IPC 4 vs BNS 4
● Modified in BNSIndian Penal Code, 1860
Section 4 of the Indian Penal Code (IPC), 1860 extends the application of the IPC to extra-territorial offences. It states that the provisions of IPC shall apply to:
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Any offence committed by a citizen of India anywhere outside India.
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Any offence committed on a ship or aircraft registered in India, wherever it may be.
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Any person committing an offence targeting a computer resource located in India (added later through amendments, particularly with the rise of cybercrime).
This provision is significant because it ensures that Indian citizens remain accountable to Indian law even if they are outside India. For example, if an Indian citizen commits murder in a foreign country, they can still be tried under IPC when brought to India.
Similarly, crimes committed on Indian ships and aircraft are covered under IPC regardless of their physical location. The inclusion of cybercrime jurisdiction reflects the adaptation of IPC to modern technological realities.
Thus, IPC Section 4 establishes extra-territorial jurisdiction with specific clarity, making Indian criminal law applicable in global contexts where India’s sovereignty or interests are involved.
Bharatiya Nyaya Sanhita, 2023
Section 4 of the Bharatiya Nyaya Sanhita (BNS), 2023 continues the scope of IPC Section 4 with refined clarity and modern language. It provides that the BNS shall apply to:
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Any offence committed by a citizen of India outside India.
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Any offence committed on a ship or aircraft registered in India, irrespective of location.
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Any offence committed by a person against a computer resource or network located in India.
The BNS retains the extra-territorial jurisdiction principle, ensuring that Indian criminal law has global reach when Indian citizens, Indian-registered vessels, or Indian digital systems are involved.
The shift from IPC to BNS primarily updates the language to be more precise and free from colonial legal expressions. By including cybercrimes explicitly, BNS Section 4 emphasizes the importance of digital security in today’s interconnected world.
In essence, BNS Section 4 mirrors IPC Section 4 but presents a modernized legal foundation that aligns with India’s current national and international obligations. It ensures continuity with an updated legal identity, showing that India’s criminal law is prepared to deal with global and technological challenges.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.