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

Quick Summary: IPC 104 vs BNS 42

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 104 (Defense of Property (Not Death)) is now mapped to BNS Section 42.

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 relating to this offence in India 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, all new criminal complaints relating to defense of property (not death) are filed under BNS Section 42. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 42

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 42 instead of IPC 104.
• Police officers: Use BNS 42 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 104 ↔ BNS 42 mapping.