IPC 38 → BNS 3(9): Different Offences

Quick Summary: IPC 38 vs BNS 3(9)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 38 (Different Offences) 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. Different Offences now maps to BNS 3(9), and the position below reflects the current bare act.

What did IPC 38 cover?

IPC 38 dealt with different offences — persons concerned in criminal act may be guilty of different offences. 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(9): What changed in the new law?

Allows different charges for same joint act based on intent. From 1 July 2024, new complaints relating to different offences are filed under BNS Section 3(9), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 3(9)

Same Liability

Practical implications for advocates, police & citizens

• Advocates: For different offences, cite the current provision BNS 3(9) rather than the repealed IPC 38 in all matters arising on or after 1 July 2024.
• Police officers: Register new different offences FIRs under BNS 3(9); procedure follows the BNSS.
• Law students & citizens: Use the IPC 38 to BNS 3(9) mapping when checking your position on different offences under the new law.