IPC Section 18 vs BNS Section 18 – Definition of India in Law
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 18
Definition of “India”
About IPC Section
Section 18 of the Indian Penal Code (IPC), 1860, defines the term “India.” It states that the word “India” means the territory of India excluding the State of Jammu and Kashmir.
This definition was added after the Constitution of India came into effect, as Jammu and Kashmir had special status under Article 370 of the Constitution. Therefore, for the purpose of IPC, “India” meant all of the Union, except Jammu and Kashmir, since that state had its own criminal law—the Ranbir Penal Code (RPC).
The section ensured clarity in the territorial application of IPC, making it clear that offences committed in Jammu and Kashmir would not fall under IPC but under the RPC. This special exclusion was necessary to respect the autonomy granted to Jammu and Kashmir under the Indian Constitution.
However, with the abrogation of Article 370 in August 2019, and the reorganization of Jammu and Kashmir into Union Territories, this provision became outdated. Today, IPC applies uniformly across India, including Jammu and Kashmir. Thus, while IPC 18 was contextually significant, it gradually lost relevance after constitutional changes in 2019.
Section: BNS 18
Definition of “India” under BNS
About BNS Section
Section 18 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines “India” in a modern and updated manner. It states that “India” means the territory of India as defined under Article 1 of the Constitution of India.
Unlike IPC 18, the BNS version does not exclude Jammu and Kashmir. Since the abrogation of Article 370 in 2019 and the full application of Indian laws to Jammu and Kashmir, there is no need for a separate reference or exclusion. Therefore, BNS 18 provides a uniform definition of India, applicable across the entire country, without exceptions.
This change is highly significant because it reflects the new constitutional reality of India as one integrated legal system. Now, offences committed anywhere in the territory of India—including Jammu and Kashmir and Ladakh—fall under the BNS.
By aligning the definition of “India” with the Constitution itself, BNS ensures consistency and eliminates outdated colonial-era or special-status references. It also simplifies interpretation by directly linking criminal law to the constitutional framework.
Thus, BNS 18 modernizes and unifies the meaning of “India,” ensuring full national applicability of the criminal law.