IPC 168→BNS 202

IPC 168 to BNS 202: Public servant unlawfully engaging in trade

Section 168 IPC (1860) replaced by Section 202 BNS (2023)

View IPC Section 168 →View BNS Section 202 →

IPC 168 to BNS 202 at a Glance

Section 168 IPC (Public servant unlawfully engaging in trade) is now Section 202 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 168 to BNS 202?

Section 168 IPC is now Section 202 BNS, with the same title and the same words. Section 202 BNS adds community service as a further alternative punishment. The simple imprisonment of up to one year and the fine are the same.

IPC 168 vs BNS 202: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section168202
OffencePublic servant unlawfully engaging in tradeSame
PunishmentSimple imprisonment for up to one year.Simple imprisonment for up to one year, or community service.
FineThe offender may be punished with fine alone or with both imprisonment and fine. The section sets no limit.The offender may be punished with fine alone or with both simple imprisonment and fine, or with community service. The section sets no limit on the fine.
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 168 and BNS 202: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 168, IPC 1860

168. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
BNS 2023 (in force)

Section 202, BNS 2023

Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service.

Ingredients: IPC 168 vs BNS 202

Under IPC 168
  1. The accused is a public servant
  2. The accused is legally bound, as such public servant, not to engage in trade
  3. The accused engages in trade
Under BNS 202
  1. A public servant who is legally bound, as such public servant, not to engage in trade
  2. Engaging in trade by that public servant
  3. Punishment by simple imprisonment for up to one year, or fine, or both, or community service

What IPC 168 to BNS 202 Means for Pending Cases

For Section 168 IPC (now Section 202 BNS): the elements of the offence are unchanged, so the charge for an act done after the BNS came into force cites Section 202 BNS and is framed as before. The one difference is at sentence, where the court may now impose community service as an alternative to simple imprisonment for up to one year or fine.

FAQs: IPC 168 to BNS 202

What changed when Section 168 IPC became Section 202 BNS?▼

Section 202 BNS repeats the title and the words of Section 168 IPC and adds community service as a further alternative punishment. The term of imprisonment and the fine are unchanged.

Where does Section 168 IPC sit in the BNS?▼

In Section 202 BNS, in Chapter XII, Of Offences by or Relating to Public Servants.

Does Section 168 IPC or Section 202 BNS apply to an act done before 1 July 2024?▼

Section 168 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 168 IPC. Section 202 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 ·