Last Updated: April 2026
The Indian Penal Code (IPC) 1860 stood as India’s primary criminal code for 164 years before being replaced by the Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024. For CLAT 2027 aspirants, this is now the single most important transition in Indian criminal law — and a guaranteed source of legal reasoning passages and current affairs questions in the December 2026 exam. This guide gives you a complete section-wise comparison, a 30-section mapping table, the new offences introduced, and the constitutional questions raised.
The Big Picture — IPC to BNS at a Glance
| Parameter | Indian Penal Code 1860 | Bharatiya Nyaya Sanhita 2023 |
|---|---|---|
| Year Enacted | 1860 (Lord Macaulay) | 2023 (Amit Shah) |
| Came into Force | 1 January 1862 | 1 July 2024 |
| Total Sections | 511 sections | 358 sections |
| Total Chapters | 23 chapters | 20 chapters |
| Source of Drafting | British Crown / 1st Law Commission | 22nd Law Commission + GoI |
| Sedition | Section 124A (retained) | Section 152 (re-cast as anti-sovereignty offence) |
| Mob Lynching | Not separately codified | Section 103(2) — death/life imprisonment |
| Organised Crime | Not in IPC (state laws like MCOCA) | Section 111 — central offence |
| Terrorism | Not in IPC (UAPA) | Section 113 — also in BNS |
| Adultery | Section 497 (struck down 2018) | Not retained |
| Sec 377 IPC (unnatural offences) | Existed (read down for adults) | Not separately retained |
Why the Replacement?
The Government’s stated objectives behind replacing the IPC are:
- Decolonisation: The IPC was a Macaulay-drafted colonial statute. BNS is meant to reflect “Indian jurisprudence.”
- Compactness: 511 → 358 sections through merger of overlapping provisions.
- New offences: Organised crime, terrorism, mob lynching, sexual deceit — all codified for the first time.
- Victim-centric reforms: Tighter timelines, community service as punishment, faster sentencing.
- Dropping obsolete offences: Adultery (already struck down in Joseph Shine v UoI, 2018), thuggery, etc.
30-Section Mapping Table — IPC to BNS
| Offence | IPC Section | BNS Section |
|---|---|---|
| Definition: “person” | Sec 11 | Sec 2(26) |
| Right of private defence | Sec 96 | Sec 34 |
| Common intention | Sec 34 | Sec 3(5) |
| Common object (unlawful assembly) | Sec 149 | Sec 190 |
| Murder | Sec 302 | Sec 103 |
| Culpable homicide not amounting to murder | Sec 304 | Sec 105 |
| Causing death by negligence | Sec 304A | Sec 106 |
| Dowry death | Sec 304B | Sec 80 |
| Abetment of suicide | Sec 306 | Sec 108 |
| Attempt to murder | Sec 307 | Sec 109 |
| Hurt | Sec 319 | Sec 114 |
| Grievous hurt | Sec 320 | Sec 116 |
| Wrongful restraint | Sec 339 | Sec 126 |
| Wrongful confinement | Sec 340 | Sec 127 |
| Criminal force | Sec 350 | Sec 130 |
| Assault | Sec 351 | Sec 131 |
| Kidnapping | Sec 359 | Sec 137 |
| Rape | Sec 375 | Sec 63 |
| Punishment for rape | Sec 376 | Sec 64 |
| Gang rape | Sec 376D | Sec 70 |
| Sexual harassment | Sec 354A | Sec 75 |
| Stalking | Sec 354D | Sec 78 |
| Theft | Sec 378 | Sec 303 |
| Robbery | Sec 390 | Sec 309 |
| Dacoity | Sec 391 | Sec 310 |
| Cheating | Sec 415 | Sec 318 |
| Forgery | Sec 463 | Sec 336 |
| Defamation | Sec 499 | Sec 356 |
| Sedition (recast) | Sec 124A | Sec 152 |
| Criminal conspiracy | Sec 120A/B | Sec 61 |
Top 5 New Offences Introduced in BNS
1. Organised Crime — Section 111 BNS
Defines and punishes “continuing unlawful activity” carried out by an organised crime syndicate using violence, threat of violence, intimidation, coercion or other unlawful means with the objective of gaining direct or indirect material benefit. Punishment: minimum 5 years to life imprisonment.
2. Terrorism — Section 113 BNS
Codifies “terrorist act” centrally for the first time outside UAPA. Acts intending to threaten unity, integrity, sovereignty, security or economic security of India. Punishment: death or life imprisonment without parole.
3. Mob Lynching — Section 103(2) BNS
Murder by a group of 5+ persons on grounds of race, caste, community, sex, place of birth, language or any other ground. Each member punishable with death or life imprisonment.
4. Sexual Intercourse by Deceit — Section 69 BNS
Sexual intercourse obtained by employing deceitful means or false promise of marriage, employment, promotion or by suppressing identity. Up to 10 years’ imprisonment.
5. Snatching — Section 304 BNS
Distinguished from theft and robbery. Punishment: up to 3 years’ imprisonment.
Constitutional Issues Raised
- Article 14 (Equality): Section 152 BNS’ “endangering sovereignty” wording challenged for vagueness — same critique as old Section 124A.
- Article 19(1)(a): Free speech advocates argue Section 152 BNS chills political dissent more than IPC 124A did, despite government claims to the contrary.
- Article 20(1): Retroactive application barred. All offences before 1 July 2024 still tried under IPC.
- Article 21 (Life and Liberty): Mandatory minimum sentences in BNS Section 111/113 must satisfy proportionality test.
- Federalism: “Public order” is State List Entry 1; “criminal law” is Concurrent List Entry 1 — BNS is a Central law, valid under Concurrent.
Transition Rules — Which Law Applies When?
- Offences committed before 1 July 2024: tried under IPC + CrPC + IEA (old laws).
- Offences committed on or after 1 July 2024: BNS + BNSS + BSA apply.
- Pending cases at the cut-off continue under the procedure existing when initiated, per Section 358 BNS savings clause.
How CLAT 2027 Will Test This
Expect 1-2 legal reasoning passages covering:
- Mob lynching fact pattern + applicable BNS section.
- Sedition vs Section 152 BNS comparison passage.
- Sexual deceit (Section 69 BNS) fact pattern.
- Statutory interpretation of “organised crime syndicate.”
- Current affairs MCQs on the date of enforcement, total sections, and key new offences.
Practice Quiz — 10 MCQs on IPC vs BNS
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Internal Resources
- CLAT Coaching — Online & Patna Classroom
- CLAT 2027 Syllabus
- Free CLAT Mock Test
- CLAT FAQ
- CLAT Coaching Patna
Frequently Asked Questions
What replaced the Indian Penal Code 1860?
The Bharatiya Nyaya Sanhita 2023 (BNS), which came into force on 1 July 2024.
How many sections does the BNS have?
358 sections, distributed across 20 chapters — down from the IPC’s 511 sections in 23 chapters.
Is sedition still a crime in India under the BNS?
The IPC’s Section 124A on sedition has been repealed. Section 152 BNS now creates a successor offence — “Acts endangering sovereignty, unity and integrity of India” — which critics call a re-cast sedition.
Will old IPC cases still be tried under the IPC?
Yes. Per Section 358 BNS savings clause, all offences committed before 1 July 2024 continue to be tried under the IPC, CrPC and IEA.
How will CLAT 2027 test the IPC vs BNS transition?
Expect 1-2 legal reasoning passages with fact patterns requiring application of new BNS sections (especially mob lynching, organised crime, and sexual deceit), plus current affairs MCQs on dates and section numbers.
Image credit: Photo by Tingey Injury Law Firm / Unsplash
