Updated: August 2026 | Reading Time: 9 minutes

Introduction

Understanding cyber crime BNS sections is essential for legal professionals, law enforcement officers, and cybersecurity experts in India. With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC) effective 1 July 2024, the legal framework for prosecuting cyber crimes has undergone a significant transformation.

Cyber crimes in India are now addressed under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023 and the Information Technology Act, 2000. This guide provides a comprehensive mapping of former IPC sections to their corresponding cyber crime BNS sections, ensuring legal professionals can navigate the new criminal code with confidence.

Authored by Adv. Shoeb Hakim—a criminal defence, AML, digital forensics, and cybercrime specialist with decades of experience training police and judiciary—this comprehensive guide examines the key cyber crime BNS sections that replaced the IPC provisions for cyber offences.

Overview: IPC to BNS Transition for Cyber Crimes

The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code (IPC), 1860, effective 1 July 2024. While the BNS retains many of the substantive offences from the IPC, the section numbers have changed. For cyber crime prosecutions, it is critical to refer to the correct cyber crime BNS sections when filing charges or defending cases.

The following table maps the key IPC sections previously used for cyber crimes to their corresponding cyber crime BNS sections:

Key Cyber Crime BNS Sections: IPC to BNS Mapping

Detailed Analysis of Cyber Crime BNS Sections

1. Theft — Section 303 BNS (formerly IPC Section 378)

Offence: Theft is defined in Section 303 of the BNS, 2023 (formerly Section 378 IPC): whoever, intending to take dishonestly any movable thing out of the possession of any person without that person’s consent, moves that thing in order to such taking, is said to commit theft.[reference:12]

Cyber Crime Application: This section can be applied to the theft of data, as data is considered movable property. The essence of the offence remains unchanged under the cyber crime BNS sections.

Punishment: Imprisonment up to 3 years, or fine, or both.[reference:13]

2. Cheating — Section 318 BNS (formerly IPC Section 420)

Offence: IPC Section 420 has been replaced by Section 318(4) of the BNS, 2023.[reference:14] All forms of cheating under IPC Sections 417, 418, and 420 have been clubbed into a single provision—Section 318 of the BNS.[reference:15]

Cyber Crime Application: This section is often used in cases of online fraud, phishing, and other forms of cyber cheating. The offence remains cognizable and non-bailable.[reference:16]

Punishment: Imprisonment up to 7 years and fine.[reference:17]

3. Forgery — Section 336 BNS (formerly IPC Sections 463, 468, 469)

The BNS has consolidated various forgery offences under a single section with sub-sections:

Section 336(1) — General Forgery (formerly IPC Section 463)

Offence: Forgery is defined in Section 336 of the BNS, 2023 (formerly Section 463 IPC). Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, commits forgery.[reference:18]

Cyber Crime Application: Creation of false electronic records or documents. Electronic records and digital signatures are now explicitly covered under BNS.[reference:19]

Punishment: Imprisonment up to 2 years, or fine, or both.[reference:20]

Section 336(3) — Forgery for Purpose of Cheating (formerly IPC Section 468)

Offence: Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished.[reference:21]

Cyber Crime Application: Creation of forged financial statements, fake title deeds, or any forged electronic document with intent to cheat. This section covers the creation of fake digital documents for fraudulent purposes.[reference:22]

Punishment: Imprisonment up to 7 years and fine.[reference:23]

Section 336(4) — Forgery for Purpose of Harming Reputation (formerly IPC Section 469)

Offence: Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any person, shall be punished.[reference:24]

Cyber Crime Application: Cyber defamation, creating fake documents to harm someone’s reputation online.

Punishment: Imprisonment up to 3 years and fine.[reference:25]

4. Defamation — Section 356 BNS (formerly IPC Sections 499-500)

Offence: Criminal defamation is now governed by Section 356 of the BNS, which replaces Sections 499-500 of the IPC.[reference:26] The definition remains largely the same, and the provision has been retained under the new code.[reference:27]

Cyber Crime Application: Online defamation, social media defamation, and cyber libel fall under this section.

Punishment: Simple imprisonment up to 2 years, or fine, or both, or community service.[reference:28][reference:29]

5. Insult to Modesty of a Woman — Section 79 BNS (formerly IPC Section 509)

Offence: Section 79 of the BNS states that whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, shall be punished.[reference:30]

Cyber Crime Application: This section is relevant in cases of cyberstalking, online harassment, and sending obscene or insulting messages to women. It applies to electronic communications and social media interactions.[reference:31]

Punishment: Simple imprisonment up to 3 years.[reference:32]

Cyber Crime BNS Sections: Summary Table

Information Technology Act, 2000: Complementary Cyber Crime Provisions

While the cyber crime BNS sections address traditional offences in the digital context, the Information Technology Act, 2000 provides specific provisions for cyber crimes:

• Section 43: Civil liability for unauthorised access to computer systems, data theft, introducing viruses, and causing damage to computer systems or data.
• Section 66: Computer-related offences—if any person dishonestly or fraudulently does any act referred to in Section 43, they shall be punishable with imprisonment up to 3 years and/or fine up to ₹5,00,000.
• Section 66B: Receiving stolen computer resource or communication device—imprisonment up to 3 years and/or fine.
• Section 66C: Identity theft—fraudulent or dishonest use of electronic signature, password, or other unique identification feature—imprisonment up to 3 years and/or fine up to ₹1,00,000.
• Section 66D: Cheating by personation using computer resource—imprisonment up to 3 years and/or fine.
• Section 67: Publishing or transmitting obscene material in electronic form.
• Section 67A: Publishing or transmitting material containing sexually explicit act in electronic form.
• Section 70: Protected systems—unauthorised access attracts imprisonment up to 10 years.

