BNS — Bharatiya Nyaya Sanhita 2023: Complete Guide, Sections, IPC Comparison and Judiciary Exam Notes

January 2, 2024

By Advocate Jyoti Saxena | Practising Advocate, Rajasthan High Court | Last Updated: July 2026

BNS | Bharatiya Nyaya Sanhita | BNS 2023 | BNS Sections | BNS vs IPC | BNS Full Form | BNS Important Sections Judiciary Exam | RJS GJS UP PCS J

BNS — Key Points at a Glance:    
Full Form: Bharatiya Nyaya Sanhita, 2023  
Replaced: Indian Penal Code, 1860 (IPC)  
Effective From: 1 July 2024  
Total Sections: 358 (IPC had 511 sections)  
Total Chapters: 20  
New Offences Added: 20 (organised crime, terrorism, hit-and-run, mob lynching)  
IPC Provisions Dropped: 19  
Punishment Increased: 33 offences  
Community Service Introduced: 6 offences

BNS — Bharatiya Nyaya Sanhita 2023 — is the new Indian criminal code that replaced the Indian Penal Code 1860 from 1 July 2024. Every offence committed after that date is charged under BNS section numbers, not IPC section numbers. For judiciary exam preparation in 2026, BNS is not optional study — it is the primary criminal substantive law for every state judiciary exam including RJS, GJS, and UP PCS J.

This guide covers what BNS is, how it differs from IPC, which are the most important BNS sections for judiciary exam, and how to answer BNS questions in both Prelims MCQ and Mains descriptive format.

What Is BNS? — Full Form, Definition and Basic Facts

BNS full form is Bharatiya Nyaya Sanhita. It is the substantive criminal law of India — the law that defines what acts are criminal offences and what punishments they carry. BNS 2023 replaced the Indian Penal Code 1860, which had governed criminal offences in India for 164 years. The BNS was passed by Parliament in December 2023, received Presidential assent on 25 December 2023, and came into force on 1 July 2024.

BNS Definition — What It Is and What It Does:     The Bharatiya Nyaya Sanhita 2023 is the primary substantive criminal law of India,   defining criminal offences, their ingredients, and their punishments.     BNS is to criminal offences what CPC is to civil procedure — the foundational   statute that defines what the offence is. For how the police investigate and   how courts try those offences, BNSS 2023 applies. For what evidence is admissible   in proving those offences, BSA 2023 applies.     The three codes work together: BNS (offence) + BNSS (procedure) + BSA (evidence).

BNS vs IPC — What Changed and What Did Not

BNS is not a renamed IPC. Section numbers changed significantly, structure was reorganised, 20 new offences were added, and 19 old IPC provisions were dropped entirely. Understanding the differences — not just the section numbers but the actual substantive changes — is what separates a 2026-ready judiciary exam candidate from one still preparing from old notes.

ParameterIPC 1860BNS 2023What This Means for Exam
Effective From1 November 18621 July 2024IPC applies to offences before July 2024. BNS applies after. Both are examinable.
Total Sections511 sections358 sectionsReduction is through consolidation — not because offences were removed
Total Chapters23 chapters20 chaptersReorganised structure
New OffencesNot present20 new offences addedOrganised crime (S.111), terrorism (S.113), hit-and-run death (S.106(2)), mob lynching (S.103(2))
IPC Provisions DroppedPresent19 provisions removedSedition (S.124A IPC) replaced with S.152 BNS — narrower scope
Community ServiceNot in IPC6 offences now carry community serviceFirst time in Indian criminal law — petty theft, defamation, etc.
Gender of OffencesLargely gender-specific languageMore gender-neutral language in several sectionsMinor drafting change
Organised CrimeNo specific provisionSection 111 BNS — first time in national penal lawVery High exam frequency — new addition
TerrorismOnly UAPA, not in IPCSection 113 BNS — concurrent with UAPAHigh exam frequency — now in main code
Trial in AbsentiaNot in IPCSection 356 BNS — trial can proceed if accused evadesNew — examine procedure + constitutional angle

BNS Section Numbers — IPC to BNS Mapping (Most Examined in Judiciary Prelims)

The section numbers changed completely between IPC and BNS. This mapping table covers the sections that appear most frequently in RJS, GJS, and UP PCS J Prelims MCQs. Memorise these as specific facts — they are directly tested.

