COMPARATIVE ANALYSIS OF IPC AND BNS IN FORENSIC MEDICINE: A REVIEW

International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 100 Original Article COMPARATIVE ANALYSIS OF IPC AND BNS IN FORENSIC MEDICINE: A REVIEW Dr. Akanksha1 & Dr. N.A.R.R. Nishshanka2 1Assistant Professor, Department of Agada Tantra, Guru Nanak Ayurvedic Medical College & Research Institute, Gopalpur, Ludhiana 2Ayurvedic Medical Officer, Department of Ayurveda, Sri Lanka Manuscript ID: IJAAR-130116 Abstract: The Indian Penal Code, a reflection of British criminal law, was originally designed to exert control over and punish rather than protect Indian citizens. Recognizing the need for legal reform to align with contemporary societal values, the Union Government of India has initiated a series of amendments. The Minister of Home Affairs presented three bills in the Lok Sabha aimed at replacing outdated colonial-era laws: the Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023, which target the IPC 1860, CrPC 1973, and Indian Evidence Act 1872 respectively[1]. The introduction of the Bharatiya Nyaya Sanhita (BNS) of 2023 seeks to address these issues and introduce crucial amendments to better serve the Indian populace. Over time, the Indian Penal Code (IPC) has undergone amendments to introduce new offences, modify existing ones, and adjust punishment severity. Courts have also decriminalized certain acts, such as consensual intercourse between same-sex adults, adultery, and attempted suicide. Additionally, several states have made amendments to the IPC, prescribing varying punishments for offences like sexual crimes, trafficking minors for prostitution, food and drug adulteration, and desecration of religious texts. Various Law Commission reports have suggested IPC amendments, covering areas such as crimes against women, food adulteration, and the use of the death penalty. Comparing the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) in the context of forensic medicine involves examining how each legal framework addresses the collection, handling, and use of forensic evidence in criminal investigations and trials. Keywords: Bharatiya Nyaya Sanhita, Indian Penal Code, Offences, Punishment ISSN: 2347-7075 Impact Factor – 8.141 Volume - 13 Issue - 1 SeptemberOctober 2025 Pp. 100-107 Submitted: 30 Sept 2025 Revised: 25 Oct 2025 Accepted: 27 Oct 2025 Published: 31 Oct 2025 Corresponding Author: Dr. Akanksha Quick Response Code: Website: https://ijaar.co.in/ DOI: 10.5281/zenodo.17677979 DOI Link: https://doi.org/10.5281/zenod o.17677979 Creative Commons Creative Commons (CC BY-NC-SA 4.0) This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0), which permits others to remix, adapt, and build upon the work non-commercially, provided that appropriate credit is given and that any new creations are licensed under identical terms. How to cite this article: Dr. Akanksha, Dr. N.A.R.R. Nishshanka. (2025). Comparative Analysis Of IPC And BNS In Forensic Medicine: A Review. International Journal of Advance and Applied Research, 13(1), 100–107. https://doi.org/10.5281/zenodo.17677979 International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 101 Aim and Objectives: 1. To identify the differences and similarities between BNS and IPC in the context of forensic medicine. 2. To review and analyze the specific sections of the BNS and IPC that pertain to forensic medicine. Introduction: BNS 2023: The Bharatiya Nyaya Sanhita (BNS) replaces the IPC. It largely retains the provisions of the IPC, adds some new offences, removes offences that have been struck down by courts, and increases penalties for several offences[2]. Introduction and pass of bill[3]- • First introduced:- 11 August 2023 • Second introduction after incorporating recommendation:-12 December 2023 • Passed:- 25 December 2023 • Come in force:- 1 July 2024 Changes and Features: Key changes in the BNS include[4-6]: 1. Offences against the body: The IPC criminalises acts such as murder, abetment of suicide, assault and causing grievous hurt. The BNS retains these provisions. It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds. 2. Sexual offences against women: The IPC criminalises acts such as rape, voyeurism, stalking and insulting the modesty of a woman. The BNS retains these provisions. It increases the threshold for the victim to be classified as a major, in the case of gangrape, from 16 to 18 years of age. It also criminalises sexual intercourse with a woman by deceitful means or making false promises. 