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IPC 36 → BNS 3(7): Partly Act/Omission

IPC Section 36 (Partly Act/Omission) under the old Indian Penal Code 1860 is now covered under Section 3(7) of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

36

Partly Act/Omission

Effect caused partly by act and partly by omission

New Law — BNS 2023

3(7)

Partly Act/Omission

Punishment / Liability
Same Liability
Key Change / Note
Moved to Section 3

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What changed for IPC 36?

IPC 36 (Partly Act/Omission) — effect caused partly by act and partly by omission — now maps to BNS Section 3(7). Key change: Moved to Section 3. Punishment under BNS 3(7): Same Liability.

Quick Summary: IPC 36 vs BNS 3(7)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 36 (Partly Act/Omission) 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. Partly Act/Omission now maps to BNS 3(7), and the position below reflects the current bare act.

What did IPC 36 cover?

IPC 36 dealt with partly act/omissioneffect caused partly by act and partly by omission. 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 3(7): What changed in the new law?

Moved to Section 3. From 1 July 2024, new complaints relating to partly act/omission are filed under BNS Section 3(7), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 3(7)

Same Liability

Practical implications for advocates, police & citizens

  • Advocates: For partly act/omission, cite the current provision BNS 3(7) rather than the repealed IPC 36 in all matters arising on or after 1 July 2024.
  • Police officers: Register new partly act/omission FIRs under BNS 3(7); procedure follows the BNSS.
  • Law students & citizens: Use the IPC 36 to BNS 3(7) mapping when checking your position on partly act/omission under the new law.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 36?

IPC Section 36 (Partly Act/Omission) is now covered under Section 3(7) of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 3(7)?

Same Liability

What is the key difference between IPC 36 and BNS 3(7)?

Moved to Section 3

Is IPC 36 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The partly act/omission offence earlier in IPC 36 is now governed by BNS 3(7) — pending IPC 36 cases continue, but new FIRs cite BNS 3(7).

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