IPC 8 in BNS: Find the New Section and What Changed

What Changed From IPC 8 to BNS 2(10)?

Section 8 IPC corresponds to Section 2(10) BNS. Section 2(10) BNS expands the definition of gender by adding transgender persons to the clause, specifying that the pronoun he and its derivatives apply to any person, whether male, female or transgender. An Explanation explicitly incorporates the definition of transgender assigned in clause k of section 2 of the Transgender Persons (Protection of Rights) Act, 2019.

IPC 8 vs BNS 2(10): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	8	2(10)
Offence	Gender	Same
Punishment	None. Section 8 IPC creates no offence.	None. Section 2(10) BNS creates no offence.
Fine	None. Section 8 IPC creates no offence.	None. Section 2(10) BNS creates no offence.
Bail	Non-Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Non-Compoundable	Same

IPC 8 and BNS 2(10): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 8, IPC 1860

8. Gender.—The pronoun “he” and its derivatives are used of any person, whether male or female.

BNS 2023 (in force)

Section 2(10), BNS 2023

“gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender. Explanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);

Ingredients: IPC 8 vs BNS 2(10)

Under IPC 8

Use of the pronoun he and its grammatical derivatives
Application to any person, whether male or female

Under BNS 2(10)

Reference using the pronoun he and its grammatical derivatives
Application to any person, whether male, female or transgender
Adoption of the meaning of transgender from the Transgender Persons (Protection of Rights) Act, 2019

What IPC 8 to BNS 2(10) Means for Pending Cases

For Section 8 IPC (now Section 2(10) BNS): under Section 2(10) BNS, the pronoun he and its derivatives are used of any person, whether male, female or transgender. A provision of the Sanhita framed with the pronoun he applies to a transgender person as it does to a man or a woman.

FAQs: IPC 8 to BNS 2(10)

What changed from Section 8 IPC in Section 2(10) BNS?▼

Section 2(10) BNS adds transgender persons to the definition, providing that the pronoun he and its derivatives apply to any person, whether male, female or transgender. It also adds an Explanation adopting the definition from the Transgender Persons (Protection of Rights) Act, 2019.

Where does Section 8 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 2(10) BNS, in Chapter I, Preliminary, under the heading Definitions.

Does Section 8 IPC or Section 2(10) BNS apply to an act done before 1 July 2024?▼

Section 8 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 8 IPC. Section 2(10) BNS governs acts done on or after 1 July 2024.

IPC 8 to BNS 2(10): Gender

IPC 8 to BNS 2(10) at a Glance