IPC 90 → BNS 28: Invalid Consent

Quick Summary: IPC 90 vs BNS 28

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 90 (Invalid Consent) is now mapped to BNS Section 28.

What did IPC 90 cover?

IPC 90 dealt with invalid consent — consent known to be given under fear or misconception. 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 28: What changed in the new law?

Clarifies what constitutes valid consent. From 1 July 2024, all new criminal complaints relating to invalid consent are filed under BNS Section 28. 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 28

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 28 instead of IPC 90.
• Police officers: Use BNS 28 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 90 ↔ BNS 28 mapping.