IPC 462→BNS 334(2)

IPC 462 to BNS 334(2): Punishment for same offence when committed by person entrusted with custody

Section 462 IPC (1860) replaced by Section 334(2) BNS (2023)

View IPC Section 462 →View BNS Section 334(2) →

IPC 462 to BNS 334(2) at a Glance

Section 462 IPC (Punishment for same offence when committed by person entrusted with custody) is now Section 334(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 462 to BNS 334(2)?

Sections 461 and 462 IPC are consolidated in Section 334 BNS. Section 462 IPC corresponds to Section 334(2) BNS. The statutory elements, the term of imprisonment of either description up to three years, and the option of fine or both remain unchanged.

IPC 462 vs BNS 334(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section462334(2)
OffencePunishment for same offence when committed by person entrusted with custodySame
PunishmentImprisonment of either description for a term which may extend to three yearsSame
FineThe court may impose a fine instead of imprisonment, or both. The statute does not fix a maximum fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 462 and BNS 334(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 462, IPC 1860

462. Punishment for same offence when committed by person entrusted with custody.—Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
BNS 2023 (in force)

Section 334(2), BNS 2023

Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Ingredients: IPC 462 vs BNS 334(2)

Under IPC 462
  1. The accused was entrusted with a closed receptacle
  2. The receptacle contained property, or the accused believed it to contain property
  3. The accused had no authority to open that receptacle
  4. The accused broke open or unfastened the receptacle dishonestly or with intent to commit mischief
Under BNS 334(2)
  1. The offender is entrusted with a closed receptacle containing or believed to contain property
  2. The offender lacks authority to open the receptacle
  3. The offender breaks open or unfastens the receptacle dishonestly or with intent to commit mischief
  4. Punishment of imprisonment of either description for a term up to three years, or fine, or both

What IPC 462 to BNS 334(2) Means for Pending Cases

For Section 462 IPC (now Section 334(2) BNS): under Section 334(2) BNS, the elements and penalties remain unchanged from Section 462 IPC. A charge for an act done after the BNS came into force cites Section 334(2) BNS.

FAQs: IPC 462 to BNS 334(2)

What changed from Section 462 IPC to Section 334(2) BNS?▼

The offence and penalties are unchanged. Section 334(2) BNS reproduces Section 462 IPC as the second sub-section of a consolidated provision governing breaking open receptacles.

Where does Section 462 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 334(2) BNS, in Chapter XVII, Of Offences Against Property, under the sub-heading Of Criminal Trespass.

Does Section 462 IPC or Section 334(2) BNS apply to an act done before 1 July 2024?▼

Section 462 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 462 IPC. Section 334(2) 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 ·