The Bharatiya Nyaya Sanhita (BNS), 2023, while introducing new offenses, also repeals and removes certain provisions from the Indian Penal Code (IPC), 1860. The “19 repealed offenses” likely refers to IPC sections that have been completely removed or their essence significantly altered and replaced, rather than just renumbered.

Sedition (IPC Section 124A)

• IPC Provision: Criminalized acts that bring or attempt to bring into hatred or contempt, or excite disaffection towards, the Government established by law in India.
• BNS Status: Repealed. The specific offense of “Sedition” as defined in IPC 124A has been removed.
• BNS Equivalent (with modifications): While Sedition is gone, BNS Section 152 (“Acts endangering sovereignty, unity and integrity of India”) introduces new provisions that cover actions like exciting secession, armed rebellion, or subversive activities, or encouraging feelings of separatist activities, or endangering the sovereignty or unity and integrity of India. This is a re-framing rather than a direct replacement, focusing more on actions threatening the state’s integrity rather than just “disaffection” towards the government.

Adultery (IPC Section 497)

• IPC Provision: Criminalized sexual intercourse by a man with the wife of another man without his consent or connivance. It was a gender-specific offense.
• BNS Status: Repealed. The Supreme Court of India had already decriminalized adultery in 2018 (Joseph Shine v. Union of India), ruling it unconstitutional. The BNS formally removes it from the statute.

Attempt to Commit Suicide (IPC Section 309)

• IPC Provision: Penalized any person who attempts to commit suicide and does any act towards the commission of such offense.
• BNS Status: Decriminalized in general. The BNS (and previously the Mental Healthcare Act, 2017) acknowledges that attempt to suicide is often a cry for help due to mental health issues, not a crime.
• BNS Equivalent (with a specific exception): BNS Section 226, however, specifically criminalizes “Attempt to commit suicide to compel or restrain exercise of lawful power,” particularly if a person attempts suicide to compel a public servant to do or refrain from doing something. So, while the general attempt is out, a specific malicious intent is still penalized.

Thug (IPC Section 310 & 311)

• IPC Provision: Defined a “thug” as a person habitually associated with others for the purpose of committing robbery or child-stealing by means of murder.² Section 311 provided punishment for being a thug.
• BNS Status: Repealed. This offense, related to a historical criminal phenomenon, is removed as a separate category. Acts committed by such individuals would now be covered under other specific offenses like murder, robbery, kidnapping, or the new organized crime provisions.

Unnatural Offenses (IPC Section 377 – in part)

• IPC Provision: Criminalized “carnal intercourse against the order of nature with any man, woman or animal.”
• BNS Status: Partially Repealed/Modified. The Supreme Court in Navtej Singh Johar v. Union of India (2018) decriminalized consensual sexual acts between adults of the same gender.
• BNS Equivalent: While the BNS removes the broad IPC 377, acts like bestiality or non-consensual unnatural offenses would still be covered under other provisions (e.g., sexual assault, grievous hurt, or other specific offenses depending on the nature of the act and the victim)

Criminal Defamation (IPC Section 499 & 500)

• • IPC Provision: Defined defamation (Section 499) and provided punishment for it (Section 500).
  • BNS Status: Retained, but with changes and modifications. While the BNS (Section 356) retains criminal defamation, there have been discussions and proposals around its scope. It’s not a complete repeal, but the implications and application might see changes. It has been modified, but the essence remains

Procuration of Minor Girl (IPC Section 366A)

• • • IPC Provision: Penalized the procuration of a minor girl (under 18 years) for illicit intercourse.
    • BNS Status: Replaced/Consolidated. While the specific section is gone, offenses related to the exploitation of children and human trafficking are comprehensively covered and often with enhanced penalties in new or restructured BNS sections, especially in Chapter V “Offences against Women and Children.” For example, Section 96 BNS deals with “Procuration of child,” which effectively covers similar acts.

Importation of Girl from Foreign Country (IPC Section 366B)

• • • • IPC Provision: Penalized the importation of a girl from any country outside India with intent that she may be or knowing that she is likely to be forced or seduced to illicit intercourse.
      • BNS Status: Replaced/Consolidated and made Gender-Neutral. Similar to procuration, this offense is now covered under broader human trafficking provisions and specifically under new sections addressing the exploitation of children (Section 141 BNS makes it gender-neutral for both boys and girls).

