IPC 104 → BNS 42: Defense of Property (Not Death)

Quick Summary: IPC 104 vs BNS 42

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 104 (Defense of Property (Not Death)) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Defense of Property (Not Death) now maps to BNS 42, and the position below reflects the current bare act.

What did IPC 104 cover?

IPC 104 dealt with defense of property (not death) — when such right extends to causing any harm other than death. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 42: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to defense of property (not death) are filed under BNS Section 42, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 42

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For defense of property (not death), cite the current provision BNS 42 rather than the repealed IPC 104 in all matters arising on or after 1 July 2024.
• Police officers: Register new defense of property (not death) FIRs under BNS 42; procedure follows the BNSS.
• Law students & citizens: Use the IPC 104 to BNS 42 mapping when checking your position on defense of property (not death) under the new law.