IPC Section 81 (Necessity) under the old Indian Penal Code 1860 is now covered under Section 19 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.
Act likely to cause harm, but done without criminal intent, and to prevent other harm
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 81 (Necessity) is now mapped to BNS Section 19.
IPC 81 dealt with necessity — act likely to cause harm, but done without criminal intent, and to prevent other harm. 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.
Section number changed, principle same. From 1 July 2024, all new criminal complaints relating to necessity are filed under BNS Section 19. 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.
N/A - General Exception
IPC Section 81 (Necessity) is now covered under Section 19 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.
N/A - General Exception
Section number changed, principle same
No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024.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.
Authoritative commentary on the new criminal laws — essential for advocates & students.