section 4 of BNS, which provides the various punishments available under the statute, largely mirrors Section 53 of the IPC. BNS introduces “community service” as a punishment for certain petty offences.⁴⁹ While no definition is given in the BNS, “community service” has been defined in the BNSS as “the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.”⁵⁰ This introduces a reformative approach in the punishment scheme under BNS.

However, community service has been prescribed only for 6 minor offences, namely, a public servant unlawfully engaging in trade,⁵¹ non-appearance in response to a proclamation,⁵² attempt to commit suicide to compel or restrain exercise of lawful power,⁵³ petty theft (of property less than INR 5,000/- in value) upon return of the property by a first time offender,⁵⁴ misconduct in public by a drunken person,⁵⁵ and defamation.⁵⁶ Further, the BNS is silent on the basis of sentencing community service or term to which a person may be sentenced to community service.

Section 8 of BNS embodies Sections 63 to 70 of the IPC. It provides imprisonment in cases where a person defaults in payment of fine or in community service.⁵⁷  The monetary thresholds for the maximum fine have been enhanced in light of the enhancements in the fines across the BNS.⁵⁸

General exceptions in case of offences committed under the BNS

5.

Sections 14 to 33

Sections 76 to 95

These sections provide the general exceptions, whereby certain acts or acts of certain persons would not be offences under the BNS. These are broadly similar to the general exceptions under the IPC.

6.

Sections 34 to 44

Sections 96 to 106

These sections provide the general exception of right to private defence and are broadly similar to the provisions of the  IPC. However, Sections 41 and 43⁵⁹ replace the word “by night” with “after sunset and before sunrise”, in relation to housebreaking and right of private defence of property.⁶⁰

Inchoate offences: Abetment, Criminal Conspiracy and Attempt

7.

Sections 45 to 60

Sections 107 to 108, 108A, 109 to 120.

These sections define and provide the punishment for abetment of an offence under the BNS.

In a first, Section 48 of the BNS criminalises abetment outside India for commission of offences in India. Thus, person(s) outside India may also be held liable for abetting commission of offences in India.

The punishment for abetment of commission of an offence by public or by more than 10 persons has been increased to imprisonment of either description up to 7 years, and also fine.⁶¹ Under IPC, the punishment for the same offence was imprisonment up to 3 years, or fine, or both.⁶²

8.

Sections 61 and 62

Sections 120A, 120B and 511

Section 61 of BNS define and provide punishment for the offence of criminal conspiracy.⁶³

Section 62 of BNS provides punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.⁶⁴

No material changes have been made in this regard.

Organised crimes and terrorist acts

9.

Sections 111 to 112

-N/A-

For the first time, BNS has introduced “organised crime” as an offence under a central law.⁶⁵ Until now, “organised crime” has only been governed by special legislations introduced by the states, such as the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA”), Gujarat Control of Terrorism and Organised Crime Act, 2015 (“GCTOCA”), etc. The BNS draws heavily from these state legislations. Offence of “organised crime” requires any “continuing unlawful activity”⁶⁶ such as kidnapping, robbery, extortion, land grabbing, contract killing, economic offences, cyber-crime, etc., by any person or group of persons acting in concert, singly or jointly, as a member of an “organised crime syndicate”⁶⁷ or on behalf of the syndicate, by use of violence, threat of violence, intimidation, coercion or other unlawful means to obtain “direct or indirect material benefit including financial benefit”. However, the definition of “organised crime” is vague as it uses phrases such as “land grabbing”, “contract killing” and “cyber-crimes”, which have not been defined under the BNS. Further, while the term “economic offences” has been defined in Explanation (iii) to Section 111(1), it uses the phrases such as “hawala transactions” and “mass-marketing fraud”, which have not been defined under the BNS.

Pursuant to the comments of the Parliamentary Standing Committee (“PSC”),⁶⁸ some modifications were made to these provisions. One of the comments in the PSC Report on BNS was that the provision did not differentiate between the actual commission of “organised crime” and an attempt to commit it and recommended a separate penal provision for the same.⁶⁹ This was incorporated in the BNS, under Section 111(3). However, the punishment provided for attempt⁷⁰ to commit “organised crime” is the same as the punishment for commission of “organised crime” which does not result in the death of any person.⁷¹ Therefore, there is no practical difference between the commission of actual offence and the attempt to commit the same.

