IPC 460 → BNS 331(8): Death/Hurt (Breaking Night)

Quick Summary: IPC 460 vs BNS 331(8)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 460 (Death/Hurt (Breaking Night)) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering death/hurt (breaking night) as BNS 331(8).

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 for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 331(8): What changed in the new law?

Joint liability for night breaking. From 1 July 2024, new complaints relating to death/hurt (breaking night) are filed under BNS Section 331(8), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 331(8)

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For death/hurt (breaking night), the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 331(8) mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new death/hurt (breaking night) FIR cites BNS 331(8).
• Law students & citizens: With death/hurt (breaking night), value, the manner of taking and any force used determine which property offence applies and how serious it is.