IPC 104 to BNS 42: When such right extends to causing any harm other than death
Section 104 IPC (1860) replaced by Section 42 BNS (2023)
IPC 104 to BNS 42 at a Glance
Section 104 IPC (When such right extends to causing any harm other than death) is now Section 42 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 104 to BNS 42?
Section 42 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 41 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.
IPC 104 vs BNS 42: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 104 | 42 |
| Offence | When such right extends to causing any harm other than death | Same |
| Punishment | None. Section 104 IPC creates no offence. | None. Section 42 BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 104 and BNS 42: Bare Act Text Side by Side
Section 104, IPC 1860
Section 42, BNS 2023
Ingredients: IPC 104 vs BNS 42
- The offence resisted, or attempted, is theft, mischief or criminal trespass
- It is not one of the descriptions listed in Section 103 IPC
- The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 99 IPC
- The offence resisted, or attempted, is theft, mischief or criminal trespass
- It is not one of the descriptions listed in Section 41 BNS
- The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 37 BNS
What IPC 104 to BNS 42 Means for Pending Cases
FAQs: IPC 104 to BNS 42
What changed when Section 104 IPC became Section 42 BNS?▼
Only the cross-references. Section 42 BNS cites Section 41 BNS for the descriptions and Section 37 BNS for the restrictions. The rule is the same.
Where does Section 104 IPC sit in the BNS?▼
In Section 42 BNS, in Chapter III, General Exceptions.
Does Section 104 IPC or Section 42 BNS apply to an act done before 1 July 2024?▼
Section 104 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 104 IPC. Section 42 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·