BNS also creates another category of offence, namely, “petty organised crime”,⁷² which is distinct from the “organised crime” discussed above. This does not find any mention in the existing state legislations such as MCOCA or GCTOCA. Unlike “organised crime”, Section 112 does not prescribe the requirements of “continuing unlawful activity” or obtaining “direct or indirect material benefit” from the crime. “Petty organised crime” has been defined as acts of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or other similar criminal activities, committed by person, being a member of a group or a gang. Just like “organised crime”, “petty organised crime” also suffers from ambiguity due to the use of undefined terms such as “pick pocketing”, “card skimming”, etc. Moreover, Section 112 also criminalises “other similar criminal activities”. Thus, the scope of offences covered under “petty organised crime” remains unbound.

However, offences such as theft⁷³ and snatching⁷⁴ have already been criminalised under BNS. Therefore, the interplay of Sections 112, 303 and 304 will have to be seen.

10.

Section 113

-N/A-

Section 113 defines and criminalises the offence of “terrorist act”. This is the first time “terrorist act” has been criminalised in a general statute, separate from the specialised legislations such as Unlawful Activities (Prevention) Act, 1967 (“UAPA”).

“Terrorist act” has been defined as any act done with the intent to threaten or likely to threaten the unity, integrity, sovereignty, or economic security of India, or with the intent to strike terror or likely to strike terror in people or any section of people in India or in a foreign country.⁷⁵ Just like UAPA,⁷⁶ Section 113 recognises ordinary crimes (such as causing or likely to cause death or injury,⁷⁷ damage or destruction of property,⁷⁸ use of criminal force,⁷⁹ etc.) as “terrorist acts”, if done with a specific intent, as described above.⁸⁰

Any person found guilty of committing terrorist acts shall be punished with death or imprisonment for life, and also a fine, if such acts resulted in death of any person,⁸¹ or with imprisonment for a term not less than five years, but extendable up to life imprisonment, and also fine, in all other cases.⁸² This is identical to the punishment for committing a terrorist act under the UAPA.⁸³ Similarly, both BNS and UAPA prescribe identical punishments for other offences relating to terrorist acts, such as conspiring, attempting to commit or abetting terrorist acts,⁸⁴ organising terrorist camps,⁸⁵ being member of organisation involved in terrorist acts,⁸⁶ voluntarily harbouring or concealing any person known to have committed a terrorist act,⁸⁷ and knowingly possessing any property derived or obtained from terrorist acts.⁸⁸

As the UAPA is a special statute, it ought to take precedent over the BNS in relation to the offence of terrorist act. However, the BNS has empowered the officers not below the rank of Superintendent of Police to decide whether to register the case for terrorist acts under UAPA or BNS.⁸⁹ Depending upon which statute has been invoked, the procedure for the trial shall be governed by BNSS, or the procedure under the UAPA.⁹⁰

Offences against the State

11.

Sections 147 to 158

Sections 121 to 130

One of the most crucial changes in offences against the state has been the deletion of the offence of sedition.⁹¹

However, BNS has introduced a new offence in the same vein as sedition, namely, “acts endangering sovereignty, unity and integrity of India”.⁹² Section 152 penalises persons who excite or attempt to excite, secession or armed rebellion or subversive activities, or encourage feelings of separatist activities or endanger sovereignty or unity and integrity of India or indulges in or commits any such act.

Section 152 also expressly includes the words “purposely or knowingly”, explicitly including the mens rea requirement for being held guilty for this offence.

However, this provision does not specify or define the scope of activities which have been criminalised, which remain vague. This may have to judicially tested once the BNS comes into force especially with the objective to safeguard and balance the freedom of speech and expression with public order.

For instance, the dictionary definition of “subversive” or “to subvert” are intrinsically linked to the idea of any action that challenges or undermines an established authority.⁹³ This definition is extremely broad. Therefore, in absence of any set definition, one can only guess what nature of activities may be considered “subversive” under this provision, or the degree or extent of harm that may occur before an activity can be considered to be “subversive”. This would have to be read with the explanation to Section 152 which carves an exception for comments expressing disapprobation of actions of the government for bringing a change in the same through lawful means without exciting or attempting to excite the activities described in the section.

We have seen in the past that the Supreme Court has struck down provisions or elements of a provision which are vague in nature.⁹⁴

Further, Section 152 of the BNS expands the scope of the harm. Under Section 124A of the IPC, only actions that excited or attempted to excite hatred towards the “Government established by law in India” were criminalised. However, Section 152 criminalises all actions that endanger the sovereignty or unity and integrity of India or encourages separatist activities. This expands the scope of harm from actions against the “Government established by law” to a generic reference to “India”.

