Indian Penal Code (1860) vs Bharatiya Nyaya Sanhita (2023): A Complete Comparison and Evolution of India’s Criminal Law
Introduction
The Indian Penal Code (IPC), 1860 was India’s principal criminal code for over 160 years. It defined crimes and prescribed punishments for a wide range of offences, forming the backbone of India’s substantive criminal law.
In 2023, the Government of India introduced the Bharatiya Nyaya Sanhita (BNS) to replace the IPC and modernize the criminal justice system in line with contemporary needs. The BNS came into force on 1 July 2024, marking a historic shift in Indian criminal law.
Understanding Substantive and Procedural Laws
Laws in India are broadly divided into two categories:
1. Substantive Laws
Substantive laws define rights, duties, wrongs, and corresponding punishments. They form the foundation of justice by specifying what constitutes an offence and what punishment it attracts.
Examples of substantive laws include:
• Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) – defines offences like theft, assault, and murder.
• Indian Contract Act, 1872 – governs agreements and obligations.
• Transfer of Property Act, 1882 – regulates property transactions.
• Specific Relief Act, 1963 – provides remedies such as injunctions and specific performance.
2. Procedural Laws
Procedural laws lay down the methods and mechanisms for enforcing substantive rights and punishments. They ensure fairness and due process in judicial proceedings.
Examples include:
• Code of Civil Procedure (CPC), 1908
• Code of Criminal Procedure (now Bharatiya Nagrik Suraksha Sanhita, BNSS, 2023)
In essence, substantive laws define rights, while procedural laws protect and enforce them.
Criminal Law Before the British Period
Before British rule, India’s criminal system was heavily influenced by Islamic law, especially during the medieval period (1192–1700 CE).
Islamic criminal law emphasized justice, equality, peace, and humanism, as derived from the Holy Quran.
Key categories under Islamic law were:
1. Hudood – Crimes against God (e.g., theft, zina, highway robbery).
2. Qisas – Retaliation or equal retribution.
3. Tazir – Discretionary punishment determined by the court.
Hindus, on the other hand, followed their own personal laws in matters of marriage, inheritance, and family disputes, while trade and contracts applied equally to all communities.
Evolution and Survival of the Indian Penal Code (1860)
. Drafting and Enactment
The Indian Penal Code was drafted based on the recommendations of the First Law Commission of India (1834), chaired by Lord Thomas Babington Macaulay.
• Draft submitted: 1837
• Final revision: 1850
• Enacted: 6 October 1860
• Came into force: 1 January 1862
The IPC was initially applied to all British Presidencies, excluding princely states which had their own laws.
Longevity and Influence
The IPC survived for over 150 years, remaining one of the most enduring pieces of legislation. It inspired criminal codes in several Commonwealth nations and was amended more than 78 times before being replaced by the Bharatiya Nyaya Sanhita (BNS) in 2024.
Objective of IPC
The preamble stated:
“Whereas it is expedient to provide a general penal code for India…”
The aim was to create a comprehensive and uniform penal code. However, IPC did not repeal all previous penal laws; some offences were left out and governed by separate statutes.
Structure of IPC
• Chapters: 23
• Sections: 511
• Repealed on: 1 July 2024
The Ranbir Penal Code (1932)
In the erstwhile state of Jammu and Kashmir, the Ranbir Penal Code (RPC), enacted during Maharaja Ranbir Singh’s reign, was in force from 1932 until 5 August 2019. It was replaced by the IPC after the Jammu and Kashmir Reorganisation Act, 2019.
The Bharatiya Nyaya Sanhita (BNS), 2023
Overview
The Bharatiya Nyaya Sanhita, 2023 (BNS) is the modern criminal code replacing the Indian Penal Code. It was passed by Parliament in December 2023 and came into effect on 1 July 2024.
Legislative Timeline:
• Introduced: 12 December 2023
• Passed by Lok Sabha: 20 December 2023
• Passed by Rajya Sabha: 21 December 2023
• President’s Assent: 25 December 2023
• Enforced: 1 July 2024
Structural Change
Particulars Indian Penal Code (1860) Bharatiya Nyaya Sanhita (2023)
Chapters 23 20
Sections 511 358
Language Colonial English Simplified, Modern, Gender-Neutral
. Key Changes and Features of the Bharatiya Nyaya Sanhita (BNS)
1. New Offences Added
• 20 new offences have been introduced.
• 19 outdated provisions from the IPC have been removed.
2. Punishment Enhancements
• Stricter punishments for 33 offences.
• Higher fines in 83 offences.
• Mandatory minimum punishments introduced for 23 offences.
3. Gender-Neutral Language
BNS uses inclusive terms — applying certain offences like assault, voyeurism, and child trafficking to all genders, including transgender individuals.
4. Modern Definitions
• Child: Person below 18 years.
• Document: Includes electronic and digital records.
• Gender: Includes transgender persons.
• Movable Property: Excludes land and attached items.
5. Community Service
Introduced as a punishment option for petty offences, promoting restorative justice.
6. Simplified Structure
The BNS consolidates offences like robbery, dacoity, and forgery to reduce overlap and improve clarity.
Objective and Significance of BNS 2023
The Bharatiya Nyaya Sanhita seeks to:
• Modernize the criminal justice system.
• Eliminate colonial-era language and principles.
• Simplify procedures for better judicial efficiency.
• Strengthen protection of victims and vulnerable groups.
It reflects a citizen-centric approach, aligning India’s criminal law with digital advancements, gender inclusivity, and speedy justice.
Conclusion
The transition from the Indian Penal Code (1860) to the Bharatiya Nyaya Sanhita (2023) is a landmark in India’s legal history.
While IPC served the nation for more than a century, BNS marks a progressive shift toward an independent, inclusive, and technology-driven justice system.
It preserves the spirit of justice envisioned by the IPC but redefines it to meet the challenges of 21st-century India.
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