Old vs New laws

Acts done by several people with a common intention

Right of private defence (self-defence)

Punishment for criminal conspiracy

Sedition / acts endangering India's sovereignty, unity and integrity

What changed: The word 'sedition' and IPC 124A were not carried over. BNS 152 is a new, differently worded offence: inciting secession, armed rebellion or separatism, or endangering India's sovereignty, unity and integrity, including through electronic communication or financial means.

Promoting enmity between groups (religion, race, language, etc.)

What changed: Now expressly covers doing this through electronic communication.

Giving false information to a public servant to harm someone

What changed: Maximum jail raised from 6 months to 1 year; maximum fine raised from ₹1,000 to ₹10,000.

False criminal charge made to injure someone

What changed: Maximum jail raised from 2 to 5 years (and from 7 to 10 years for false charges of serious offences).

Rash driving or riding on a public road

Obscene acts and songs in public

What changed: The fine is now capped at ₹1,000 (the IPC did not fix an amount).

Punishment for murder

What changed: New BNS 103(2): when a group of five or more people commits murder because of race, caste, community, sex, place of birth, language or personal belief (mob lynching), each member faces death or life imprisonment.

Causing death by negligence

What changed: Maximum punishment increased, with a separate provision for registered doctors during medical procedures. A new hit-and-run clause, BNS 106(2), was kept on hold when the BNS came into force.

Dowry death

Abetment of suicide

Attempt to murder

Voluntarily causing hurt

What changed: Maximum fine raised to ₹10,000.

Hurt or grievous hurt with dangerous weapons or means

What changed: Maximum fine raised to ₹20,000.

Voluntarily causing grievous hurt

Assault or force on a woman to outrage her modesty

Sexual harassment

Assault on a woman with intent to disrobe

Voyeurism

Stalking

Punishment for kidnapping

Punishment for rape

Unnatural offences

What changed: Dropped: the BNS has no equivalent of IPC 377. (Consensual sex between adults had already been decriminalised by the Supreme Court in Navtej Singh Johar v. Union of India, 2018.)

Theft (definition)

Punishment for theft

What changed: Higher punishment added for repeat offenders. Snatching (e.g. chain or phone snatching) is now a separate offence under BNS 304.

Theft in a house, vehicle or place of worship

What changed: Widened beyond a dwelling house to cover means of transport and places of worship.

Punishment for extortion

Punishment for robbery

Punishment for dacoity

Punishment for criminal breach of trust

Dishonestly receiving stolen property

Cheating and dishonestly inducing delivery of property

Punishment for criminal trespass

What changed: Maximum fine raised from ₹500 to ₹5,000.

Punishment for forgery

Marrying again while husband or wife is alive (bigamy)

Adultery

What changed: Dropped: struck down by the Supreme Court in Joseph Shine v. Union of India (2018) and not included in the BNS. Adultery can still be a ground for divorce under family law.

Cruelty to a wife by husband or his relatives

What changed: Split into two sections: BNS 85 (the offence and punishment) and BNS 86 (what 'cruelty' means).

Punishment for defamation

What changed: Community service added as an alternative punishment.

Punishment for criminal intimidation (threats)

Words, gestures or acts meant to insult a woman's modesty

Attempting offences punishable with life or other imprisonment

When police may arrest without a warrant

What changed: New BNSS 35(7): for an offence punishable with less than 3 years, a person who is infirm or above 60 cannot be arrested without prior permission of an officer of at least Deputy Superintendent of Police rank.

Notice to appear before police instead of arrest

Right of an arrested person to meet a lawyer during interrogation

How an arrest is made

Arrested person to be told the grounds of arrest and right to bail

Police must inform a relative or friend about the arrest

What changed: The information must now also be given to the designated police officer in the district.

Medical examination of an arrested person

No detention beyond 24 hours without a magistrate

Maintenance for wife, children and parents

Urgent orders in cases of nuisance or apprehended danger (prohibitory orders)

Land or water disputes likely to cause a breach of peace

FIR for cognizable offences

What changed: FIR can be registered at any police station irrespective of where the offence happened (Zero FIR) and can be given by electronic communication (e-FIR). For offences punishable with 3 to under 7 years, police may hold a preliminary inquiry first.

Information about non-cognizable cases

Magistrate ordering police to investigate

What changed: Now tied to BNSS 173(4): if police refuse to register an FIR, you first send it to the Superintendent of Police, and only failing that apply to the Magistrate.

Police calling witnesses for questioning

What changed: The age above which a person cannot be made to come to the police station is lowered from 65 to 60, and people with acute illness are now also exempt; police must question them where they live.

Police recording statements of witnesses

Confessions and statements recorded by a Magistrate

What changed: In offences punishable with 10 years or more, life or death, a witness's statement must be recorded by a Magistrate; statements of victims are to be recorded by a woman Magistrate as far as practicable, and audio-video recording is allowed for persons with disabilities.

Custody when investigation can't finish in 24 hours (remand)

What changed: Police custody of up to 15 days in total can now be taken in parts at any time during the first 40 or 60 days of detention, instead of only the first 15 days.

Police report after investigation (chargesheet)

What changed: Police must tell the informant or victim about the progress of the investigation within 90 days; the report can be sent electronically, and the 2-month deadline for rape cases now also covers certain POCSO offences.

Magistrate examining the complainant in a private complaint

Free legal aid to the accused at State expense

Compounding (settling) of offences

Victim compensation scheme

Appeals from convictions

Revision: higher court calling for records

Bail in bailable offences

Maximum period an undertrial can be held

What changed: A new proviso gives first-time offenders earlier release on bail. The rule now excludes offences punishable with life imprisonment as well as death, and has new limits for people with several pending cases.

Bail in non-bailable offences

Anticipatory bail

Special bail powers of High Court and Sessions Court

Time limit for a court to take cognizance

What changed: The limitation period is now counted from the date the complaint is filed or the information is recorded.

Inherent powers of the High Court (e.g. quashing)

Confession caused by inducement, threat or promise

What changed: Confessions obtained by 'coercion' are now expressly covered.

Confession to a police officer

Confession while in police custody

Statements of a person who is dead or cannot be found (incl. dying declaration)

Opinions of experts

What changed: Expert opinion is now allowed in 'any other field', not just the listed subjects.

Admissibility of electronic records

What changed: Expressly covers records in semiconductor memory and on any communication device (such as phones).

Presumption of abetment of suicide by a married woman

Presumption as to dowry death