IPC to BNS
IPC Section 409 in BNS: Section 316(5)
Section 409 of the Indian Penal Code, 1860 (Criminal breach of trust by public servant, or by banker, merchant or agent) corresponds to Section 316(5) of the Bharatiya Nyaya Sanhita, 2023.
Last updated 9 October 2026
IPC 409 and BNS 316(5) at a glance
| IPC (old) | BNS (new) | |
|---|---|---|
| Section | 409 | 316(5) |
| Heading | Criminal breach of trust by public servant, or by banker, merchant or agent | Criminal breach of trust by public servant, or by banker, merchant or agent |
| Punishment | Imprisonment for life, or up to 10 years, and fine. | Imprisonment for life, or up to 10 years, and fine. |
| Mapping | Direct equivalent | |
What IPC Section 409 covered
Punishes criminal breach of trust committed by a public servant, or by a banker, merchant, factor, broker, attorney or agent, in respect of property entrusted in that capacity.
What changed in BNS Section 316(5)
The provision is carried over without a substantive change; only the section number is new.
Punishment: IPC 409 compared with BNS 316(5)
The punishment is the same under both codes. Imprisonment for life, or up to 10 years, and fine.
Which law applies: IPC or BNS?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
IPC 409: common questions
What is the new section for IPC 409?
IPC Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) corresponds to Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is the punishment under BNS Section 316(5)?
Imprisonment for life, or up to 10 years, and fine.
Does IPC Section 409 still apply to older cases?
The BNS applies to offences committed on or after 1 July 2024. An offence committed before that date continues to be investigated, tried and punished under the IPC, because the repeal and savings clause in Section 358 of the BNS preserves liabilities and proceedings under the repealed Code.
Related IPC sections
- IPC 406 to BNS 316(2) · Criminal breach of trust
- IPC 415 to BNS 318(1) · Cheating (definition)
- IPC 405 to BNS 316(1) · Breach of trust (definition)
- IPC 417 to BNS 318(2) · Cheating (simple)
- IPC 419 to BNS 319(2) · Cheating by personation
- IPC 420 to BNS 318(4) · Cheating
- IPC 425 to BNS 324(1) · Mischief
- IPC 427 to BNS 324(4) · Mischief causing damage
Map any section inside Settl
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.