Verified 2025 — BNS Bare Act

IPC 106 → BNS 44: Risk to Innocent

IPC Section 106 (Risk to Innocent) under the old Indian Penal Code 1860 is now covered under Section 44 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

106

Risk to Innocent

Right of private defense against deadly assault when there is risk of harm to innocent person

New Law — BNS 2023

44

Risk to Innocent

Punishment / Liability

N/A - General Exception

Key Change / Note

Section number changed, principle same

Facing a case under BNS 44?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 44.

What changed for IPC 106?

IPC 106 (Risk to Innocent) — right of private defense against deadly assault when there is risk of harm to innocent person — now maps to BNS Section 44. Key change: Section number changed, principle same. Punishment under BNS 44: N/A - General Exception.

Quick Summary: IPC 106 vs BNS 44

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 106 (Risk to Innocent) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Risk to Innocent now maps to BNS 44, and the position below reflects the current bare act.

What did IPC 106 cover?

IPC 106 dealt with risk to innocent — right of private defense against deadly assault when there is risk of harm to innocent person. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 44: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to risk to innocent are filed under BNS Section 44, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 44

N/A - General Exception

Practical implications for advocates, police & citizens

Advocates: For risk to innocent, cite the current provision BNS 44 rather than the repealed IPC 106 in all matters arising on or after 1 July 2024.
Police officers: Register new risk to innocent FIRs under BNS 44; procedure follows the BNSS.
Law students & citizens: Use the IPC 106 to BNS 44 mapping when checking your position on risk to innocent under the new law.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 106?

IPC Section 106 (Risk to Innocent) is now covered under Section 44 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 44?

N/A - General Exception

What is the key difference between IPC 106 and BNS 44?

Section number changed, principle same

Is IPC 106 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The risk to innocent offence earlier in IPC 106 is now governed by BNS 44 — pending IPC 106 cases continue, but new FIRs cite BNS 44.