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IPC 460 → BNS 334: Death/Hurt (Breaking Night)

IPC Section 460 (Death/Hurt (Breaking Night)) under the old Indian Penal Code 1860 is now covered under Section 334 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

460

Death/Hurt (Breaking Night)

All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

New Law — BNS 2023

334

Death/Hurt (Breaking Night)

Punishment / Liability
Same - Life or up to 10 years
Key Change / Note
Joint liability for night breaking

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Quick Summary: IPC 460 vs BNS 334

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 460 (Death/Hurt (Breaking Night)) is now mapped to BNS Section 334.

What did IPC 460 cover?

IPC 460 dealt with death/hurt (breaking night)all persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them. 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 334: What changed in the new law?

Joint liability for night breaking. From 1 July 2024, all new criminal complaints relating to death/hurt (breaking night) are filed under BNS Section 334. 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 334

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 334 instead of IPC 460.
  • Police officers: Use BNS 334 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 460 ↔ BNS 334 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 460?

IPC Section 460 (Death/Hurt (Breaking Night)) is now covered under Section 334 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 334?

Same - Life or up to 10 years

What is the key difference between IPC 460 and BNS 334?

Joint liability for night breaking

Is IPC 460 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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