OffenceIPC SectionBNS SectionKey Change (if any)
MurderSection 302Section 103(1)Same definition — death of human being with intention or knowledge
Culpable homicide not amounting to murderSection 304Section 105Same distinction — intent vs knowledge of likely death
Mob lynching (group murder on identity grounds)No specific sectionSection 103(2)NEW — 5+ persons, identity-motivated murder — death or life imprisonment
RapeSection 376Section 64Reorganised — Chapter V (Offences Against Women and Child) expanded
Sedition (old)Section 124ASection 152 BNS (narrower)CHANGED — ‘disaffection towards government’ removed. Now: acts endangering sovereignty/unity/integrity
DacoitySection 395Section 310Same offence — 5+ persons robbery
RobberySection 390Section 308(1)Same — theft with force or threat of force
TheftSection 378Section 303Same definition
CheatingSection 420Section 318Same — fraudulent inducement to deliver property
Criminal breach of trustSection 405Section 316Same
MischiefSection 425Section 324Same
HurtSection 319Section 114Same — causing bodily pain, disease, infirmity
Grievous hurtSection 320Section 116Same categories — eight types
AssaultSection 351Section 131Same — act creating apprehension of hurt
AbductionSection 362Section 137Same — compelling/inducing a person to go
KidnappingSection 359-361Section 135-136Same — from India or from lawful guardianship
Wrongful confinementSection 340Section 125Same
Wrongful restraintSection 339Section 126Same
DefamationSection 499Section 356(1)Same — now community service option added
Criminal intimidationSection 503Section 351Same
Organised crimeNo IPC equivalentSection 111NEW — gang, syndicate, continuing unlawful activity
TerrorismOnly UAPA (not IPC)Section 113NEW in main code — concurrent with special UAPA
Hit and run causing deathSection 304A (general negligence)Section 106(2) BNSNEW specific provision — 10 years + must report accident
Petty theftSection 379Section 303 + provisoCommunity service introduced for first-time petty theft

New Offences in BNS — What Was Not in IPC

Twenty new offences were added in BNS that had no equivalent in the IPC. These are the highest-frequency new additions in judiciary exam MCQs because they represent the genuine legislative additions — not just renumbering.

Section 111 — Organised Crime

No provision in IPC specifically covered organised crime at the national level — only state laws like Maharashtra Control of Organised Crime Act (MCOCA) addressed it. Section 111 BNS fills this gap. An organised crime syndicate under Section 111 is defined as a group of three or more persons acting as a continuing unlawful association involved in organised crime. The punishment for commission of organised crime is death penalty or life imprisonment where it results in death, and minimum ten years imprisonment in other cases.

Section 113 — Terrorism

IPC had no provision defining terrorism — terrorist acts were dealt with under the Unlawful Activities Prevention Act (UAPA), a special legislation. Section 113 BNS introduces terrorism as an offence in the main penal code for the first time, concurrent with UAPA. This means terrorist acts can now be prosecuted under BNS Section 113 or under UAPA, depending on the facts and the investigation agency.

Section 103(2) — Mob Lynching

As discussed separately, Section 103(2) BNS creates the first statutory provision in Indian law specifically addressing mob lynching — murder by a group of 5 or more persons on grounds of race, caste, community, sex, place of birth, language, or personal belief. Punishment is death or life imprisonment plus fine for every member of the group involved.

Section 106(2) — Hit and Run Causing Death

Section 304A IPC covered causing death by negligence — a general provision that applied to all negligent acts causing death, including road accidents. Section 106(2) BNS creates a specific provision for hit and run: if a person causes death by rash and negligent driving and flees the accident scene without reporting to police or a magistrate, the punishment is up to 10 years imprisonment and a fine. This is significantly higher than the general negligence provision under Section 106(1) — up to 5 years.

Section 69 — Sexual Intercourse by Deceptive Means

Before Section 69 — a note on community service under Section 303 BNS. First-time theft where the stolen property value is less than Rs. 5,000 AND the offender returns the property carries only community service as punishment — no imprisonment. This specific Rs. 5,000 threshold is a direct MCQ target in judiciary Prelims. Above Rs. 5,000 or repeat offence — regular punishment applies.

