IPC 301 → BNS 102: Transferred Malice

Quick Summary: IPC 301 vs BNS 102

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 301 (Transferred Malice) is now mapped to BNS Section 102.

What did IPC 301 cover?

IPC 301 dealt with transferred malice — culpable homicide by causing death of person other than person whose death was intended. 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 102: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to transferred malice are filed under BNS Section 102. 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 102

Same

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 102 instead of IPC 301.
• Police officers: Use BNS 102 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 301 ↔ BNS 102 mapping.