IPC 4→BNS 1(5)

IPC 4 to BNS 1(5): Extension of Code to extra-territorial offences

Section 4 IPC (1860) replaced by Section 1(5) BNS (2023)

View IPC Section 4 →View BNS Section 1(5) →

IPC 4 to BNS 1(5) at a Glance

Section 4 IPC (Extension of Code to extra-territorial offences) is now Section 1(5) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 4 to BNS 1(5)?

Section 4 IPC corresponds to Section 1(5) BNS. Section 1(5) BNS replaces apply also with shall also apply and letters the three categories a to c. The Explanation retains the definition of offence but omits clause b, which defined computer resource by reference to the Information Technology Act, 2000. That term now receives its meaning through Section 2(39) BNS. The illustration replaces the reference to Uganda with any place without and beyond India.

IPC 4 vs BNS 1(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section41(5)
OffenceExtension of Code to extra-territorial offencesSame
PunishmentNone. Section 4 IPC creates no offence.None. Section 1(5) BNS creates no offence.
FineNone. Section 4 IPC creates no offence.None. Section 1(5) BNS creates no offence.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 4 and BNS 1(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 4, IPC 1860

4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by— (1) any citizen of India in any place without and beyond India; (2) any person on any ship or aircraft registered in India wherever it may be. (3) any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation.—In this section— (a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code; (b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000. Illustration A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.
BNS 2023 (in force)

Section 1(5), BNS 2023

The provisions of this Sanhita shall also apply to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation.—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita. Illustration. A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

Ingredients: IPC 4 vs BNS 1(5)

Under IPC 4
  1. A citizen of India in any place without and beyond India
  2. Any person on a ship or aircraft registered in India, wherever it may be
  3. Any person in any place without and beyond India committing an offence targeting a computer resource located in India
  4. The act committed outside India would be punishable under the Code if committed in India
Under BNS 1(5)
  1. Any citizen of India in any place without and beyond India under clause a
  2. Any person on a ship or aircraft registered in India wherever situated under clause b
  3. Any person abroad committing an offence targeting a computer resource located in India under clause c
  4. The act outside India would be punishable under the Sanhita if committed within India

What IPC 4 to BNS 1(5) Means for Pending Cases

For Section 4 IPC (now Section 1(5) BNS): under Section 1(5) BNS, the extra-territorial operation of the criminal law continues over Indian citizens, Indian vessels, and cyber offences targeting domestic computer resources. A charge for an extra-territorial act committed after the Sanhita came into force cites the substantive offence under the Bharatiya Nyaya Sanhita, 2023.

FAQs: IPC 4 to BNS 1(5)

What changed from Section 4 IPC in Section 1(5) BNS?▼

Section 1(5) BNS changes apply also to shall also apply, letters the three categories a to c, and updates the illustration from Uganda to any place without and beyond India. Explanation clause b defining computer resource is omitted from Section 1(5) BNS, but Section 2(39) BNS supplies its definition from the Information Technology Act, 2000.

Where does Section 4 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 1(5) BNS, in Chapter I, Preliminary, under the heading Short title, commencement and application.

Does Section 4 IPC or Section 1(5) BNS apply to an act done before 1 July 2024?▼

Section 4 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 4 IPC. Section 1(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 ·