3. Sedition: The BNS removes the offence of sedition. It instead penalises the following: a. Exciting or attempting to excite secession, armed rebellion, or subversive activities, b. Encouraging feelings of separatist activities, or c. Endangering the sovereignty or unity and integrity of India. These offences may involve exchange of words or signs, electronic communication, or use of financial means. 4. Terrorism: The BNS defines terrorism as an act that intends to: a. Threaten the unity, integrity, and security of the country, b. Intimidate the general public, or c. Disturb public order. Punishment for attempting or committing terrorism includes: a. Death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or b. Imprisonment between five years and life, and a fine of at least five lakh rupees. 5. Organised crime: Organised crime includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate. Attempting International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 102 or committing organised crime will be punishable with: a. Death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or b. Imprisonment between five years and life, and a fine of at least five lakh rupees. 6. Mob lynching: The BNS adds murder or grievous hurt by five or more people on specified grounds, as an offence. These grounds include race, caste, sex, language, or personal belief. The punishment for such murder is a minimum of seven years imprisonment to life imprisonment or death. 7. Rulings of the Supreme Court: The BNS conforms to some decisions of the Supreme Court. These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict. Structure of The Bhartiya Nyaya Sanhita, 2023[7]: The Bharatiya Nyaya Sanhita is subdivided into 20 chapters consisting of 358 clauses. The structure of the code is similar to the Indian Penal Code. The outline of Chapters, Clauses & offences are as followChapters Clauses Content of Chapter Chapter 1 Clauses 1 to 3 Preliminary Chapter 2 Clauses 4 to 13 Of punishments Chapter 3 Clauses 14 to 44 General exceptions  Of the Right to Private defence (Sections 34 to 44) Chapter 4 Clauses 45 to 62 Of abetment, criminal conspiracy and attempt Chapter 5 Clauses 63 to 99 Of offence against women and children  Of sexual offences (Sections 63 to 79)  Of offences relating to marriage (Sections 80 to 87)  Of causing miscarriage, etc. (Sections 88 to 92)  Of offences against child (Sections 93 to 99) Chapter 6 Clauses 100 to 146 Of offences affecting the human body  Of offences affecting life (Sections 100 to 113)  Of hurt (Sections 114 to 125)  Of wrongful restraint and wrongful confinement (Sections 126 to 127)  Of criminal force and assault (Sections 128 to 146) Chapter 7 Clauses 147 to 158 Of offences against the state Chapter 8 Clauses 159 to 168 Of offences relating to the army, navy and air force Chapter 9 Clauses 169 to 177 Of offences relating to elections Chapter 11 Clauses 189 to 197 Of offences relating to coin, currency-notes, bank-notes, and government stamps Chapter 12 Clauses 198 to 205 Of offences by or relating to public servants Chapter 13 Clauses 206 to 226 Of contempts of the lawful authority of public servants International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 103 Chapter 14 Clauses 227 to 269 Of false evidence and offences against public justice Chapter 15 Clauses 270 to 297 Of offences affecting the public health, safety, convenience, decency and morals Chapter 16 Clauses 296 to 302 Of offences relating to religion Chapter 17 Clauses 303 to 334 Of offences against property  Of theft (Sections 303 to 307)  Of extortion (Sections 308)  Of robbery and dacoity (Sections 309 to 313)  Of criminal misappropriation of property (Sections 314 to 316)  Of receiving stolen property (Sections 317 to 319)  Of fraudulent deeds and dispositions of property (Sections 320 to 323)  Of mischief (Sections 324 to 328)  Of criminal trespass (Sections 329 to 334) Chapter 18 Clauses 335 to 350 Of offences relating to documents and to property marks  Of Documents (Sections 335 to 344)  Of property marks (Sections 345 to 350) Chapter 19 Clauses 349 to 357 Of criminal intimidation, insult, annoyance, defamation, etc.  