Offences against the person -- culpable homicide, murder, and hurt -- are now defined under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code, 1860 with effect from 1 July 2024; the substance of these offences is largely carried forward from the IPC under renumbered sections, though the law applicable to a specific case depends on when the offence occurred, not when it is prosecuted.
From IPC to BNS -- what changed and what didn’t
The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC) as India’s
substantive criminal code, effective 1 July 2024. For offences against the person, the BNS largely retains the
IPC’s substantive definitions while renumbering the sections -- culpable homicide is now BNS Section 100
(previously IPC Section 299), and murder is dealt with under BNS Section 101 (previously IPC Section 302).
Hurt is defined under BNS Section 114 (previously IPC Section 319), voluntarily causing hurt under BNS Section
115 (previously IPC Sections 321/323), grievous hurt is defined under BNS Section 116 (previously IPC Section
320, listing eight kinds of grievous hurt), and voluntarily causing grievous hurt under BNS Section 117
(previously IPC Sections 322/325).
Which law applies -- offence date, not filing date
An important, easily-missed procedural point: the substantive law that applies to a criminal case is
generally determined by the date the offence was committed, not the date a case is filed or tried. Offences
committed before 1 July 2024 continue to be governed by the IPC, even if the trial happens after that date,
while offences committed on or after 1 July 2024 are governed by the BNS.
What stays consistent across the transition
Core legal concepts -- the distinction between culpable homicide and murder (turning on intention and
knowledge, as clarified through decades of case law under the corresponding IPC provisions, which remains
persuasive in interpreting the BNS’s substantively similar language), the categories of grievous hurt, and
general exceptions like self-defence -- carry forward largely unchanged in substance, even though the section
numbers have been renumbered. For NRIs following or involved in an Indian criminal matter from abroad, this
means older legal advice, judgments, and even FIR copies referencing IPC section numbers remain relevant and
should not be discarded merely because the numbering has since changed -- counsel handling the matter will
typically cross-reference the applicable IPC or BNS provision depending on when the alleged offence took
place.
If an assault happened in 2023, is it prosecuted under the IPC or the BNS?
Under the IPC -- the law applicable to a criminal offence is generally the law in force on the date the
offence was committed, so an assault that occurred in 2023, before the BNS came into force on 1 July 2024,
continues to be governed by the IPC even if the case is being tried now.
What is the difference between culpable homicide and murder under the BNS?
Culpable homicide (BNS Section 100) is causing death with the intention of causing death or bodily injury
likely to cause death, or with knowledge the act is likely to cause death. Murder (BNS Section 101) is a more
serious category of culpable homicide, distinguished based on the degree of intention/knowledge and the
presence or absence of specific exceptions -- the substantive test carries forward the framework built up
under the equivalent IPC provisions.
Do old Supreme Court judgments interpreting IPC offences still matter under the BNS?
Yes, generally -- since the BNS largely retains the substantive definitions of offences against the person
with only renumbering, courts have treated prior interpretive case law on the corresponding IPC provisions as
persuasive guidance for interpreting the equivalent BNS sections, though this is ultimately for courts to
confirm as BNS-specific case law develops.
