IPC 21 → BNS 2(28): Public Servant

Quick Summary: IPC 21 vs BNS 2(28)

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 21 (Public Servant) is now mapped to BNS Section 2(28).

What did IPC 21 cover?

IPC 21 dealt with public servant — definition of public servant. 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 2(28): What changed in the new law?

Definition modernized. From 1 July 2024, all new criminal complaints relating to public servant are filed under BNS Section 2(28). 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 2(28)

N/A - Definition

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 2(28) instead of IPC 21.
• Police officers: Use BNS 2(28) 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 21 ↔ BNS 2(28) mapping.