Criminal Law Notes for LLB Students: IPC to BNS

The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, effective 1 July 2024. These notes cover the core doctrines of substantive criminal law, mapped to the new code.

General Principles: Mens Rea and Actus Reus

Criminal liability generally requires both a guilty act (actus reus) and a guilty mind (mens rea) — “actus non facit reum nisi mens sit rea.” Chapter IV of the BNS (Sections 14-44, previously IPC Sections 76-106) retains the General Exceptions: mistake of fact, accident, necessity, insanity (Section 22, BNS; Section 84, IPC — the M’Naghten test of unsoundness of mind), intoxication, consent, and private defence (Sections 34-44, BNS; Sections 96-106, IPC).

Offences Against the Body

Culpable homicide (Section 100, BNS; Section 299, IPC) and murder (Section 101, BNS; Section 302/300, IPC) are distinguished by the degree of knowledge/intention under the four clauses of Section 101 BNS (formerly Section 300 IPC exceptions and clauses). Hurt and grievous hurt (Sections 114-118, BNS; Sections 319-326, IPC) and the new offence of mob lynching (Section 103(2), BNS) are frequently examined additions.

Offences Against Women

Rape (Section 63-64, BNS; Section 375-376, IPC) and the Criminal Law (Amendment) Act, 2013 (post-Nirbhaya) reforms remain central; the BNS also introduces Section 69 (sexual intercourse by deceitful means, including false promise of marriage) as a distinct offence.

Offences Against Property

Theft (Section 303, BNS; Section 378, IPC), extortion, robbery and dacoity (Sections 308-310, BNS; Sections 390-396, IPC), criminal breach of trust (Section 316, BNS; Section 405, IPC) and cheating (Section 318, BNS; Section 415, IPC) form the property-offence cluster.

What Changed from IPC to BNS

The BNS renumbers almost every section, adds organised crime (Section 111) and terrorist acts (Section 113) as standalone offences for the first time (previously under special statutes like UAPA/MCOCA), introduces community service as a punishment (Section 4(f)), and removes Section 124A (sedition), replacing it with Section 152 (acts endangering sovereignty, unity and integrity of India).

Key exam questions to prepare

• Distinguish culpable homicide from murder under the BNS.
• What are the General Exceptions and how do they negate criminal liability?
• Key structural changes from the IPC to the BNS.

More: all LL.B. subject notes