Important Note: Transition Period

The Bharatiya Nyaya Sanhita (BNS), 2023 came into effect on 1 July 2024. All offences committed after this date must be prosecuted under the corresponding cyber crime BNS sections. Offences committed before this date continue to be prosecuted under the IPC.

Legal professionals, law enforcement officers, and cybersecurity experts must be familiar with both the IPC and BNS section numbers to ensure proper legal proceedings. The mapping provided in this guide serves as a reference for understanding the cyber crime BNS sections that replaced the IPC provisions.

Conclusion

The transition from the IPC to the BNS represents a significant shift in India’s criminal law framework. For cyber crimes, the key cyber crime BNS sections—including Section 303 (theft), Section 318 (cheating), Section 336 (forgery), Section 356 (defamation), and Section 79 (insult to modesty)—provide the legal basis for prosecuting digital offences.

Understanding these cyber crime BNS sections is essential for legal professionals, law enforcement officers, and anyone involved in cybersecurity or digital investigations. By staying current with the new criminal code, professionals can ensure proper compliance and effective prosecution of cyber crimes in India.

Frequently Asked Questions

Q1: What is the BNS and when did it come into effect?

The Bharatiya Nyaya Sanhita (BNS), 2023, is India’s new criminal code that replaced the Indian Penal Code (IPC), 1860. It came into effect on 1 July 2024.

Q2: Which BNS section replaced IPC Section 420 (cheating)?

IPC Section 420 has been replaced by Section 318(4) of the BNS. All forms of cheating under IPC Sections 417, 418, and 420 have been clubbed into Section 318.

Q3: Which BNS section covers forgery for cheating?

Forgery for the purpose of cheating, previously covered under IPC Section 468, is now covered under Section 336(3) of the BNS. The punishment is imprisonment up to 7 years.

Q4: Which BNS section deals with online defamation?

Online defamation, previously covered under IPC Sections 499-500, is now covered under Section 356 of the BNS. The punishment is simple imprisonment up to 2 years, or fine, or both, or community service.

Q5: Which BNS section addresses cyberstalking and harassment of women?

Cyberstalking and online harassment of women, previously covered under IPC Section 509, is now covered under Section 79 of the BNS. The punishment is simple imprisonment up to 3 years.

Q6: Does the BNS cover electronic records and digital documents?

Yes. The BNS explicitly covers electronic records and digital signatures under various sections, including Section 336 (forgery) which now includes false electronic records and digital signatures.

Q7: What is the punishment for data theft under the BNS?

Data theft, previously covered under IPC Section 378, is now covered under Section 303 of the BNS. The punishment is imprisonment up to 3 years, or fine, or both.

Q8: What happens to offences committed before 1 July 2024?

Offences committed before 1 July 2024 continue to be prosecuted under the Indian Penal Code (IPC). Only offences committed after this date are prosecuted under the corresponding BNS sections.

📚 Related Legal Guides on Adv. Shoeb Hakim’s Website:

• Section 66C IT Act Identity Theft 2026: Penalties & Legal Analysis
• Global Cybercrime Laws Comparison 2026: US, UK, EU, India & More
• Compliance Officer in a Stock Broking Company: Duties & 2026 Guide
• Compliance Department Roles and Responsibilities: 2026 Guide
• Become a Cybercrime Investigator 2026: Career Guide & Roadmap

📌 Explore More on Adv. Shoeb Hakim’s Website:

• Read More Articles on the Blog
• Book a Consultation with Adv. Shoeb Hakim
• Contact Adv. Shoeb Hakim
• Careers & Opportunities

By Adv. Shoeb Hakim
Criminal defence, AML, digital forensics, and cybercrime specialist; former General Counsel, Credit Suisse; training police and judiciary since 1995.

📌 Connect: https://www.linkedin.com/in/shoebhakim | https://shoebhakim.com/shoeb-hakim-blog/
📌 Visit my website for more articles: https://www.shoebhakim.com
📌 Visit my website for legal knowledge: https://www.vakilverse.com
📌 Visit my website for research fellowship: https://www.legalcomplaince.in

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel for advice on their specific circumstances.

Additional Page Metadata

• Author: Adv. Shoeb Hakim
• Author Bio: Adv. Shoeb Hakim is a Mumbai-based criminal defence, AML, digital forensics and cybercrime specialist. Former General Counsel at Credit Suisse. Has been training police and judiciary since 1996. Provides expert commentary on cybercrime law, criminal justice reform, and digital forensics.
• Article Publisher: Adv. Shoeb Hakim
• Article Section: Cybercrime Law | Criminal Justice | IT Law | Digital Forensics
• Article Tags: Cyber Crime BNS Sections, BNS 2023, IPC to BNS Mapping, Cyber Crime IPC, IT Act 2000, Bharatiya Nyaya Sanhita, Cyber Offences India, BNS Section 303, BNS Section 318, BNS Section 336, BNS Section 356, BNS Section 79, Adv Shoeb Hakim

#CyberCrimeBNS #BNS2023 #IPCtoBNS #CyberCrimeLaw #BharatiyaNyayaSanhita #CyberOffences #ITAct #CyberLawIndia #CriminalLaw #DigitalForensics #CyberSecurity #AdvShoebHakim