Punishment for Gang Rape on Woman Under 16 Years of Age (IPC Section 376DA)

• • IPC Provision: Provided specific punishment for gang rape where the woman is under 16 years of age.
  • BNS Status: Consolidated/Modified. The BNS (e.g., Section 70 on Gang Rape) now raises the age threshold for a victim to be considered a “child” in gang rape cases from 16 to 18 years, and provides uniform and often enhanced punishment. The individual differentiation for age groups within gang rape has been streamlined.

Punishment for Gang Rape on Woman Under 12 Years of Age (IPC Section 376DB)

• • IPC Provision: Provided even stricter punishment for gang rape where the woman is under 12 years of age.
  • BNS Status: Consolidated/Modified. Similar to the above, the BNS streamlines the age criteria for minors to 18 years, ensuring stringent punishment across the board for sexual offenses against children.

Lurking house-trespass by night (IPC Section 444) and Housebreaking by night (IPC Section 446)

• • IPC Provision: These were specific forms of criminal trespass with enhanced penalties.
  • BNS Status: Consolidated. While the acts themselves remain offenses (under criminal trespass and house-breaking provisions), the specific separate sections for “by night” are likely consolidated into broader definitions or treated as aggravating circumstances within the main offenses, reducing section count.

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage (IPC Section 493)

• • IPC Provision: Criminalized a man deceitfully causing a woman to believe that she is lawfully married to him and thereby inducing her to cohabit or have sexual intercourse.
  • BNS Status: Replaced/Consolidated. The essence of this offense is now largely covered by the new and broader Section 69 BNS, which criminalizes “Sexual intercourse by deceitful means or false promise to marry.” This new section captures a wider range of deceptive practices beyond just a false marriage.

Offences Relating to Marriage – “Enticing or taking away or detaining with criminal intent a married woman” (IPC Section 498)

• • IPC Provision: This section penalized the enticing or taking away of a married woman with criminal intent, often linked to adultery.
  • BNS Status: Likely Repealed/Redundant. Given the decriminalization of adultery and broader changes to offenses related to marriage, this specific provision would likely be deemed redundant or absorbed into other general criminal provisions if any actual harm (like kidnapping or abduction) is involved.

Criminal Breach of Contract of Service (IPC Sections 490, 491, 492)

• • IPC Provision: These sections dealt with criminal breach of contract of service, particularly by servants in certain capacities or persons bound to attend on helpless persons. These were largely archaic and colonial-era provisions.
  • BNS Status: Repealed. These offenses are removed. Breach of contract is generally a civil matter, and criminalizing mere breach of service contracts is outdated.

Wearing dress or carrying any token used by a public servant with fraudulent intent (IPC Section 171)

• • IPC Provision: Criminalized impersonating a public servant by wearing their dress or carrying their tokens with fraudulent intent.
  • BNS Status: Consolidated/Modified. While impersonation of a public servant remains an offense, this specific phrasing might be consolidated into broader provisions regarding impersonation or cheating.

Public Servant unlawfully buying or bidding for property (IPC Section 167)

• • IPC Provision: Dealt with public servants unlawfully buying or bidding for property.
  • BNS Status: Consolidated/Replaced. Such acts are likely covered under broader anti-corruption laws or under the new BNS provisions relating to public servants engaging in unlawful trade (Section 202 BNS).

Fraudulently or dishonestly diminishing weight or altering composition of Indian coin (IPC Section 247) and similar provisions related to Indian coin (IPC Sections 232-267)

• • IPC Provision: Numerous specific sections detailing various forms of counterfeiting coins, diminishing their weight, altering their appearance, etc.
  • BNS Status: Consolidated/Streamlined. While counterfeiting and related offenses remain, the BNS aims to consolidate and simplify these numerous provisions into fewer, more comprehensive sections related to currency and government stamps. The intent is to make the law more streamlined.

Being a member of a gang of dacoits (IPC Section 400) or a gang of thugs (IPC Section 310)

• • IPC Provision: Specific offenses for being part of gangs committing certain crimes.
  • BNS Status: Replaced/Superseded. The new provisions on “Organized Crime” (Section 109 BNS) and “Petty Organized Crime” (Section 110 BNS) are designed to comprehensively cover membership and activities of criminal gangs, effectively superseding these older specific provisions.

Causing miscarriage (IPC Section 312-316) where “woman” referred to female of any age

• • IPC Provision: These sections dealt with causing miscarriage, often without specifying the woman’s age.
  • BNS Status: Consolidated/Refined. While causing miscarriage remains an offense (BNS Sections 88-92), the BNS places greater emphasis on offenses against “women and children” in a dedicated chapter, ensuring clarity and enhanced protection for minors. The language and context are updated.