The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code (IPC) 1860 with effect from July 1, 2024. For judiciary aspirants appearing in PCS-J, APO, and Civil Judge exams, mastering the BNS is no longer optional u2014 it is mandatory. This article provides complete notes on BNS Chapter VI u2014 Offences Against the State and Chapter VII u2014 Offences Against Public Tranquility, two of the most frequently tested areas.
BNS vs IPC u2014 The Transition at a Glance
| Old Law | New Law | Effective Date |
|---|---|---|
| Indian Penal Code (IPC) 1860 | Bharatiya Nyaya Sanhita (BNS) 2023 | July 1, 2024 |
| Code of Criminal Procedure (CrPC) 1973 | Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 | July 1, 2024 |
| Indian Evidence Act 1872 | Bharatiya Sakshya Adhiniyam (BSA) 2023 | July 1, 2024 |
Chapter VI u2014 Offences Against the State
BNS Section 147 u2014 Waging War Against Government
IPC equivalent: Section 121
Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death or imprisonment for life.
Key elements: (1) Act of waging/attempt/abetment; (2) Against the Government of India (Central + State)
BNS Section 148 u2014 Conspiracy to Wage War
IPC equivalent: Section 121A
Conspiracy to commit offences under Section 147 u2014 punishable with imprisonment for life or up to 10 years + fine.
BNS Section 152 u2014 Acts Endangering Sovereignty, Unity and Integrity
IPC equivalent: Section 124A (Sedition) u2014 BUT significantly reworded
This is the most important change in BNS for judiciary aspirants.
Old IPC 124A (Sedition) vs New BNS 152:
| Feature | IPC 124A (Old) | BNS 152 (New) |
|---|---|---|
| Heading | Sedition | Acts endangering sovereignty, unity and integrity of India |
| Target | Exciting disaffection against the Government | Exciting secession, armed rebellion, subversive activities |
| Punishment | Life imprisonment or 3 years | Life imprisonment or 7 years + fine |
| Words alone | Punishable | Must be connected to secessionist/subversive intent |
| Scope | Broad (criticism of government included) | Narrower (links to territorial integrity) |
Critical for PCS-J: The Supreme Court had stayed IPC 124A in 2022. BNS 152 retains a sedition-like offence but with different elements u2014 courts will interpret what “endangering sovereignty/unity” means in each case.
Chapter VII u2014 Offences Against Public Tranquility
BNS Section 189 u2014 Unlawful Assembly
IPC equivalent: Section 141
An assembly of five or more persons is “unlawful” if their common object is:
- To overawe the Central/State Government or any public servant by criminal force
- Resist execution of any legal process
- Commit any mischief, criminal trespass, or other offence
- Seize property by force
- Compel a person to do/omit what he is not legally bound to do/omit
Key rule: Every member of unlawful assembly is guilty of any offence committed in prosecution of the common object (constructive liability).
BNS Section 191 u2014 Rioting
Rioting = use of force or violence by an unlawful assembly (or member thereof) in prosecution of the common object. Punishable with imprisonment up to 2 years + fine.
Armed rioting: if any member is armed u2192 imprisonment up to 3 years + fine.
BNS Section 194 u2014 Affray
IPC equivalent: Section 160
Two or more persons fight in a public place to the terror of the public u2014 punishable with imprisonment up to 1 month or fine up to u20b91,000.
BNS Section 196 u2014 Promoting Enmity Between Groups
IPC equivalent: Section 153A
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground u2014 punishable with imprisonment up to 3 years (or 5 years if in place of worship).
Comparison Table: Key Sections BNS vs IPC
| Subject | BNS Section | IPC Section | Punishment |
|---|---|---|---|
| Waging War against India | 147 | 121 | Death/Life + Fine |
| Conspiracy to wage war | 148 | 121A | Life/10 yrs + Fine |
| Sedition equivalent | 152 | 124A | Life/7 yrs + Fine |
| Unlawful assembly | 189 | 141 | 6 months/Fine |
| Rioting | 191 | 146 | 2 yrs + Fine |
| Affray | 194 | 160 | 1 month/u20b91,000 |
| Promoting enmity | 196 | 153A | 3u20135 yrs |
PCS-J Exam u2014 How These Sections Are Tested
State PCS-J preliminary exams (UP, Bihar, Rajasthan, MP) typically test BNS with:
- Identification questions: “Which BNS section deals with rioting?” u2192 Section 191
- Comparison questions: “How does BNS 152 differ from IPC 124A?”
- Application questions (Mains): Fact situations where you must apply the correct BNS section
- Punishment questions: “What is the maximum punishment for affray under BNS?”
Practice Quiz u2014 BNS Offences Against State and Public Order
Quiz data missing.
FAQ
Is the IPC still relevant for judiciary exams?
For offences committed before July 1, 2024, the IPC still applies. Courts will apply IPC to old cases and BNS to new cases. For judiciary exams, you must know BOTH u2014 examiners may ask about old IPC provisions and their BNS equivalents, or ask you to compare them.
What is the difference between BNS Section 152 and old IPC Section 124A?
IPC 124A (Sedition) punished exciting “disaffection” against the government u2014 a broader and more subjective standard. BNS 152 targets acts that threaten the sovereignty, unity and integrity of India u2014 specifically secession, armed rebellion, and subversive activities. The punishment under BNS 152 is also higher (7 years vs 3 years under IPC 124A for the lesser form).
Master BNS/BNSS/BSA at Judiciary Gurukul. Practice on our Free Judiciary Mock Test. See our BSA 2023 Complete Notes.