Section 152 also recognises electronic communication or use of financial means as acts that are criminalised under this provision. However, no thresholds have been laid out to determine what extent of electronic communication or use of financial means would attract this provision.

Further, the offences against allied states of India (such as waging war⁹⁵ or committing depredation on territories⁹⁶) have been expanded from commission of such offences against  “Asiatic Powers” to “Government of foreign states at peace with the Government of India”.

No other material changes have been made to these provisions.

Offences against public tranquillity such as unlawful assembly, rioting, affray, etc.

12.

Sections 189 to 197

Sections 141 to 153, 153A, 153B, 154 to 160

BNS introduces an additional ground while dealing with imputations, assertions prejudicial to national integration;⁹⁷ i.e., making or publishing false or misleading information which jeopardises the sovereignty, unity and integrity or security of India.

Section 197 of the BNS includes electronic communication for commission of offences thereunder.

The scope of the applicability of this provision is also uncertain, which may also impact any publisher of any such “false or misleading information”.

However, its implementation and effectiveness would depend on the interpretation of what constitutes “false or misleading” information “jeopardising the sovereignty, unity and integrity or security of India”. The Bombay High Court is currently considering the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 in the case of Kunal Kamra v. Union of India.⁹⁸  Rule 3(1)(b)(v) of these rules also refers similar phrases such as “false” and “misleading” for issuing directions for blocking of information identified by the government.

Contempt of lawful authority of public servants

13.

Sections 206 to 226

Sections 172 to 174, 174A, 175 to 190

Chapter XIII of the BNS deals with the offences relating to contempt of lawful authority of public servants. This include offences such as absconding to avoid service of summons, omission to produce documents by persons legally bound to produce the same, furnishing false information, refusing to sign statements, etc. This corresponds to Chapter X of the IPC.

One new provision has been added under this Chapter. Section 226 of BNS criminalises attempt to commit suicide to compel or restrain exercise of lawful power by a public servant. A person guilty under Section 226 shall be punished with a simple imprisonment for a term up to one year, or with fine, or both, or with community service.

Other changes include enhanced punishments for offences such as in cases of absconding to avoid⁹⁹ or preventing¹⁰⁰ service of summons, non-attendance in obedience to an order from public servant,¹⁰¹ etc., where the fine amounts have increased from five hundred rupees to five thousand rupees, and one thousand rupees to ten thousand rupees, respectively.

Similarly, the fines for furnishing false information,¹⁰² refusing oath when required by public servant¹⁰³ and refusing to answer to public servant¹⁰⁴ have from one thousand rupees to five thousand rupees. Fine for refusing to sign a statement¹⁰⁵ has been enhanced from five hundred rupees to three thousand rupees.

Section 209¹⁰⁶ of BNS provides alternative punishment of community service for failing to appear in response to a proclamation for absconding persons under Section 84(1) of the BNSS, in additional to the imprisonment for a term up to three years, or fine, or both.

Section 217¹⁰⁷ of the BNS enhances the punishment for providing false information with intent to cause public servant to use his lawful power to cause injury to another person. The punishment has been enhanced to imprisonment of either description for a term of up to one year, or fine up to ten thousand rupees, or both.¹⁰⁸

Section 221¹⁰⁹ of BNS has enhanced the punishment for the offence of obstructing public servant in discharge of public functions. The offence is now punishable with imprisonment of either description for a term up to three months, or with fine up to two thousand five hundred rupees, or with both.

Section 222¹¹⁰ of BNS embodies Section 187 of the IPC, which penalised the offence of omitting to assist public servant when bound by law to give such assistance. BNS has enhanced the fine from two hundred rupees to two thousand five hundred rupees. However, in case where such assistance has been demanded by the public servant, who is legally competent to make such demand for the purpose of executing any process issued by court or to prevent commission of the offences listed in Section 222(b), the fine has been enhanced from five hundred rupees to five thousand rupees.¹¹¹

Lastly, Section 223¹¹² of BNS (which embodies Section 188 of IPC) has enhanced the punishment for the offence of disobeying the order duly promulgated by a public servant. The punishment has been enhanced from imprisonment up to one month or fine up to two hundred rupees, to imprisonment up to six months or fine up to two thousand five hundred rupees, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person.¹¹³ However, in case such disobedience causes or tends to cause danger to human life, health, safety, or causes or tends to cause a riot or affray, punishment has been enhanced from imprisonment up to six months or fine up to one thousand rupees, to imprisonment up to one year or fine up to five thousand rupees.¹¹⁴

False evidence and offences against public justice

14.

