IPC 19→BNS 2(16)

IPC 19 to BNS 2(16): “Judge”

Section 19 IPC (1860) replaced by Section 2(16) BNS (2023)

View IPC Section 19 →View BNS Section 2(16) →

IPC 19 to BNS 2(16) at a Glance

Section 19 IPC (“Judge”) is now Section 2(16) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 19 to BNS 2(16)?

Section 2(16) BNS keeps both limbs of the definition, worded as means and includes, and numbers them as two clauses. Of the four IPC illustrations, only the second is kept: the Magistrate who has power to sentence to fine or imprisonment is a Judge.

IPC 19 vs BNS 2(16): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section192(16)
Offence“Judge”Same
PunishmentNone. Section 19 IPC creates no offence.None. Section 2(16) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 19 and BNS 2(16): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 19, IPC 1860

19. “Judge”.—The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person,— who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge. (d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.
BNS 2023 (in force)

Section 2(16), BNS 2023

(16) “Judge” means a person who is officially designated as a Judge and includes a person,— (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment. Illustration. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;

Ingredients: IPC 19 vs BNS 2(16)

Under IPC 19
  1. A person officially designated as a Judge
  2. Or a person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal
  3. A judgment that would be definitive if not appealed against, or if confirmed by some other authority, counts
  4. Or a member of a body of persons which the law empowers to give such a judgment
Under BNS 2(16)
  1. A person officially designated as a Judge
  2. Or a person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal
  3. A judgment that would be definitive if not appealed against, or if confirmed by some other authority, counts
  4. Or a member of a body of persons which the law empowers to give such a judgment

What IPC 19 to BNS 2(16) Means for Pending Cases

For Section 19 IPC (now Section 2(16) BNS): nothing turns on the new wording. A person empowered by law to give a definitive judgment is a Judge under both Codes, so an act done before 1 July 2024 and one done after meet the same test.

FAQs: IPC 19 to BNS 2(16)

Did the meaning of Judge change when Section 19 IPC became Section 2(16) BNS?▼

No. Section 2(16) BNS keeps both limbs of Section 19 IPC. It says means and includes where the IPC said denotes not only and but also, which covers the same persons.

Section 19 IPC: which illustrations did the BNS drop?▼

The Collector deciding a suit, the member of a panchayat empowered to try suits, and the Magistrate who can only commit for trial. The definition itself still decides who is a Judge.

Does Section 19 IPC or Section 2(16) BNS apply to an act done before 1 July 2024?▼

Section 19 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 19 IPC. Section 2(16) 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 ·