Of criminal intimidation, insult, annoyance (Sections 349 to 355)  Of defamation (Sections 356)  Of breach of contract to attend on and supply wants of helpless person (Sections 357) Chapter 20 Clauses 358 Repeal and savings Indian Penal Code, 1860 Bharatiya Nyaya Sanhita, 2023 Section Heading Section Punishment 82 Act of a child under seven years of age(Age of criminal responsibility in India) 20 Not changed 83 Act of a child 7 -12 years of age immature understanding 21 Not changed 84 Act of a person of unsound mind (Criminal responsibility of mental ill) 22 Not changed 85 Act of a person intoxicated involuntarily (Not responsible) 23 Not changed 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated (Act of a voluntarily intoxicated 24 Not changed International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 104 person) 87 Act not intended and not known to be likely to cause death or grievous hurt, done by consent 25 Not changed 88 Act not intended to cause death, done by consent in good faith for person’s benefit 26 Not changed 89 Act done in good faith for benefit of child or insane person, by or by consent of guardian 27 Not changed 90 Consent known to be given under fear or misconception 28 Not changed 92 Act done in good faith for benefit of a person without consent 30 Not changed 166B Punishment for non-treatment of victim 200 Not changed 174 Non-attendance in obedience to an order from public servant 208 Changed 176 Omission to give notice or information to public servant by person legally bound to give it 211 Changed 177 Furnishing false information 121 Changed 191 Giving false evidence 227 Not changed 192 Fabricating false evidence 228 Not changed 193 Punishment for false evidence 229 Changed 197 Issuing or signing false certificate 234 Not Changed 201 Causing disappearance of evidence of offence, or giving false information to screen offender 238 Not changed 202 Intentional omission to give information of offence by person bound to inform 239 Not changed 204 Destruction of document or electronic record to prevent its production as evidence 241 Changed 228A Disclosure of identity of the victim of certain offences, etc. 72 Not Changed 284 Negligent conduct with respect to poisonous substance 286 Changed 299 Culpable homicide 100 Not Changed 300 Murder 101 Changed 302 Punishment for murder 103 Changed 303 Punishment for murder by life convict 104 Changed 304 Punishment for culpable homicide not amounting to murder 105 Changed 304A Causing death by negligence 106 Changed 304B Dowry death 80 Not changed 305 Abetment of suicide of child or insane person 107 Changed 306 Abetment of suicide 108 Not changed 307 Attempt to murder 109 Not Changed 309 Attempt to commit suicide 226 Changed 312 Causing miscarriage 88 Not Changed 313 Causing miscarriage without woman’s consent 89 Not changed 314 Death caused by act done with intent to cause miscarriage 90 Not Changed 315 Act done with intent to prevent child being born alive or to cause it to die after birth 91 Not Changed International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 105 316 Causing death of quick unborn 92 Not Changed 317 Exposure and abandonment of child under twelve years, by parent or person having care of it 93 Not Changed 318 Concealment of birth by secret disposal of dead body 94 Not changed 319 Hurt 114 Not changed 320 Grievous hurt 116 Not Changed 323 Punishment for voluntarily causing hurt 115(2) Changed 324 Voluntarily causing hurt by dangerous weapons or means 118(1) Changed 325 Punishment for voluntarily causing grievous hurt 117(2) Not Changed 326 Voluntarily causing grievous hurt by dangerous weapons or means 118 Changed 326A Voluntarily causing grievous hurt by use of acid, etc. 124(1) Changed 326B Voluntarily throwing or attempting to throw acid 124(2) Not Changed 328 Causing hurt by means of poison, etc., with intent to commit an offence 123 Not Changed 337 Causing hurt by act endangering life or personal safety of others 125 Changed 338 Causing grievous hurt by act endangering life or personal safety of others 125 Changed 351 Assault 130 Not Changed 352 Punishment for assault or criminal force otherwise than on grave provocation 131 Changed 375 Rape 63 Changed 376 Punishment for rape 64 Changed 376A Punishment for causing death or resulting in persistent vegetative state of victim 66 Changed 376AB Punishment for rape on woman under twelve years of age 65(2) Changed 376 B Sexual intercourse by husband upon his wife during separation 67 Changed 376C Sexual intercourse by a person in authority 68 Changed 376D Gang rape 70 Changed 376DA Punishment for gang rape on woman under sixteen years of age 70 - 376DB Punishment for gang rape on woman under twelve years of age. 70 - 376E Punishment for repeat offenders 71 Not Changed 377 Unnatural offences. - - 498 Enticing or taking away or detaining with criminal intent a married woman 84 Not Changed 498A Husband or relative of husband of a woman subjecting her to cruelty 85 Not Changed 509 Word, gesture or act intended to insult the modesty of a 79 Not Changed International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 106 woman 510 Misconduct in public by a drunken person 355 Changed 290 Punishment for public nuisance in cases not otherwise provided