Sections 126 to 156

Comparative analysis of Bhartiya Nyay Sanhita and Indian

Penal Code, 1860
Recently in the monsoon session of the parliament, our Hon’ble home minister,
Mr. Amit Shah introduced three bills which would respectively amend Indian Penal
Code, Criminal Procedure Code, and Indian Evidence Act. The objective of bringing
in the this reform is to do away with the existing criminal laws which were made
by the Britishers.
In this write up we will be discussing amendments being made sections 126 to
156 of Bhartiya Nyay Sanhita.

Section 126 of Bhartiya Nyay Sanhita

Section 126 of the new legislation provides for force. It states what actions of an individual
constitute a force.
Provision under Bhartiya Nyay Sanhita
According to S.126 of Bhartiya Nyay Sanhita, A person is said to have used force against another
if he causes to a person or to a substance which he is carrying or wearing:

 Motion
 Change of motion
 Cessation of motion
Whilst such motion brings that substance in contact with a person, and such motion either to
the person or to the substance inflicts a change in the feeling of person so targeted.
The proviso to the section states that the change in motion shall be caused through any of the
mentioned means, in order to constitute use of force:

 by one’s own bodily power

 disposing a substance in such manner that no further action is required from the person
so causing change
 provoking an animal to move
Provision Under Indian Penal Code
According to S.126 of Bhartiya Nyay Sanhita, A person is said to have used force against another
if he causes to a person or to a substance which he is carrying or wearing
  Motion
 Change of motion
 Cessation of motion
Whilst such motion brings that substance in contact with a person, and such motion either to
the person or to the substance inflicts a change in the feeling of person so targeted.
The proviso to the section states that the change in motion shall be caused through any of the
mentioned means, in order to constitute use of force:

 by one’s own bodily power

 disposing a substance in such manner that no further action is required from the person
so causing change
 provoking an animal to move
Comparative Analysis
In the new statute, the words:
“following three ways, namely ” have been added in the proviso to the section. The new addition
introduces clarification to the methods through which a force can be said to be used.
Also, in Indian Penal Code the section was numbered as S.349, but in new statute, it is
numbered at S.126.
Future Scope

Section 127 of Bhartiya Nyay Sanhita

Section 127 talks about criminal force [350]. When a person intentionally inflicts a harm on the
other person, and causes injury to him, he is said to commit a criminal force.
Provision under Bhartiya Nyay Sanhita
When a person intentionally or with a knowledge uses force against any person without that
person’s consent to inflict:

 an injury
 fear
 annoyance
that person is said to have committed criminal force against another.
Provision Under Indian Penal Code
When a person intentionally or with a knowledge uses force against any person without that
person’s consent to inflict:
  an injury
 fear
 annoyance
that person is said to have committed criminal force against another.
Comparative Analysis
No substantive change has been introduced in the section. However, old ipc the section was
numbered at S.350 and in new ipc it has been numbered at S.127.
Future Scope
128. Whoever makes any gesture, or any preparation intending or knowing it to be likely that such
gesture or preparation will cause any person present to apprehend that he who makes that gesture or
preparation is about to use criminal force to that person, is said to commit an assault

Section 128 of Bhartiya Nyay Sanhita

Section 128 of new ipc defines the act of assault. It states that physical gestures apprehending
fear in the mind of the victim constitute an assault.
Provision under Bhartiya Nyay Sanhita
When a person makes gesture or a preparation with an intention or knowledge that such
gesture or preparation will cuase an anticipation in the mind of the victim, such an act is said to
be an assault.
Provision Under Indian Penal Code
When a person makes gesture or a preparation with an intention or knowledge that such
gesture or preparation will cuase an anticipation in the mind of the victim, such an act is said to
be an assault.
Comparative Analysis
No substantive change has been introduced in the section. However, old ipc the section was
numbered at S.351 and in new ipc it has been numbered at S.128.
Future Scope

Section 129 of Bhartiya Nyay Sanhita 352

Section 129 provides for punishment for committing criminal force or assault to a person
excepting the situation whereon such harm is caused under grave and sudden provocation.
Provision under Bhartiya Nyay Sanhita
When a person uses criminal force or causes assault to the other person except when such a
harm is inflicted in circumstances when such provocation is comes from that person, the person
so inflicting maybe punished with imprisonment of either description for a maximum of 3
months or fine of upto 1000 rupees or if the case requires, both can be inflicted.
Provision Under Indian Penal Code
When a person uses criminal force or causes assault to the other person except when such a
harm is inflicted in circumstances when such provocation is comes from that person, the person
so inflicting maybe punished with imprisonment of either description for a maximum of 3
months or fine of upto 00 rupees or if the case requires, both can be inflicted
Comparative Analysis
The amount of fine to be imposed on accused has been increased in new legislation from
rupees 500 to 1000 rupees. Also, in old ipc the secion was numbered as S.352, whereas in new
ipc it is renumbered at S.129
Future Scope