Sections 227 to 269

Sections 191 to 195, 195A, 196 to 216, 216A, 217 to 225, 225A, 225B, 227 to 229, 229A

Chapter XIV of the BNS defines and provides punishments for offences against public justice, such as giving or fabricating false evidence, harbouring offenders, obtaining decrees for sum not due, etc. This corresponds to Chapter XI of the IPC.

The provisions under this Chapter are largely similar to the provisions under IPC, with only enhanced punishments for various offences thereunder.

Section 229 of the BNS embodies Section 193 of the IPC, which provided punishment for false evidence. If a person intentionally gives or fabricates false evidence to be used in any stage of judicial proceeding, the BNS now provides a maximum fine of up to ten thousand rupees.¹¹⁵ In all other cases where a person gives or fabricates false evidence, the BNS provides a maximum fine of up to five thousand rupees.¹¹⁶ Similarly, BNS now also provides a maximum fine of up to fifty thousand rupees for giving or fabricating false evidence with the intent to procure conviction in a capital offence,¹¹⁷ and up to five thousand rupees for intentional omission to give information of offence by person bound to inform.¹¹⁸

Punishments for destruction of document or electronic record to prevent its production as evidence¹¹⁹ and fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution¹²⁰ has been enhanced from imprisonment up to two years or fine (without any maximum limit), to imprisonment up to three years or fine up to five thousand rupees.

BNS also provides enhanced punishment for false charge of offence made with intent to injure. If a person institutes or causes to be instituted any criminal proceeding against a person, knowing that there is no just or lawful ground for the same, punishment has been enhanced from imprisonment up to two year or fine (without any maximum limit) to imprisonment up to five years, or fine up to two lakh rupees.¹²¹ However, if such false charge is of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, the imprisonment has been enhanced from seven years to ten years.¹²²

The fine for intentional insult or interruption to public servant sitting in judicial proceeding has been enhanced from one thousand rupees to five thousand rupees.¹²³

Offences affecting the public health, safety, convenience, decency and morals

15.

Sections 270 to 297

Sections 268 to 294, 294A

Chapter XV of the BNS deals with offences affecting the public health, safety, convenience, decency and morals, such as public nuisance, negligent or malignant act to spread diseases, adulteration of food, drink, drugs, rash driving, etc. This Chapter corresponds to Chapter XIV of IPC.

Section 290¹²⁴ of BNS deals with the offence of negligent conduct with respect to pulling down, repairing or constructing buildings, etc. While the IPC only provided punishments for negligent conduct in pulling down or repairing buildings, BNS has expanded the scope of this offence by including the construction of building within its ambit. Further, the punishment has been enhanced to imprisonment of either description for a term up to six months, or fine up to five thousand rupees, or both.¹²⁵

Another material change has been in Section 294¹²⁶ of BNS. Section 294 deals with sale, letting for hire, distribution, exhibition or circulation of obscene books, pamphlets, drawings, paintings, figures, etc. In addition to the physical/conventional display of these items, BNS now explicitly criminalises the display of such items in electronic form. Further, the punishment for this offence has also been enhanced. In case of a first offence, a person shall be punished with imprisonment of either description for a term up to two years, and with fine up to five thousand rupees.¹²⁷ In case of second or subsequent offences, a person shall be punished with imprisonment of either description for a term up to five years, and with fine up to ten thousand rupees.¹²⁸

Section 295¹²⁹ of BNS specifically deals with sale of obscene objects to child. IPC criminalised the sale of obscene objects to young adult under the age of twenty years.¹³⁰ However, BNS has used the term “child”, which has been defined as a person under the age of eighteen years.¹³¹

BNS has enhanced the maximum fine amount from one thousand rupees to five thousand rupees for adulteration of food or drink intended for sale,¹³² sale of noxious food or drink,¹³³ sale of adulterated drugs,¹³⁴ sale of drug as a different drug or preparation,¹³⁵ conveying person by water for hire in unsafe or overloaded vessel,¹³⁶ negligent conduct with respect to poisonous substance,¹³⁷ explosive substance,¹³⁸ machinery¹³⁹ and animals.¹⁴⁰

BNS enhances the fine from two hundred rupees to one thousand rupees for public nuisance for cases which have not been provided under this Chapter.¹⁴¹

BNS now also provides a maximum fine of five thousand rupees and one thousand rupees for the continuance of nuisance after injunction against the nuisance,¹⁴² and obscene acts and songs,¹⁴³ respectively.