Section 69 BNS specifically criminalises sexual intercourse obtained by fraudulent means — including false promises of marriage, employment, promotion, or identity concealment. No equivalent provision existed in IPC; cases were earlier prosecuted under Section 376 IPC on the basis of consent vitiated by fraud. Section 69 BNS creates a distinct, lower-punishment offence (up to 10 years) for this category, separating it from rape.

What Was Removed from BNS — What IPC Had That BNS Does Not

Nineteen IPC provisions were not carried forward into BNS. The most significant removal is Section 124A — sedition.

IPC Provision RemovedWhat It SaidWhat Replaced It in BNS
Section 124A — SeditionWhoever by words, signs, or visible representation excites or attempts to excite disaffection towards the Government established by law in IndiaSection 152 BNS — narrower: acts that endanger sovereignty, unity, integrity of India or excite secession, armed rebellion. ‘Disaffection’ language removed.
Section 377 — Unnatural offencesCarnal intercourse against order of nature — used to criminalise consensual same-sex actsNot carried forward. After Navtej Singh Johar (2018) reading down Section 377, consensual adult same-sex acts are already decriminalised. Section 377’s non-consensual aspects are covered under sexual offences chapters.
Section 309 — Attempt to commit suicideAttempt to commit suicide — 1 year imprisonment or fineNot carried forward as an offence. Mental Healthcare Act 2017 already provides that person who attempts suicide is presumed to be under severe stress — not to be prosecuted.

BNS Chapter Structure — 20 Chapters at a Glance

ChapterSectionsSubject Matter
Chapter I1-3Preliminary — title, commencement, definitions
Chapter II4-13Punishments — death, life imprisonment, community service, fine
Chapter III14-44General Exceptions — right to private defence (Sections 34-44)
Chapter IV45-62Abetment, Criminal Conspiracy and Attempt
Chapter V63-99Offences Against Women and Children — rape (63-64), acid attack (67), stalking (78), POCSO-linked
Chapter VI100-113Offences Affecting Human Body — murder (103), culpable homicide (105), hurt, wrongful confinement, kidnapping, organised crime (111), terrorism (113)
Chapter VII114-126Offences Against State — waging war, sedition-replacement (152)
Chapter VIII127-144Offences Relating to Army, Navy, Air Force
Chapter IX145-150Offences Relating to Elections
Chapter X151-160Contempt of Lawful Authority — disobeying summons, obstruction
Chapter XI161-185False Evidence and Offences Against Public Justice
Chapter XII186-210Offences Relating to Coin and Government Stamps
Chapter XIII211-228Offences Relating to Weights and Measures
Chapter XIV229-236Offences Affecting Public Health, Safety, Convenience
Chapter XV237-248Offences Relating to Religion
Chapter XVI249-304Offences Against Property — theft (303), robbery (308), dacoity (310), cheating (318)
Chapter XVII305-322Offences Relating to Documents and Property Marks
Chapter XVIII323-336Offences Relating to Marriage
Chapter XIX337-355Cruelty by Husband or Relatives, Defamation (356), Criminal Intimidation
Chapter XX356-358Miscellaneous — trials in absentia, criminal trespass

 

Top 3 BNS Chapters for Judiciary Exam — Maximum Questions Come From These

Chapter V (Offences Against Women and Children — Sections 63-99), Chapter VI (Offences Affecting Human Body — Sections 100-113), and Chapter XVII (Offences Against Property — Sections 249-304) generate the maximum number of questions in both Prelims MCQs and Mains descriptive answers across RJS, GJS, and UP PCS J. Chapter V covers rape (Section 63-64), acid attack (Section 67), stalking (Section 78). Chapter VI covers murder (103), culpable homicide (105), organised crime (111), terrorism (113). Chapter XVII covers theft (303), robbery (308), dacoity (310), cheating (318).