Section 130 of Bhartiya Nyay Sanhita 353

Setion 130 describes the punishment to be inflicted on the person who is guilty of commiting
assault or criminal force.
Provision under Bhartiya Nyay Sanhita
Anyone who assaults or uses criminal force against a public servant while that person is
performing their official duties, with the intent to prevent or discourage that person from
performing their official duties, or as a result of anything that person has done or attempted to
do while performing their official duties in accordance with the law, will be punished with either
type of imprisonment for a term that may be up to two years, or with a fine, or both.
Provision Under Indian Penal Code
Anyone who assaults or uses criminal force against a public servant while that person is
performing their official duties, with the intent to prevent or discourage that person from
performing their official duties, or as a result of anything that person has done or attempted to
do while performing their official duties in accordance with the law, will be punished with either
type of imprisonment for a term that may be up to two years, or with a fine, or both.
Comparative Analysis
No substantive change has been introduced in the section. However, old ipc the section was
numbered at S.353 and in new ipc it has been numbered at S.130.
Future Scope
. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person,
otherwise than on grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both

Section 131 of Bhartiya Nyay Sanhita355

In a case where a person commits assault or criminal force with the intent to dishonour the
victim, section 131 describes the punishment for such an act.
Provision under Bhartiya Nyay Sanhita
Without a grave and sudden provocation from a person, anyone who assaults or uses criminal
force against another person with the intent to defame them is punishable by imprisonment of
either kind for a time up to two years, by fine, or by both.
Provision Under Indian Penal Code
Without a grave and sudden provocation from a person, anyone who assaults or uses criminal
force against another person with the intent to defame them is punishable by imprisonment of
either kind for a time up to two years, by fine, or by both.
Comparative Analysis
No substantive change has been introduced in the section. However, old ipc the section was
numbered at S.355 and in new ipc it has been numbered at S.131.
Future Scope
2. Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

Section 132 of Bhartiya Nyay Sanhita

Section 132 of Bhartiya nyay Sanhita states the punishment in case when a person with an intention to
attempt to commit to theft on any person or property.

Provision under Bhartiya Nyay Sanhita

Anyone who assaults or uses unlawful force against another person in an effort to steal
something that person is wearing or carrying at the time will be penalised with either type of
imprisonment for a term that may go up to two years, a fine, or a combination of the two.
Provision Under Indian Penal Code
Anyone who assaults or uses unlawful force against another person in an effort to steal
something that person is wearing or carrying at the time will be penalised with either type of
imprisonment for a term that may go up to two years, a fine, or a combination of the two.
Comparative Analysis
No substantive change has been introduced in the section. However, in old ipc the section was
numbered at S.356 and in new ipc it has been numbered at S.132.
Future Scope
Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to five thousand rupees, or with both.

Section 133 of Bhartiya Nyay Sanhita 357

Section 133 provides punishment in the cases where a person uses criminal force or assault to
confine the other person.
Provision under Bhartiya Nyay Sanhita
Any individual who assaults another person or uses unlawful force against them in an effort to
detain them illegally faces a possible sentence of one year in prison, a fine of up to 5,000
rupees, or a combination of the two.
Provision Under Indian Penal Code
Any individual who assaults another person or uses unlawful force against them in an effort to
detain them illegally faces a possible sentence of one year in prison, a fine of up to 1,000
rupees, or a combination of the two.
Comparative Analysis
No conceptual change has been bought by the new provision, yet the amount of infliction of
fine has been increased from rupees 1000 to rupees 5000.
Future Scope
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that
person, shall be punished with simple imprisonment for a term which may extend to one month, or with
fine which may extend to one thousand rupees, or with both. Explanation.—This section is subject to the
same Explanation as section 129

Section 134 of Bhartiya Nyay Sanhita 358

S.134 of Bhartiya Nyay Sanhita states the punishment for a situation when a person inflicts
criminal force upon any person on grave and sudden provocation given by the person on whom
such threat is inflicted.
Provision under Bhartiya Nyay Sanhita

Provision Under Indian Penal Code

Comparative Analysis

Future Scope

Section 135 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 136 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 137 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 138 of Bhartiya Nyay Sanhita 364

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 139 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 140 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 141 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 142 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 143 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 144 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 145 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 146 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 147 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 148 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 149 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 150 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 151 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 152 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 153 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 154 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 155 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope

Section 156 of Bhartiya Nyay Sanhita

Provision under Bhartiya Nyay Sanhita
Provision Under Indian Penal Code
Comparative Analysis
Future Scope