Section 297¹⁴⁴ of BNS deals with the offence of keeping a lottery office. No changes in punishment has been made for keeping any office or place for the purpose of drawing lottery, not being state lottery.¹⁴⁵ However, the punishment for publishing any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, has been enhanced to a fine up to five thousand rupees.¹⁴⁶

Offences against property

16.

Sections 303 to 307

Sections 378 to 382

These sections deal with the offence of theft.

The offence of theft has been defined in Section 303(1) of the BNS.¹⁴⁷ Further, the punishment for theft has been consolidated within sub-section (2) of Section 303¹⁴⁸ of the BNS. Section 303(2) of BNS also provides separate punishment for second or subsequent convictions for theft. In such a case, a person shall be punished with rigorous imprisonment for a term not less than one year, but which may extend to five years with fine. Thus, BNS introduces mandatory minimum punishment for such offences. Moreover, in cases where the value of the stolen property is less than five thousand rupees, the property has been restored and the person has been convicted for the first time, they shall be punished with community service.¹⁴⁹

In a first, Section 304 of BNS defines the offence of ‘snatching’. Theft would be snatching “if in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.”¹⁵⁰ Therefore, theft will only amount to snatching if the theft is carried out in a sudden, quick or forcible manner. Any person found guilty of snatching shall be punished imprisonment of either description for a term up to three years and shall also be liable for a fine.¹⁵¹

Section 305 of BNS has also enhanced the scope of the offence of theft in a dwelling house by including “means of transport or place of worship”.¹⁵²

17.

Section 308

Sections 383 to 389

Section 308 of BNS has consolidated all the provisions relating to the offence of extortion. Section 308(1)¹⁵³ of BNS defines the offence of “extortion”. Additional illustration (e) has been added. Illustration (e) provides an example of extortion through electronic messages, to bring the definition of the offence up to date with the latest technologies.

Section 308(2)¹⁵⁴ of BNS provides the punishment for the offence of extortion. The punishment has been enhanced to imprisonment of either description for a term up to seven years, or fine, or both.

18.

Sections 309 to 313

Sections 390 to 402

These sections have consolidated the various provisions in relation to robbery and dacoity.

Section 310(3)¹⁵⁵ of BNS has enhanced the punishment for dacoity with murder to death, or imprisonment for life, or rigorous imprisonment for a term not less than ten years, and also fine. Thus, BNS introduces mandatory minimum punishment for such offences.

19.

Sections 314 to 315

Sections 403 to 404

These sections deal with the criminal misappropriation of property.

Section 314¹⁵⁶ of BNS has enhanced the punishment for dishonest misappropriation of property to imprisonment of either description for a term not less than six months, but may extend up to two years, and fine. Thus, BNS introduces mandatory minimum punishment for such offences.

No other material changes have been made to these provisions.

20.

Section 316

Sections 405 to 409

Section 316 of BNS has consolidated all the provisions relating to the offence of criminal breach of trust. The punishment for criminal breach of trust has been enhanced to imprisonment of either description for a term up to five years, or fine, or both.¹⁵⁷

No other material changes have been made to these provisions.

21.

Section 317

Sections 410 to 414

Section 317 of BNS has consolidated all the provisions for the offences relating to stolen property.

Section 317(1)¹⁵⁸ of BNS has added the offence of cheating as one of the methods of acquiring a stolen property, in addition to theft, extortion and robbery.

No other material changes have been made to these provisions.

22.

Sections 318 to 319

Sections 415 to 420

These sections deal with the offence related to cheating. Section 318(2)¹⁵⁹ of BNS enhances the punishment for cheating to imprisonment of either description for a term up to three years, or fine, or both.

Similarly, Section 318(3)¹⁶⁰ of BNS enhances the punishment for cheating with knowledge that wrongful loss may be caused to the person whose interest the offender is bound to protect. The enhanced punishment is imprisonment of either description for a term up to five years, or fine, or both.¹⁶¹

Section 319¹⁶² of BNS deals with the offence of cheating by personation. Section 319(2)¹⁶³ of the BNS enhances the punishment for cheating by personation to imprisonment of either description for a term up to five years, or fine, or both.

No other material changes have been made to these provisions.

23.

Sections 320 to 323

Sections 421 to 424

These sections deal with the offences relating to fraudulent deeds and disposition of property.

