IPC 168 → BNS 202: Illegal Trade

Quick Summary: IPC 168 vs BNS 202

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 168 (Illegal Trade) belongs to the IPC's offences relating to public servants and lawful authority — conduct by or against public servants, election offences and contempt of official authority. The corruption-type provisions sit alongside the Prevention of Corruption Act, and the BNS renumbers the residual offence covering illegal trade as BNS 202.

What did IPC 168 cover?

IPC 168 dealt with illegal trade — public servant unlawfully engaging in trade. 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 202: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to illegal trade are filed under BNS Section 202, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 202

Same - Up to 1 year

Practical implications for advocates, police & citizens

• Advocates: For illegal trade, check whether the conduct is prosecuted under BNS 202 or a special statute, and whether prior sanction is required.
• Police officers: Identify the precise duty obstructed or benefit obtained in the illegal trade matter and cite BNS 202 in the new FIR.
• Law students & citizens: Giving or taking illegal gratification, impersonating an official, or obstructing public duty — the kind of conduct behind illegal trade — all fall in this group.