Indian Penal Code • Bharatiya Nyaya Sanhita • Criminal Law
IPC Section 420 (Cheating) — Now Section 318 BNS: Punishment, Bail & Meaning
Everything you need to know about “420” — the most famous section in Indian criminal law — and where it now lives in the new code.
By Akinchan Aggarwal, Advocate, Punjab & Haryana High Court | Lawizard | Last updated: July 2026
In India, calling someone “420” is practically an accusation of fraud — the number has entered everyday language. That is because Section 420 of the Indian Penal Code, 1860 punished the most common form of cheating: tricking a person into parting with money or property. With the rollout of the new criminal codes, many people are now asking the same question: where has Section 420 gone? This guide explains the meaning, the essential ingredients, the punishment, the bail position, and the old-to-new mapping under the Bharatiya Nyaya Sanhita, 2023.
IPC Cheating Sections vs New BNS Sections
| IPC (old) | Provision | BNS 2023 (new) | Punishment |
|---|---|---|---|
| Section 415 | Definition of “cheating” | Section 318(1) | — |
| Section 417 | Cheating (simple) | Section 318(2) | Up to 3 years, or fine, or both |
| Section 418 | Cheating a person whose interest the offender was bound to protect | Section 318(3) | Up to 5 years, or fine, or both |
| Section 419 | Cheating by personation | Section 319(2) | Up to 5 years, or fine, or both |
| Section 420 | Cheating & dishonestly inducing delivery of property | Section 318(4) | Up to 7 years + fine |
In short, the famous “Section 420” is now Section 318(4) of the BNS — the substance of the offence and the maximum punishment remain the same.
What Does Section 420 Actually Say?
Section 420 IPC (Section 318(4) BNS) applies when a person cheats and thereby dishonestly induces the person deceived to:
- deliver any property to any person; or
- make, alter or destroy the whole or any part of a valuable security (like a cheque, promissory note or agreement); or
- do anything which is signed or sealed and is capable of being converted into a valuable security.
The core wrong is cheating that leads to a wrongful gain of property. To understand it fully, you first have to understand what “cheating” means under the general definition.
Essential Ingredients of Cheating
Under Section 415 IPC (now Section 318(1) BNS), “cheating” has two essential parts:
- Deception of a person; and
- either (a) fraudulently or dishonestly inducing that person to deliver property or to consent to its retention; or (b) intentionally inducing the person to do or omit to do something which he would not have done if not deceived, and which act or omission causes or is likely to cause damage or harm to him in body, mind, reputation or property.
For the aggravated form under Section 420, one more element is added — the deception must actually result in delivery of property (or the making/altering/destruction of a valuable security).
Punishment for Section 420 / Section 318(4) BNS
The offender “shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” There is no minimum sentence and no cap on the fine — both are at the court's discretion based on the facts.
Nature of the Offence — Bailable, Cognizable & Triable By
| Cognizable / Non-cognizable | Cognizable |
| Bailable / Non-bailable | Non-bailable |
| Triable by | Magistrate of the First Class |
| Compoundable? | Yes — by the person cheated, with the permission of the court |
Although the offence is “non-bailable,” that does not mean bail is impossible — it means bail is not a matter of right. In practice, since Section 420 is triable by a Magistrate, courts frequently grant regular bail, and anticipatory bail is also available in appropriate cases.
Real-Life Examples of Section 420 Cheating
- Selling a property to a buyer by producing forged title documents and taking the sale price.
- Taking money for a job or admission that the accused never had the ability or intention to arrange.
- Issuing a cheque with no intention of honouring it to obtain goods on credit.
- Online / UPI fraud where a victim is tricked into transferring money to a fraudster.
- Collecting deposits for a fake scheme, product or investment from the outset.
How to File a Complaint Under Section 420
Because the offence is cognizable, you can approach the law in the following ways:
- File an FIR at the police station having jurisdiction, setting out how you were deceived and what property/money you parted with.
- If the police refuse to register the FIR, send a written complaint to the Superintendent of Police, and if still ignored, file a complaint before the Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC).
- For online fraud, also lodge a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or call 1930.
- Preserve all evidence — messages, receipts, bank statements, agreements and cheques.
Frequently Asked Questions (FAQ)
Q1. What is Section 420 in simple words?
It is the section that punishes “cheating” — dishonestly deceiving a person to take their money or property. It carries up to 7 years' jail and fine, and is now Section 318(4) of the BNS.
Q2. Is Section 420 IPC still valid after the BNS?
Offences committed before 1 July 2024 are still tried under IPC Section 420. Offences on or after that date are registered under Section 318(4) of the BNS. The substance is identical.
Q3. Is 420 a bailable offence?
No, it is non-bailable and cognizable. But courts can and often do grant bail and anticipatory bail, since it is triable by a Magistrate.
Q4. Can a loan default or business loss be treated as 420?
Not by itself. There must be dishonest intention from the start of the transaction. A pure breach of contract or genuine business failure is a civil matter, not cheating.
Related Reading
About the Author
Akinchan Aggarwal
Advocate, Punjab & Haryana High Court | B.A. Hons. (Social Sciences), LL.B, LL.M (Gold Medalist) | UGC NET | Co-founder, Lawizard.
Tags: IPC Section 420, Section 420 punishment, BNS Section 318, IPC 420 in BNS, cheating punishment India, is 420 bailable, bare act, criminal law, Lawizard.