BNS Important Sections for Judiciary Exam — Prelims MCQ Focus

BNS Sections That Appear Most Often in RJS, GJS, UP PCS J Prelims:     Section 103(1) — Murder: Death or life imprisonment   Section 103(2) — Mob lynching: 5+ persons, identity grounds — death or life + fine   Section 105 — Culpable homicide not amounting to murder   Section 111 — Organised crime: 3+ persons syndicate   Section 113 — Terrorism: first time in main penal code   Section 106(2) — Hit and run death: 10 years + fine   Section 64 — Rape: replaces Section 376 IPC   Section 69 — Deceptive sexual intercourse: new provision   Section 303 — Theft: community service for first petty theft   Section 308 — Robbery   Section 310 — Dacoity: 5+ persons   Section 318 — Cheating: replaces Section 420 IPC   Section 152 — Acts threatening sovereignty: replaces sedition   Section 356 — Defamation: community service option added

BNS and Fundamental Rights — The Constitutional Angle

Several BNS provisions directly intersect with fundamental rights questions — which makes them Mains problem question material, not just Prelims MCQ territory.

BNS ProvisionConstitutional ConnectionExam Angle
Section 103(2) — Mob LynchingArticles 14, 21 — right to life and equality violated by identity-motivated mob killingProblem question: FIR filed under BNS 103(2), writ to High Court under Article 226
Section 152 — Acts against sovereigntyArticle 19(1)(a) — freedom of speech and expression — ‘disaffection’ language removed to narrow the scopeIs Section 152 narrower than old 124A sedition? Does it better protect free speech?
Section 69 — Deceptive intercourseArticle 21 — personal liberty, consent, bodily autonomyConsent obtained by fraud — Article 21 dimension
Section 106(2) — Hit and runArticle 21 — right to life of victim AND fundamental right of accused against disproportionate punishmentIs 10 years proportionate? Judicial review angle
Section 113 — TerrorismArticles 19, 21 — preventive detention, trial rightsConflict between national security and individual liberty

How to Write BNS Answers in Judiciary Mains — Step-by-Step

BNS answers in judiciary Mains follow the same judgment writing format as IPC answers — but with updated section citations. Three common errors cost marks.

StepWhat to WriteCommon Error
Step 1 — Identify the offenceState which BNS section applies and its exact ingredients — e.g. ‘Section 103(1) BNS — murder requires causing death with intention to cause death, or knowledge that the act is likely to cause death’Writing the IPC section number (302) instead of BNS (103) for a post-July 2024 offence
Step 2 — Apply facts to ingredientsGo through each ingredient of the offence and apply the given facts — did the accused have the required intention? Was death caused?Stating the general law without applying the specific facts given in the problem
Step 3 — Address exceptionsCheck BNS Chapter III — general exceptions. Right of private defence (Sections 34-44), unsound mind, intoxication, accident. Rule each one in or out.Skipping exceptions entirely — leaving the answer incomplete under step marking
Step 4 — Cite the punishmentState the punishment under the relevant BNS section — death, life imprisonment, fine, or community service where applicableCiting IPC punishment instead of BNS — or citing the wrong BNS section’s punishment
Step 5 — BNS vs IPC crossover noteIf the offence was committed before 1 July 2024 — cite IPC and note that BNS does not apply. Article 20(1) bars ex post facto application.Applying BNS to a pre-July 2024 offence — which is unconstitutional under Article 20(1)

 

BNS in Rajasthan Courts — What a Practising Advocate Observes

Courtroom Observation — BNS in Practice (Jyoti Judiciary Coaching):     Since 1 July 2024, criminal matters in Jaipur District Court and Rajasthan High   Court run two parallel frameworks simultaneously. Cases registered before July 2024   proceed under IPC, CrPC, and the Evidence Act. Cases registered after July 2024   proceed under BNS, BNSS, and BSA.     In practice, this creates a specific challenge for advocates: the same courtroom,   on the same day, may argue an old theft case under Section 379 IPC and a new   theft case under Section 303 BNS. Getting the section number wrong in a chargesheet   or in a bail application is not a minor error — it is a jurisdictional issue.     For judiciary exam candidates: the date of offence is the controlling fact.   Before 1 July 2024 — IPC. After 1 July 2024 — BNS. The exam will test this   distinction, and it will appear in fact situations designed to catch candidates   who have not absorbed it.

Leading Supreme Court Judgments Under BNS — 2024, 2025 and 2026

BNS has been in force since 1 July 2024. Supreme Court judgments interpreting BNS provisions are directly examinable in 2026 judiciary exams. Each case below establishes how a specific BNS section is being read in practice — which is exactly what Mains problem questions test.

