IPC 409 → BNS 316(5): Breach of Trust (Public Servant)

Quick Summary: IPC 409 vs BNS 316(5)

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 409 (Breach of Trust (Public Servant)) is now mapped to BNS Section 316(5).

What did IPC 409 cover?

IPC 409 dealt with breach of trust (public servant) — criminal breach of trust by public servant, or by banker, merchant or agent. 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(5): What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to breach of trust (public servant) are filed under BNS Section 316(5). 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(5)

Same - Life or up to 10 years

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(5) instead of IPC 409.
• Police officers: Use BNS 316(5) 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 409 ↔ BNS 316(5) mapping.