IPC 6→BNS 3(1)

IPC 6 to BNS 3(1): Definitions in the Code to be understood subject to exceptions

Section 6 IPC (1860) replaced by Section 3(1) BNS (2023)

View IPC Section 6 →View BNS Section 3(1) →

IPC 6 to BNS 3(1) at a Glance

Section 6 IPC (Definitions in the Code to be understood subject to exceptions) is now Section 3(1) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 6 to BNS 3(1)?

Section 6 IPC corresponds to Section 3(1) BNS. Section 3(1) BNS preserves the interpretive rule and both statutory illustrations, replacing this Code with this Sanhita. The General Exceptions to which the rule refers now sit in Chapter III of the Sanhita, comprising Section 14 to Section 44 BNS.

IPC 6 vs BNS 3(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section63(1)
OffenceDefinitions in the Code to be understood subject to exceptionsSame
PunishmentNone. Section 6 IPC creates no offence.None. Section 3(1) BNS creates no offence.
FineNone. Section 6 IPC creates no offence.None. Section 3(1) BNS creates no offence.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 6 and BNS 3(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 6, IPC 1860

6. Definitions in the Code to be understood subject to exceptions.—Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration. Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.
BNS 2023 (in force)

Section 3(1), BNS 2023

Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration. Illustrations. (a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

Ingredients: IPC 6 vs BNS 3(1)

Under IPC 6
  1. Applies across the Code to every definition of an offence, penal provision, and illustration
  2. Every such provision is understood subject to the exceptions in the Chapter entitled General Exceptions
  3. The exceptions qualify every penal provision even though not expressly repeated within it
Under BNS 3(1)
  1. Applies throughout the Sanhita to every definition of an offence, penal provision, and illustration
  2. Each provision is read subject to the exceptions in the Chapter entitled General Exceptions
  3. The General Exceptions apply across the Sanhita even where not repeated in the specific section

What IPC 6 to BNS 3(1) Means for Pending Cases

For Section 6 IPC (now Section 3(1) BNS): under Section 3(1) BNS, the fundamental principle that all penal definitions must be read subject to the General Exceptions remains unchanged. An accused asserting an exception for an act committed after the Sanhita came into force cites the relevant provision between Section 14 BNS and Section 44 BNS.

FAQs: IPC 6 to BNS 3(1)

What changed from Section 6 IPC in Section 3(1) BNS?▼

Section 3(1) BNS keeps the interpretive rule and both illustrations without substantive change, replacing this Code with this Sanhita. The General Exceptions now reside in Chapter III of the Sanhita, spanning Section 14 to Section 44 BNS.

Where does Section 6 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 3(1) BNS, in Chapter I, Preliminary, under the heading General explanations.

Does Section 6 IPC or Section 3(1) BNS apply to an act done before 1 July 2024?▼

Section 6 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 6 IPC. Section 3(1) 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 ·