IPC → BNS Sections in Forensic Medicine — Hurt, Murder, Rape, Dowry Death, Negligence, Inquest

Three new laws, published in the Gazette of India on 25 December 2023, replaced the colonial-era codes. The Central Government appointed 1 July 2024 as the date each came into force.

Hurt (BNS 114, old IPC 319): causing bodily pain, disease or infirmity to any person. Voluntarily causing hurt is punishable under BNS 115(2) (old IPC 323) with imprisonment up to one year, or fine, or both.

1. Emasculation.
2. Permanent privation of the sight of either eye.
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone or tooth.
8. Any hurt which endangers life or which causes the sufferer to be, during the space of fifteen days, in severe bodily pain or unable to follow his ordinary pursuits.

• BNS 117(2) (old IPC 325): voluntarily causing grievous hurt — up to 7 years and fine.
• BNS 117(3) (new): grievous hurt that leaves the victim with permanent disability or in a persistent vegetative state — rigorous imprisonment of not less than 10 years, up to life.
• BNS 117(4) (new): grievous hurt by a group of five or more on grounds such as race, caste, sex or language.
• BNS 124 (old IPC 326A/326B): grievous hurt by acid and throwing or attempting to throw acid.

For the injuries themselves, see Mechanical Injuries — Abrasion, Contusion, Laceration and Thermal Injuries.

BNS 106(1) (old IPC 304A) punishes causing death by a rash or negligent act not amounting to culpable homicide — up to 5 years and fine. It adds a doctor-specific clause: if the act is done by a registered medical practitioner while performing a medical procedure, the punishment is imprisonment up to 2 years and fine.

A registered medical practitioner here means one holding a qualification recognised under the National Medical Commission Act, 2019 and enrolled in the National or a State Medical Register.

• Rape — BNS 63 (old IPC 375). Exception 1: a medical procedure or intervention shall not constitute rape. Exception 2: sexual acts by a man with his own wife, the wife not being under 18, are not rape. Under 18, consent is irrelevant.
• Punishment for rape — BNS 64 (old IPC 376): rigorous imprisonment not less than 10 years, up to life, and fine; BNS 65 covers rape of a woman under 16 and under 12.
• Dowry death — BNS 80 (old IPC 304B): death of a woman by burns or bodily injury, or otherwise than under normal circumstances, within 7 years of marriage, when she was subjected soon before her death to cruelty or harassment for dowry. Punishment not less than 7 years, up to life.
• Cruelty by husband or relatives — BNS 85, cruelty defined in BNS 86 (both from old IPC 498A).
• Causing miscarriage — BNS 88 (old IPC 312).

For the autopsy findings that go with these cases, see Asphyxial Deaths, Postmortem Changes and PCPNDT Act for sex-selection law.

• BNSS 194(3): the police officer must forward the body for examination when a woman commits suicide or dies in suspicious circumstances within 7 years of marriage, when a relative of such a woman requests it, when there is any doubt about the cause of death, or when the officer thinks it expedient.
• BNSS 194(4): inquests may be held by District Magistrates, Sub-divisional Magistrates and other Executive Magistrates specially empowered.

Under BSA 26(a), a statement made by a person as to the cause of his death, or the circumstances of the transaction that resulted in it, is relevant whenever the cause of that person's death comes into question. BSA 39 makes the opinions of persons specially skilled in science or art — including doctors — relevant facts.

1. Grievous hurt: 15 days under BNS 116 (20 days under IPC 320).
2. Medical negligence causing death: BNS 106(1) — up to 2 years for a registered medical practitioner, up to 5 years for others.
3. Police inquest is BNSS 194 (CrPC 174); magistrate's inquest is BNSS 196 (CrPC 176).
4. Dying declaration is BSA 26 (Evidence Act 32).
5. Dowry death BNS 80 (IPC 304B); cruelty BNS 85/86 (IPC 498A).
6. A medical procedure is not rape — BNS 63 Exception 1.
7. If a question names IPC, CrPC or Evidence Act sections, answer with the old numbers; if it names BNS, BNSS or BSA, use the new.