What is the BNS Section 2(38) equivalent in the old IPC?

BNS Section 2(38) directly corresponds to legacy IPC Section 23. It consolidates the statutory definition and updated penalties under the Bharatiya Nyaya Sanhita 2023.

Is Section 2(38) BNS bailable or non-bailable?

Section 2(38) BNS is classified as: Bailable / Non-Bailable based on clause. In bailable matters, bail is a matter of statutory right before the police or magistrate, whereas in non-bailable offences, bail is at judicial discretion under BNSS.

What is the punishment and imprisonment under BNS Section 2(38)?

The prescribed statutory penalty under Section 2(38) BNS is: See detailed statutory guide. Sentences are subject to judicial trial assessment and aggravating/mitigating circumstances.

Is an offence under Section 2(38) BNS cognizable (arrest without warrant)?

The offence under Section 2(38) BNS is: Cognizable / Non-Cognizable based on clause. In cognizable offences, police officers have the authority to register an FIR and initiate an investigation directly.

Which court has jurisdiction to try cases under Section 2(38) BNS?

Cases under Section 2(38) BNS are triable by: Magistrate Court / Sessions Court under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is the primary objective and citizen takeaway of Section 2(38) BNS?

Section 2(38) BNS deals with 'Gaining wrongfully, losing wrongfully'. It establishes clear criminal liability, modern evidentiary thresholds, and proportionality in sentencing under India's modernized penal framework.

BNS Section 2(38)

BNS Section 2(38): Gaining wrongfully, losing wrongfully

Equivalent Legacy Law: IPC Section 23

💡 Simplified Explanation

BNS Section 2(38) defines the rules, regulations, and penalties regarding: "gaining wrongfully, losing wrongfully". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding gaining wrongfully, losing wrongfully as defined under this Section, they will be charged under BNS Section 2(38) instead of the old IPC sections."

📜 Official Statutory Provision

Clause-3 No change. 2(39) Words and expressions used but not defined. 29A The scope of Section 29A IPC is broadened. For words and expressions used in BNS but not defined in BNS but defined in IT Act, 2000 and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), they shall have the meanings respectively assigned to them in that Act and Sanhita.

Bail Status Guide Is Section 2(38) Bailable? → Sentencing Guide Jail Term & Fine Details →