1. Re: Inhuman Conditions in 1382 Prisons v. Director General of Prisons (23 August 2024) — BNSS Section 479

Bench: Justice Hima Kohli and Justice Sandeep Mehta. The Supreme Court held that Section 479 BNSS — which allows an undertrial who has served half the maximum sentence for the offence to be released on bail — applies retrospectively to all undertrials across India, including those whose cases were registered before 1 July 2024. The Court directed jail superintendents nationwide to proactively identify eligible undertrials and process their bail applications within three months. First-time offenders face a lower threshold — one-third of the maximum sentence. Though BNSS Section 479, this directly links to BNS because the bail relief depends on the BNS maximum sentence for the charged offence.

Exam angle: How does Section 479 BNSS differ from Section 436A CrPC? What is the threshold for first-time offenders? Can a court apply Section 479 BNSS to a pre-July 2024 case? This case answers all three — high-probability Prelims MCQ and Mains problem question.

 

2. Imran Pratapgarhi v. State of Gujarat (2025 SCC OnLine SC 678) — Section 196 BNS

Bench: Justices Abhay S. Oka and Ujjal Bhuyan. The Supreme Court quashed an FIR registered under Sections 196, 197(1), 302, 299 and 3(5) BNS against a Member of Parliament for a poem shared on social media. The Court held that speech under Section 196 BNS (promoting enmity between groups) must be judged against a reasonable person standard — not a hypersensitive person. The poem, which the Court found to be about communal harmony, did not satisfy the test. The FIR was quashed.

Exam angle: Article 19(1)(a) — freedom of speech — meets Section 196 BNS. What is the test for promoting enmity under Section 196 BNS? Who is the standard — reasonable person or hypersensitive person? This is a direct Mains essay topic on BNS and fundamental rights.

3. Devendra Kumar v. State NCT of Delhi (2025) — Section 221 BNS

The Supreme Court held that obstruction of a public servant under Section 221 BNS (which replaced Section 186 IPC) is not limited to physical force. Any voluntary conduct — threats, intimidation, humiliation, unlawful detention — that prevents a public servant from lawfully discharging duties amounts to obstruction. The Court clarified that the section covers non-physical acts of interference, not just physical blocking or force.

Exam angle: Is pushing a public officer required for Section 221 BNS to apply? No — verbal threats and humiliation qualify. Direct Prelims MCQ point.

4. Badshah Majid Malik v. Enforcement Directorate (2024) — Section 479 BNSS and PMLA

The Supreme Court settled the applicability of Section 479 BNSS to PMLA (Prevention of Money Laundering Act) prosecutions. The Court held that undertrial prisoners in PMLA cases who have served one-third of the maximum sentence (first-time offenders) or half the maximum sentence (others) can seek bail under Section 479 BNSS — even though PMLA has stringent twin-condition bail restrictions under Section 45. This judgment significantly eases bail prospects for long-detained PMLA undertrials and directly links BNS sentencing maxima to BNSS bail relief.

Exam angle: Can Section 479 BNSS override PMLA Section 45 twin conditions? What is the PMLA-BNSS interface on bail? Emerging area — high-probability in 2026 exams.

5. Pending — Section 63 BNS Exception 2 (Marital Rape Challenge)

Exception 2 to Section 63 BNS exempts sexual intercourse by a husband with his own wife from the definition of rape. This exception — inherited from the IPC — is currently pending constitutional challenge before the Supreme Court. The Delhi High Court issued a split verdict in 2022 on the IPC equivalent. When Section 63 BNS was enacted in December 2023, Exception 2 was retained. Hearings commenced before the Supreme Court in 2024 and as of July 2026, the matter is pending decision.

Exam angle: Is Exception 2 to Section 63 BNS constitutional? Articles 14 (equality), 21 (bodily autonomy and dignity) directly in play. Very high-probability Mains essay and problem question for 2026-27 judiciary exam cycles.

Frequently Asked Questions — BNS Bharatiya Nyaya Sanhita

What is BNS full form?

BNS full form is Bharatiya Nyaya Sanhita. It is the new Indian penal code that replaced the Indian Penal Code 1860 from 1 July 2024. BNS 2023 defines criminal offences in India and prescribes their punishments. It has 358 sections in 20 chapters — compared to the IPC which had 511 sections in 23 chapters.

How many sections does BNS have?

