Verified 2025 — BNS Bare Act

IPC 106 → BNS 44: Risk to Innocent

IPC Section 106 (Risk to Innocent) under the old Indian Penal Code 1860 is now covered under Section 44 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

106

Risk to Innocent

Right of private defense against deadly assault when there is risk of harm to innocent person

New Law — BNS 2023

44

Risk to Innocent

Punishment / Liability

N/A - General Exception

Key Change / Note

Section number changed, principle same

Facing a case under BNS 44?

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Quick Summary: IPC 106 vs BNS 44

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 106 (Risk to Innocent) is now mapped to BNS Section 44.

What did IPC 106 cover?

IPC 106 dealt with risk to innocent — right of private defense against deadly assault when there is risk of harm to innocent person. 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 44: What changed in the new law?

Section number changed, principle same. From 1 July 2024, all new criminal complaints relating to risk to innocent are filed under BNS Section 44. 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 44

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 44 instead of IPC 106.
Police officers: Use BNS 44 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 106 ↔ BNS 44 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 106?

IPC Section 106 (Risk to Innocent) is now covered under Section 44 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 44?

N/A - General Exception

What is the key difference between IPC 106 and BNS 44?

Section number changed, principle same

Is IPC 106 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.