Why IPC-Based Citations Are Risky in 2024 Drafts

For decades, criminal drafting in India revolved around the familiar language of the Indian Penal Code, 1860 (IPC). Every lawyer knew the rhythm—“302, 376, 420, 406”—and entire generations of precedents were built on those numbers.

But 2024 has changed the landscape.

With the enforcement of the Bharatiya Nyaya Sanhita, 2023 (BNS), IPC is no longer the operative penal statute. Yet thousands of drafts—bail applications, complaints, revisions, opinions—are still being filed with pure IPC citations.

What earlier looked normal now carries real legal risk.

1. IPC Is No Longer the Law in Force The most fundamental problem is simple:

Courts decide cases under the law currently in force.

When a draft relies solely on IPC sections, it creates an immediate question:

“On what legal basis is this relief being sought today?”

Judges cannot comfortably pass orders on provisions that stand replaced. Even if the facts relate to an older period, procedural steps in 2024 must reflect BNS awareness.

An IPC-only citation signals that the draft has not engaged with the current statute.

1. Ingredients of Offences Have Changed BNS is not a mechanical renumbering of IPC. Many offences have:

modified wording

restructured ingredients

merged provisions

altered punishments

Relying on IPC descriptions can therefore lead to wrong legal assumptions.

A charge that looked perfect under IPC may require additional elements under BNS. If the draft does not reflect this, the entire legal reasoning becomes vulnerable.

1. Registry & Court Objections Are Increasing Across magistrate and sessions courts, a new pattern is visible:

Registry raising defects for IPC-only references

Judges asking for BNSS/BNS correlation

Matters being adjourned for “correction”

Opposite counsel objecting to maintainability

What used to be a minor technicality has become a procedural hurdle.

1. Credibility Risk for Lawyers In 2024 practice, an IPC-only draft silently communicates:

reliance on old templates

lack of update on new criminal laws

minimal preparation

For young advocates especially, this can affect:

first impressions before the bench

seniors’ confidence

client trust

Accuracy has become part of professional image.

1. Bail & Remand Become Uncertain Bail hearings are the most sensitive to citation errors.

If a lawyer argues only through IPC:

the court may seek BNSS/BNS provision

prosecution may object

urgency of relief gets diluted

A few minutes of citation mismatch can cost days of liberty.

1. Appeals & Revisions Face Technical Challenges Higher courts examine:

correct statutory foundation

applicable punishment

scope of offence under present law

An appeal drafted in IPC language alone can be portrayed as:

legally outdated

insufficiently researched

technically defective

1. Transitional Cases Need Special Care Many ongoing matters involve:

FIR under IPC

trial orders under CrPC

hearings after BNS/BNSS enforcement

These require balanced drafting, such as:

“Offence under Section ___ BNS, 2023 (corresponding to Section ___ IPC, 1860).”

Pure IPC citations ignore this transitional reality.

1. Why Old Habits Persist IPC drafts continue because of:

decades-old templates

memory of section numbers

copied precedents

lack of quick conversion tools

But habit is not a legal defence.

1. The Safer Approach in 2024+ Every criminal draft should now follow three rules:

Primary reference must be BNS

IPC may appear only as historical context

Mapping should be clearly mentioned

This protects the draft from objections.

1. Role of IPC to BNS Converters An IPC → BNS converter removes the guesswork by:

instantly showing the correct BNS section

highlighting structural changes

helping update old drafts

ensuring court-ready citations

Tools like VakilMitraAI are built precisely for this transition phase, helping lawyers move from IPC habit to BNS compliance without losing speed.

Practical Checklist Before Filing
Before submitting any criminal document in 2024+, ask:

Have I cited BNS as the main statute?

Is any IPC section left without mapping?

Are ingredients checked under BNS text?

Is punishment quoted from BNS schedule?

If the answer is no, the draft is risky.

Final Word
IPC-based citations were safe for 160 years.
In 2024, they are not.

The risk is no longer theoretical:

objections are real

delays are real

credibility impact is real

Criminal drafting has entered a new era where statutory accuracy equals advocacy strength.

The smart practice is simple:

Convert → Verify → Then Cite.​​​​​​​Feel free to refer to our IPC to BNS Converter