IPC 5→BNS 1(6)

IPC 5 to BNS 1(6): Certain laws not to be affected by this Act

Section 5 IPC (1860) replaced by Section 1(6) BNS (2023)

View IPC Section 5 →View BNS Section 1(6) →

IPC 5 to BNS 1(6) at a Glance

Section 5 IPC (Certain laws not to be affected by this Act) is now Section 1(6) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 5 to BNS 1(6)?

Section 5 IPC corresponds to Section 1(6) BNS. Section 1(6) BNS repeats the saving clause of Section 5 IPC word for word, substituting this Sanhita for this Act. Any Act for punishing mutiny and desertion, and any special or local law, remains unaffected by the Sanhita.

IPC 5 vs BNS 1(6): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section51(6)
OffenceCertain laws not to be affected by this ActSame
PunishmentNone. Section 5 IPC creates no offence.None. Section 1(6) BNS creates no offence.
FineNone. Section 5 IPC creates no offence.None. Section 1(6) BNS creates no offence.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 5 and BNS 1(6): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 5, IPC 1860

5. Certain laws not to be affected by this Act.—Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
BNS 2023 (in force)

Section 1(6), BNS 2023

Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

Ingredients: IPC 5 vs BNS 1(6)

Under IPC 5
  1. Provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India are not affected
  2. Provisions of any special or local law are not affected by this Act
Under BNS 1(6)
  1. Provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India remain unaffected
  2. Provisions of any special or local law remain unaffected by this Sanhita

What IPC 5 to BNS 1(6) Means for Pending Cases

For Section 5 IPC (now Section 1(6) BNS): under Section 1(6) BNS, the operation of special and local statutes alongside the general criminal law remains preserved without alteration. A proceeding instituted under a special or local law continues to be governed by that specific enactment.

FAQs: IPC 5 to BNS 1(6)

What changed from Section 5 IPC in Section 1(6) BNS?▼

Section 1(6) BNS reproduces the text of Section 5 IPC word for word, replacing this Act with this Sanhita. There is no substantive change to the saving principle.

Where does Section 5 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 1(6) BNS, in Chapter I, Preliminary, under the heading Short title, commencement and application.

Does Section 5 IPC or Section 1(6) BNS apply to an act done before 1 July 2024?▼

Section 5 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 5 IPC. Section 1(6) 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 ·