IPC 349→BNS 128

IPC 349 to BNS 128: Force

Section 349 IPC (1860) replaced by Section 128 BNS (2023)

View IPC Section 349 →View BNS Section 128 →

IPC 349 to BNS 128 at a Glance

Section 349 IPC (Force) is now Section 128 BNS, in force from 1 July 2024. Only the section number changed.

What Changed From IPC 349 to BNS 128?

Section 349 IPC corresponds to Section 128 BNS. The definition of force and the three statutory methods of causing motion are preserved without substantive change. The three sub-heads First, Secondly and Thirdly in the IPC proviso are designated as clauses a, b and c under Section 128 BNS.

IPC 349 vs BNS 128: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section349128
OffenceForceSame
PunishmentNone. Section 349 IPC is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 352 IPC, or under Section 353 to Section 358 IPC depending on the circumstances.None. Section 128 BNS is a definition and prescribes no sentence of imprisonment. The use of criminal force is punished under Section 131 to Section 136 BNS depending on the circumstances.
FineNone under Section 349 IPC. Fine is provided under the punishing provisions in Section 352 IPC and Section 353 to Section 358 IPC.None under Section 128 BNS. Fine is provided under the punishing provisions in Section 131 to Section 136 BNS.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 349 and BNS 128: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 349, IPC 1860

349. Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: First.—By his own bodily power. Secondly.—By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly.—By inducing any animal to move, to change its motion, or to cease to move.
BNS 2023 (in force)

Section 128, BNS 2023

A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely:— (a) by his own bodily power; (b) by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person; (c) by inducing any animal to move, to change its motion, or to cease to move.

Ingredients: IPC 349 vs BNS 128

Under IPC 349
  1. The person causes motion, change of motion, or cessation of motion to another person
  2. Or the person causes to any substance such motion, change of motion, or cessation of motion as brings that substance into contact with any part of that other person's body, or with anything that other is wearing or carrying, or with anything so situated that such contact affects that other person's sense of feeling
  3. The motion, change of motion, or cessation of motion is caused by the person's own bodily power, by disposing a substance so that the motion takes place without further human act, or by inducing an animal to move, change its motion, or cease to move
Under BNS 128
  1. Causing motion, change of motion, or cessation of motion to another person, or to a substance bringing it into contact with that person's body, clothing, carried articles, or sense of feeling
  2. Causing such motion by bodily power, by disposing a substance to move without further act, or by inducing an animal to move, change motion, or stop under Section 128 BNS

What IPC 349 to BNS 128 Means for Pending Cases

For Section 349 IPC (now Section 128 BNS): under Section 128 BNS, the definition of force is unchanged. A charge for an act done after the BNS came into force cites Section 128 BNS and is framed on the same elements as before.

FAQs: IPC 349 to BNS 128

What changed from Section 349 IPC to Section 128 BNS?▼

The substantive definition of force is unchanged. Section 128 BNS converts the three proviso sub-heads into lettered clauses a, b and c without changing the substance.

Where is Section 349 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 349 IPC is codified as Section 128 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of criminal force and assault.

Does Section 349 IPC or Section 128 BNS apply to an act done before 1 July 2024?▼

Section 349 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 349 IPC. Section 128 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 ·