Key Offences with Increased Punishment in BNS Compared to IPC

05-Aug-2025

Indian Penal Code, 1860 (IPC)

Introduction

The Bharatiya Nyaya Sanhita, 2023 (BNS) represents a significant transformation in India's criminal justice system, replacing the colonial-era Indian Penal Code, 1860 (IPC). This comprehensive legal reform introduces substantial changes in punishment structures, sentencing guidelines, and penalty frameworks across various criminal offences. The new legislation demonstrates a more nuanced approach to criminal justice, with enhanced penalties for serious crimes like trafficking, murder, and offences against children, while also introducing clearer provisions for negligence-related offences.

Increased in Punishments from IPC to BNS

Offence	New Section & Punishment (BNS)	Old Section & Punishment (IPC)
Fine Amount & Liability in Default	Sec. 8(5)(c): Imprisonment of up to 1 year in any other case.	Sec. 67(c): Imprisonment up to 6 months in any other case.
Abetment by Public or 10+ Persons	Sec. 57: Imprisonment up to 7 years and fine.	Sec. 117: Imprisonment up to 3 years, or fine, or both.
Buying Child for Prostitution, etc.	Sec. 99: Minimum 7 years, extendable up to 14 years, and fine.	Sec. 373: Imprisonment up to 10 years and fine.
Murder by Life Convict	Sec. 104: Death penalty or life imprisonment for remainder of natural life.	Sec. 303: Death penalty.
Culpable Homicide Not Amounting to Murder	Sec. 105: Imprisonment up to 10 years and fine.	Sec. 304: Imprisonment up to 10 years, or fine, or both.
Causing Death by Negligence	Sec. 106(1): Up to 2 years for medical practitioners; up to 5 years. and fine for others. Sec. 106(2): Up to 10 years and fine.	Sec. 304A: Up to 2 years, or fine, or both.
Attempt to Murder	Sec. 109(2): Death penalty or life imprisonment (remainder of natural life).	Sec. 307(2): Death penalty.
Exploitation of a Trafficked Child for Sexual Purposes	Sec. 144(1): Not less than 5 years, may extend to 10 years, and fine.	Sec. 370A(1): Not less than 5 years, may extend to 7 years, and fine.
Disobedience to Public Order Causing Danger to Life	Sec. 223(b): Imprisonment up to 1 year, or fine up to ₹5,000, or both.	Sec. 188(b): Imprisonment up to 6 months, or fine up to ₹1,000, or both.
Criminal Breach of Trust	Sec. 316(2): Imprisonment up to 5 years, or fine, or both.	Sec. 406: Imprisonment up to 3 years, or fine, or both.
Fraudulent Removal or Concealment of Property	Sec. 323: Imprisonment up to 3 years, or fine, or both.	Sec. 424: Imprisonment for up to 2 years, or fine, or both.

Conclusion

The transition from IPC to BNS marks a pivotal moment in Indian jurisprudence, emphasizing victim protection, child safety, and stronger deterrence against organized crime while maintaining proportionality in punishment. These reforms align with contemporary legal principles and India's commitment to justice delivery reform. Legal professionals and citizens must familiarize themselves with these changes to ensure effective implementation and compliance with the new legal framework.