IPC 20→BNS 2(5)

IPC 20 to BNS 2(5): “Court of Justice”

Section 20 IPC (1860) replaced by Section 2(5) BNS (2023)

View IPC Section 20 →View BNS Section 2(5) →

IPC 20 to BNS 2(5) at a Glance

Section 20 IPC (“Court of Justice”) is now Section 2(5) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 20 to BNS 2(5)?

Section 2(5) BNS keeps the words of the definition but names the defined term Court, not Court of Justice, and says means where the IPC said denote. The illustration on a Panchayat under the Madras Code is dropped.

IPC 20 vs BNS 2(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section202(5)
Offence“Court of Justice”Same
PunishmentNone. Section 20 IPC creates no offence.None. Section 2(5) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 20 and BNS 2(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 20, IPC 1860

20. “Court of Justice”.—The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially. Illustration A Panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.
BNS 2023 (in force)

Section 2(5), BNS 2023

(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially;

Ingredients: IPC 20 vs BNS 2(5)

Under IPC 20
  1. A Judge empowered by law to act judicially alone, or a body of Judges empowered by law to act judicially as a body
  2. That Judge or body of Judges is acting judicially at the time
Under BNS 2(5)
  1. A Judge who is empowered by law to act judicially alone
  2. Or a body of Judges which is empowered by law to act judicially as a body
  3. That Judge or body of Judges is acting judicially at the time

What IPC 20 to BNS 2(5) Means for Pending Cases

For Section 20 IPC (now Section 2(5) BNS): nothing turns on the new name. A Judge or a body of Judges empowered by law to act judicially, and acting judicially, fits both definitions, so an act done before 1 July 2024 and one done after meet the same test.

FAQs: IPC 20 to BNS 2(5)

Did the meaning of Court of Justice change when Section 20 IPC became Section 2(5) BNS?▼

No. Section 2(5) BNS gives the word Court the same meaning that Section 20 IPC gave to Court of Justice. Only the defined word and the illustration change.

Section 20 IPC: is a Panchayat still a Court under the BNS?▼

The BNS drops the illustration. A Panchayat is a Court under Section 2(5) BNS if it is a body of Judges empowered by law to act judicially, and only while it is acting judicially.

Does Section 20 IPC or Section 2(5) BNS apply to an act done before 1 July 2024?▼

Section 20 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 20 IPC. Section 2(5) 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 ·