for 292 Changed 294 Punishment for Obscene acts and songs 296 Changed 297 Trespassing on burial places, etc. 301 Not Changed Discussion: Comparing the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) in the context of forensic medicine involves examining how each legal framework addresses the collection, handling, and use of forensic evidence in criminal investigations and trials. Here are some key points of comparison: 1. Updated Legal Framework for Forensic Evidence: BNS: The BNS is designed to modernize the legal framework, incorporating advancements in forensic science and technology. It aims to address contemporary challenges such as cybercrime, digital evidence, and more sophisticated forensic techniques. IPC: The IPC, established in 1860, has been periodically amended but still reflects many outdated principles. While it provides a broad foundation, it lacks specific provisions addressing modern forensic science advancements and technology. 2. Procedural Standards: BNS: Emphasizes updated and rigorous standards for forensic procedures, ensuring proper collection, preservation, and analysis of evidence. It aims to minimize the risks of contamination, tampering, and procedural errors through standardized protocols. IPC: The IPC, complemented by the Criminal Procedure Code (CrPC), provides general guidelines for handling evidence but does not delve into detailed forensic procedures. The standards are less specific and may not fully address modern forensic methodologies. 3. Forensic Expertise and Laboratories: BNS: Stresses the need for state-of-the-art forensic laboratories and continuous training for forensic experts. It outlines clear guidelines for the qualifications and recognition of forensic experts in legal proceedings. IPC: Does not specifically address the infrastructure or expertise required for forensic analysis. The development and maintenance of forensic capabilities are handled through separate regulations and agencies. 4. Victim Protection and Sensitivity: BNS: Emphasizes victim protection, especially during forensic examinations in sensitive cases like sexual assault. It aims to uphold the dignity and rights of victims throughout the forensic process. IPC: Provides general protection for victims but lacks detailed procedural safeguards specific to forensic examinations. The focus on victim sensitivity in forensic contexts is less pronounced. International Journal of Advance and Applied Research Peer Reviewed | International Open Access Journal ISSN: 2347-7075 | Impact Factor – 8.141 | Website: https://ijaar.co.in/ Volume-13, Issue-1 | September - October 2025 107 5. International Collaboration: BNS: Recognizes the need for international cooperation in forensic science, proposing mechanisms for collaboration with global forensic bodies and law enforcement agencies. IPC: Does not explicitly cover international collaboration in forensic matters. Such cooperation is typically managed through international treaties and agreements outside the scope of the IPC. Conclusion: The Bharatiya Nyaya Sanhita (BNS), proposed as a replacement for the Indian Penal Code (IPC), aims to modernize India's criminal justice system, including aspects related to forensic medicine The BNS aims to provide a more comprehensive, modern, and detailed framework for incorporating forensic medicine into the legal system. It addresses contemporary challenges and ensures that forensic science is integrated with higher standards and relevance. In contrast, the IPC, while foundational, lacks the specificity and modernity needed to handle today's forensic science complexities effectively. So, Here’s how forensic medicine is addressed and improved in the BNS compared to the existing IPC framework. References: 1. https://www.freelaw.in/legalarticles/B haratiya-Nyaya-Sanhita-2023 2. Dr. Piyush Gupta et al.;Naveen agada tantra evam vyavhara Ayurveda; Ram Ayurveda Sanskrit book Prakashan, Jaipur (Rajasthan); 2024;302 3. Dr. Piyush Gupta et al.;Naveen agada tantra evam vyavhara Ayurveda; Ram Ayurveda Sanskrit book Prakashan, Jaipur (Rajasthan); 2024;302 4. Dr. Piyush Gupta et al.;Naveen agada tantra evam vyavhara Ayurveda; Ram Ayurveda Sanskrit book Prakashan, Jaipur (Rajasthan); 2024;303 5. Dr. Piyush Gupta et al.;Naveen agada tantra evam vyavhara Ayurveda; Ram Ayurveda Sanskrit book Prakashan, Jaipur (Rajasthan); 2024;304 6. https://prsindia.org/billtrack/thebharatiya-nyaya-sanhita-2023 7. Dr. Piyush Gupta et al.;Naveen agada tantra evam vyavhara Ayurveda; Ram Ayurveda Sanskrit book Prakashan, Jaipur (Rajasthan); 2024;304-306 8. https://www.scribd.com/document/697 148286/IPC-1860-BNS-2023Comperative-Table