IPC 36→BNS 3(7)

IPC 36 to BNS 3(7): Effect caused partly by act and partly by omission

Section 36 IPC (1860) replaced by Section 3(7) BNS (2023)

View IPC Section 36 →View BNS Section 3(7) →

IPC 36 to BNS 3(7) at a Glance

Section 36 IPC (Effect caused partly by act and partly by omission) is now Section 3(7) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 36 to BNS 3(7)?

Section 3(7) BNS carries the rule and its illustration in the same words. It is a sub-section of the general explanations in Section 3 BNS and has no heading of its own.

IPC 36 vs BNS 3(7): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section363(7)
OffenceEffect caused partly by act and partly by omissionSame
PunishmentNone. Section 36 IPC creates no offence.None. Section 3(7) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 36 and BNS 3(7): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 36, IPC 1860

36. Effect caused partly by act and partly by omission.—Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
BNS 2023 (in force)

Section 3(7), BNS 2023

(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration. A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

Ingredients: IPC 36 vs BNS 3(7)

Under IPC 36
  1. An offence of causing a certain effect, or attempting to cause it, by an act or by an omission
  2. The effect caused partly by an act
  3. The effect caused partly by an omission
Under BNS 3(7)
  1. An offence of causing a certain effect, or attempting to cause it, by an act or by an omission
  2. The effect caused partly by an act
  3. The effect caused partly by an omission

What IPC 36 to BNS 3(7) Means for Pending Cases

For Section 36 IPC (now Section 3(7) BNS): nothing turns on the move. Causing an effect partly by an act and partly by an omission is the same offence as causing it by either alone, under both Codes.

FAQs: IPC 36 to BNS 3(7)

Did the rule on an effect caused partly by act and partly by omission change when Section 36 IPC became Section 3(7) BNS?▼

No. Section 3(7) BNS carries it word for word, with the same illustration.

Where does Section 36 IPC sit in the BNS?▼

In Section 3 BNS, the general explanations section, as sub-section 7 with no heading of its own.

Does Section 36 IPC or Section 3(7) BNS apply to an act done before 1 July 2024?▼

Section 36 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 36 IPC. Section 3(7) 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 ·