IPC 28 to BNS 2(4): “Counterfeit”
Section 28 IPC (1860) replaced by Section 2(4) BNS (2023)
IPC 28 to BNS 2(4) at a Glance
Section 28 IPC (“Counterfeit”) is now Section 2(4) BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 28 to BNS 2(4)?
Section 2(4) BNS carries the definition word for word, both Explanations included. It is now a clause of the definitions section, headed counterfeit, in place of a section of its own. No word is added or removed.
IPC 28 vs BNS 2(4): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 28 | 2(4) |
| Offence | “Counterfeit” | Same |
| Punishment | None. Section 28 IPC creates no offence. | None. Section 2(4) BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 28 and BNS 2(4): Bare Act Text Side by Side
Section 28, IPC 1860
Section 2(4), BNS 2023
Ingredients: IPC 28 vs BNS 2(4)
- Causing one thing to resemble another thing
- Intending, by means of that resemblance, to practise deception, or knowing it to be likely that deception will thereby be practised
- The imitation need not be exact
- Where the resemblance is such that a person might be deceived, the intention or knowledge is presumed until the contrary is proved
- Causing one thing to resemble another thing
- Intending, by means of that resemblance, to practise deception, or knowing it to be likely that deception will thereby be practised
- The imitation need not be exact
- Where the resemblance is such that a person might be deceived, the intention or knowledge is presumed until the contrary is proved
What IPC 28 to BNS 2(4) Means for Pending Cases
FAQs: IPC 28 to BNS 2(4)
Did the definition of counterfeit change when Section 28 IPC became Section 2(4) BNS?▼
No. Section 2(4) BNS carries the definition of Section 28 IPC word for word, with both Explanations.
Section 28 IPC: does the BNS keep the presumption in Explanation 2?▼
Yes. Section 2(4) BNS repeats Explanation 2, so a resemblance such that a person might be deceived still raises the presumption until the contrary is proved.
Section 28 IPC: which BNS sections punish counterfeiting coin and property marks?▼
Section 178 BNS covers counterfeiting coin and stamps, and Section 347 BNS covers counterfeiting a property mark used by any other person.
Does Section 28 IPC or Section 2(4) BNS apply to an act done before 1 July 2024?▼
Section 28 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 28 IPC. Section 2(4) 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 ·