IPC Section 438 in the BNS

IPC 438 and the BNS

Which code applies

The Bharatiya Nyaya Sanhita came into force on 1 July 2024. An offence committed before that date is still punished under the Indian Penal Code, because the BNS keeps the repealed Code's penalties and proceedings alive.

“Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,— … (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed;”

Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.

Sources

Section numbers follow the correspondence table prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the Indian Penal Code, 1860 and the Bharatiya Nyaya Sanhita, 2023 as published, and from the table. The official text governs: read the section itself before you rely on it.