Section 320¹⁶⁴ of BNS has enhanced the punishment for the offence of dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. The enhanced punishment is imprisonment of either description for a term not less than six months, but which may extend up to two years, or fine, or both. Thus, BNS introduces mandatory minimum punishment for such offences.¹⁶⁵

The punishments for dishonest or fraudulent execution of deed of transfer containing false statement of consideration¹⁶⁶ and dishonest or fraudulent removal or concealment of property¹⁶⁷ have been enhanced from a term of imprisonment from up to two years to three years, in addition to fine.

No other material changes have been made to these provisions.

24.

Sections 324 to 328

Sections 425 to 440

These sections deal with the offences relating to mischief.

Section 324 defines¹⁶⁸ and provides the punishment for mischief.¹⁶⁹ The punishment has been enhanced to imprisonment of either description for a term up to six months, or fine, or both.¹⁷⁰

Section 324(3) adds a new provision and provides punishment for committing mischief and thereby causing loss or damage to any property including property of Government or Local Authority. Any person found guilty under Section 324(3) shall be punished with imprisonment of either description for a term up to one year, or fine, or both.

Sub-sections (4) and (5) of Section 324¹⁷¹ of the BNS provide for the revised monetary threshold of the loss and damage to property caused by mischief for ascertaining the punishment.

Section 326¹⁷² of BNS consolidates various provisions under IPC that dealt with mischief by injury, inundation, fire or explosive substance, etc.

Section 326(f)¹⁷³ of BNS has removed the monetary threshold in relation to the property subject to mischief. Section 435 of IPC provided punishment only in relation to mischief causing damage to any property to the amount of one hundred rupees or upwards, and in case of agricultural produce, ten rupees or upwards.

25.

Sections 329 to 334

Sections 441 to 443, 445, 447 to 462

These sections deal with the offences relating to criminal trespass.

Section 329 has consolidated the provisions on criminal trespass,¹⁷⁴ house-trespass¹⁷⁵ and the punishment for criminal trespass¹⁷⁶ and house-trespass.¹⁷⁷

Section 329(3) has enhanced the punishment for criminal trespass to imprisonment of either description for a term up to three months, or fine up to five thousand rupees, or both.¹⁷⁸

Similarly, Section 329(4) has enhanced the punishment for house-trespass to imprisonment of either description for a term up to one year, or fine up to five thousand rupees, or both.¹⁷⁹

Section 330 of BNS defines lurking house-trespass and house breaking.¹⁸⁰

The term “night” in Section 331 in relation to house-trespass and house breaking have been replaced with “after sunset and before sunrise”.

Offences relating to document and to property marks

26.

Sections 335 to 344

Sections 463 to 477, 477A

These sections deal with the offences relating to document, such as making a false document, forgery, forgery of court records, valuable security, etc.

Section 337¹⁸¹ of BNS now specifically provides that the forgery of identity documents issued by Government, including voter identity card or Aadhaar Card is a punishable offence.

Section 341¹⁸² of BNS consolidates the provisions relating to making or possessing counterfeit seal, etc., with intent to commit forgery punishable under Section 338 of BNS. Section 341 also introduces two new provisions, namely Section 341(3) and (4).

Section 341(3) of BNS provides punishment for possessing any seal, plate or other instrument knowing the same to be counterfeit. The punishment for the same is imprisonment of either description for a term up to three years, and also fine.

Section 341(4) provides that whoever, fraudulently or dishonestly uses as genuine, any seal, plate or other instrument, knowing or having reasons to believe the same to be counterfire shall be punished in the same manner as if he had made or counterfeited such seal, plate or instrument.¹⁸³

Criminal intimidation, insult, annoyance, defamation, etc.

27.

Sections 351 to 355

Sections 503 to 508, 510

These sections deal with criminal intimidation, insult, annoyance, etc.

Section 353¹⁸⁴ of BNS provides the punishment for statements conducing to public mischief. In addition to statements, rumours or reports, Section 353 now also criminalises making, publishing or circulating “false information”. Further, to keep up with the advancing technology, Section 353 specifically criminalises the making, publishing or circulating of such statement, false information, rumour, or report through electronic means.

28.

Section 356

Sections 499 to 502

This section consolidates the provisions relating to the offence of defamation. In addition to the punishment of simple imprisonment for a term up to two years, or fine, or both, Section 356(2)¹⁸⁵ of BNS also prescribes community service as an alternative punishment for defamation. This is one of the six offences that are punishable by community service under the BNS.