IPC 406 → BNS 316: Criminal Breach of Trust

Quick Summary: IPC 406 vs BNS 316

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 406 (Criminal Breach of Trust) is now mapped to BNS Section 316.

What did IPC 406 cover?

IPC 406 dealt with criminal breach of trust — punishment for criminal breach of trust. 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 316: What changed in the new law?

Enhanced for public servants. From 1 July 2024, all new criminal complaints relating to criminal breach of trust are filed under BNS Section 316. 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 316

Same - Up to 3 years or fine or both

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 316 instead of IPC 406.
• Police officers: Use BNS 316 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 406 ↔ BNS 316 mapping.