IPC 2 vs BNS 2
● Modified in BNSIndian Penal Code, 1860
Section 2 of the Indian Penal Code (IPC), 1860 defines the scope of punishment for offences committed within India. It states:
"Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India."
This section ensures that any person—whether citizen or foreigner—who commits a crime within Indian territory will be punished under IPC, and not under any other criminal law, unless specifically provided. The phrase “within India” highlights the territorial jurisdiction of the Code.
The importance of Section 2 lies in establishing the universality of criminal law within Indian boundaries. No matter what nationality a person belongs to, if they commit an offence in India, they will face trial and punishment under IPC. For example, if a foreign tourist commits theft in India, they cannot claim exemption from Indian laws.
Thus, IPC Section 2 laid the foundation of territorial criminal jurisdiction and uniform application of criminal law across India. It reflects the principle of equality before law in criminal justice.
Bharatiya Nyaya Sanhita, 2023
Section 2 of the Bharatiya Nyaya Sanhita (BNS), 2023 corresponds to Section 2 of the IPC, dealing with punishment of offences committed within India. It states that every person shall be liable to punishment under this Sanhita for every act or omission contrary to its provisions committed within India.
The wording is almost identical to IPC Section 2, but with the updated title "Bharatiya Nyaya Sanhita" instead of "Indian Penal Code." It retains the principle that criminal jurisdiction in India applies equally to everyone, regardless of nationality, religion, caste, or background.
This section ensures that the territorial application of criminal law remains uniform and binding. Just like the IPC, BNS Section 2 makes it clear that offences committed within India will be prosecuted under BNS alone, ensuring legal certainty and fairness.
The importance of Section 2 of BNS lies in maintaining continuity with clarity, so there is no legal vacuum during the transition from IPC to BNS. It strengthens the same core principle of criminal law—accountability within Indian territory—while presenting it under a modernized and decolonized framework.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.