BNS has 358 sections. The Indian Penal Code it replaced had 511 sections. The reduction from 511 to 358 is not because offences were removed — it is because several provisions that existed as separate sections in IPC were consolidated into sub-sections under BNS. Eight entirely new sections were added, 22 old provisions were repealed, and 175 sections were changed in some way.

Which section replaced Section 302 IPC in BNS?

Section 302 IPC (murder) is replaced by Section 103(1) BNS. The substantive definition of murder is the same — causing death of a person with the intention to cause death, or with the intention to cause such bodily injury as the offender knows is likely to cause death, or with the knowledge that the act is likely to cause death. The punishment under Section 103(1) BNS is death or life imprisonment.

What is the difference between BNS and IPC?

BNS replaced IPC from 1 July 2024 as India’s primary substantive criminal law. Key differences: BNS has 358 sections against IPC’s 511; BNS adds 20 new offences including organised crime (Section 111), terrorism (Section 113), and mob lynching (Section 103(2)); BNS introduces community service as a punishment for six offences; BNS removes sedition (Section 124A IPC) and replaces it with a narrower provision under Section 152; and BNS removes Sections 377 and 309 IPC.

When did BNS come into effect?

BNS came into effect on 1 July 2024. It was passed by Parliament in December 2023 and received Presidential assent on 25 December 2023. From 1 July 2024, all new criminal offences in India are charged under BNS. Offences committed before 1 July 2024 continue to be tried under the Indian Penal Code 1860 — applying BNS retrospectively is barred by Article 20(1) of the Constitution which prohibits ex post facto criminal laws.

Is sedition still a crime under BNS?

The specific offence of sedition under Section 124A IPC — which criminalised acts that ‘excite disaffection towards the government established by law in India’ — has not been carried forward into BNS. Section 152 BNS replaces it with a narrower provision: acts that endanger the sovereignty, unity, and integrity of India, or incite armed rebellion or secession. The key change is the removal of ‘disaffection towards government’ as a ground — which was the most controversial and constitutionally challenged element of sedition law.

What are the new offences in BNS that were not in IPC?

The most important new offences in BNS are: Section 111 (organised crime — first national penal provision for crime syndicates), Section 113 (terrorism — first time in the main penal code, concurrent with UAPA), Section 103(2) (mob lynching — group murder on identity grounds), Section 106(2) (hit and run causing death with punishment for fleeing the scene), and Section 69 (sexual intercourse by deceptive means — false promise of marriage etc.).

Related Articles — BNS and New Criminal Laws

→  Difference Between IPC and BNS — Section-Wise Comparison  — Detailed IPC to BNS section mapping with substantive changes explained

→  BNSS vs CrPC: Complete Section-Wise Comparison for Judiciary Exam  — How criminal procedure changed — Zero FIR, staggered custody, bail timelines

→  BSA vs Indian Evidence Act: Complete Comparison for Judiciary Exam  — Electronic evidence, Section 63 BSA, dying declaration under new law

→  RJS Mains Answer Writing: Format, Word Limit and Mistakes to Avoid  — How to cite BNS sections correctly in criminal judgment writing

→  Mob Lynching Meaning, Law and Cases in India: BNS Section 103(2) Explained  — BNS Section 103(2) mob lynching — detailed case analysis including June 2026 verdict

→  RJS Online Coaching — Live Classes and Verified Results  — BNS as primary criminal law in RJS 2026 preparation

→  Best UP PCS J Coaching Online — UP Judiciary Exam 2026  — BNS covers Law Paper II and III in UP PCS J Mains

→  Best Gujarat Judiciary Coaching — GJS Results  — BNS as primary criminal law for GJS Mains Paper II

All the best — from Jyoti Judiciary Coaching

Written by Advocate Jyoti Saxena — LLB, LLM,  Bar Council of Rajasthan, practising at Jaipur Family Court, Jaipur District Court, and the Rajasthan High Court. Since 1 July 2024, BNS, BNSS, and BSA govern all new criminal proceedings in Rajasthan courts.Contact: +91 99290 96546 | jyotijudiciary.com

BNS section references are based on the official Bharatiya Nyaya Sanhita 2023 text at indiacode.nic.in. For offences before 1 July 2024, IPC applies. Always verify from the official gazette before citing in court or examination.

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