302 Is Not Murder, and 420 Is Not Deception: How would IPC Section Numbers Change In The Proposed New Code?

The Bharatiya Nyaya Sanhita Bill, 2023, which would repeal and replace the more than 160-year-old Indian Penal Code (IPC), now will have new sections with new numerals. The previous and new section numbers are listed below.

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The Bharatiya Nyaya Sanhita Bill, 2023, which will repeal and replace the older than 160-year-old Indian Penal Code (IPC), will include new numbers for some of the Code’s most commonly used sections — section numbers that have long been part of film dialogue, popular culture, and common people’s language.

Consider “dafaa 302” for murder,  “376” for rape, or “420” for cheating,  – IPC provisions that are cited for these acts. These sections will now be numbered differently under the BNS, the intended successor to the IPC.

The previous and new section numbers are listed below. However, these revised figures are not yet final; they may change when the Bill is reviewed by the Standing Committee and debated in Parliament.

Section 420 of the IPC: Cheating

“Whoever cheats and thereby fraudulently induces [a] person…to deliver any property…, or to make, eliminate or alter the whole or any part of a valuable security, or any other thing which is signed or sealed…shall be punished with imprisonment…which may extend to seven years, and shall also be liable to fine,” says IPC Section 420.

Section 420 is not included in the planned BNS for 2023. Section 316 deals with the crime of cheating.

Section 316 (1) says:

“Whoever, by deceiving any person, or dishonestly or fraudulently induces the person…to deliver any property…, or intentionally persuades the person…to do or remove to do anything that the individual would not do or omit if he were not so deceived, and which act or omission results in or is likely to cause damage or harm to that person in body, mind, reputation, or property, is said to “cheat,” according to Section 316 (1).

under Sections 316(2), (3), and (4) Cheating is punishable by up to three years, five years, or seven years in prison, as well as a fine.

IPC Section 124A: Sedition

“Whoever, by words, either spoken or written, or by visible representation, by signs, or otherwise, generates or attempts to bring into hatred or contempt, or excites or attempts to stir up disaffection towards…the Government established by law…shall be punishable with imprisonment for life, to which fine may be added, or with imprisonment for three years, to which fine may be added, or with fine,” states IPC Section 124A.

IN PROPOSED BNS, 2023: Section 124 of the Draught Sanhita deals with the criminal crime of improper restraint.

Read More: Internet Reacted Angrily To Rahul Gandhi’s Flying Kiss In Parliament

The suggested Sanhita does not contain the term sedition. Section 150 of the Draught Sanhita defines “Acts endangering the sovereignty, unity, and integrity of India” as “Acts endangering the sovereignty, unity, and integrity of India.”

It goes into greater detail than IPC Section 124A.

Section 150 of the proposed Sanhita states: “Whoever, purposefully or knowingly, motivates or attempts to excite, secession or rebellion with arms or subversive activities, or encourages feelings of separatist activities, or endangers the independence or  integrity and unity of India; or commits or  indulges in or any such act shall be punished.”

IPC Section 302: Murder

Murder is punished by IPC Section 302: “Whoever commits murder will be punished with death or imprisonment for life, and is also liable to fine.”

IN PROPOSED BNS, 2023: 

Section 302 of the Draught Sanhita defines “snatching” as a crime. According to Section 302(1), “theft is “snatching” if, in order to commit theft, the offender forcibly, suddenly, quickly, or seizes or secures or grabs or snatches away from any person or from his possession any moveable property.”

Murder is included in Section 99 of the Draught Sanhita, which distinguishes between culpable homicide and murder.

Section 101, which includes two sub-sections, defines the penalty for murder.

According to Section 101(1), “whoever commits murder will be punished with death or imprisonment for life, or and is also liable to fine.”

Section 101(2) of the proposed Sanhita says

“When a group of five or more people acting together commits murder on the basis of race, caste or community, personal belief, sex, place of birth, language, or any other ground, each member of such group shall be punished with death or imprisonment for life or imprisonment for a term not less than seven years, and shall also be liable to fine.”

This second subsection relates to collective murder, which includes lynching.

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