IPC 420 (now BNS 318): cheatingधारा 420 IPC (अब BNS 318): धोखाधड़ी की सज़ा
The number IPC 420 has now, why the sub-section decides whether police can arrest and bail is a right, and how cheating differs from criminal breach of trust.IPC 420 अब कौन-सी धारा है, उप-धारा से कैसे तय होता है कि पुलिस गिरफ़्तार कर सकती है और ज़मानत अधिकार है या नहीं, और धोखाधड़ी आपराधिक न्यासभंग से कैसे अलग है।
IPC 420 — cheating that induces delivery of property or a valuable security — is now section 318(4) of the Bharatiya Nyaya Sanhita: up to seven years and fine, cognizable and non-bailable. Section 318 replaced IPC sections 415, 417, 418 and 420 for offences committed on or after 1 July 2024. Simple cheating, 318(2), carries up to three years and is non-cognizable and bailable. 318(3) sits between them, at five years.भारतीय दंड संहिता की धारा 420 — छल करके संपत्ति देने के लिए बेईमानी से उत्प्रेरित करना — अब भारतीय न्याय संहिता की धारा 318(4) है: सात वर्ष तक का कारावास और जुर्माना, संज्ञेय और अज़मानतीय। धारा 318 ने 1 जुलाई 2024 या उसके बाद के अपराधों के लिए IPC की धारा 415, 417, 418 और 420 की जगह ली है। साधारण छल, 318(2), में तीन वर्ष तक की सज़ा है और यह असंज्ञेय व ज़मानतीय है। 318(3) इनके बीच, पाँच वर्ष पर है।
Punishes cheating — deceiving a person into handing over property or into acting to their harm. Sub-section (4), the old IPC 420, covers cheating that induces delivery of property.छल की सज़ा देती है — किसी को धोखा देकर संपत्ति सौंपने या अपने नुकसान का काम करने के लिए प्रेरित करना। उप-धारा (4), पुरानी IPC 420, संपत्ति सौंपने के लिए उत्प्रेरित करने वाले छल पर लागू होती है।
- Nowअब
- BNS 318 — Cheating
- Wasपहले
- IPC 415 / 417 / 418 / 420
- Punishmentसज़ा
- 318(2): up to 3 years or fine · 318(3): up to 5 years or fine · 318(4): up to 7 years and fine318(2): 3 वर्ष तक या जुर्माना · 318(3): 5 वर्ष तक या जुर्माना · 318(4): 7 वर्ष तक और जुर्माना
- Arrest without warrantबिना वारंट गिरफ़्तारी
- Non-cognizable / Cognizableअसंज्ञेय / संज्ञेय
- Bailज़मानत
- Bailable / Non-bailableज़मानतीय / अज़मानतीय
- Compoundingसमझौता (शमन)
- Compoundable — some cases need the court’s permissionशमनीय — कुछ मामलों में न्यायालय की अनुमति से
- Tried byविचारण न्यायालय
- Any Magistrate / Magistrate of the first classकोई भी मजिस्ट्रेट / प्रथम श्रेणी मजिस्ट्रेट
Read this first: पहले यह पढ़ें: The sub-section is the answer. 318(2) and 318(3) are non-cognizable and bailable; 318(4), the old IPC 420, is cognizable and non-bailable.उप-धारा ही उत्तर है। 318(2) और 318(3) असंज्ञेय और ज़मानतीय हैं; 318(4), पुरानी IPC 420, संज्ञेय और अज़मानतीय है।
Several provisions of the Indian Penal Code were folded into one section of the Bharatiya Nyaya Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.
| IPC 415 | becomes BNS 318(1) | merged |
|---|---|---|
| IPC 417 | becomes BNS 318(2) | merged |
| IPC 418 | becomes BNS 318(3) | merged |
| IPC 420 | becomes BNS 318(4) | merged |
Key takeaways
- Section 318(1) defines cheating; sub-sections (2), (3) and (4) punish it at three, five and seven years.
- IPC 420 became 318(4). Citing "318" without the sub-section leaves out whether arrest without warrant and bail as of right apply.
- 318(2) and 318(3) are non-cognizable and bailable; 318(4) is cognizable and non-bailable (BNSS First Schedule).
- The person cheated can settle 318(2) alone, but 318(3) and 318(4) only with the court’s permission (BNSS s. 359).
- A promise honestly made and later broken is not cheating; the Act’s own illustration calls it a civil breach of contract.
मुख्य बातें
- धारा 318(1) छल (cheating) की परिभाषा देती है; उप-धारा (2), (3) और (4) में क्रमशः तीन, पाँच और सात वर्ष की सज़ा है।
- IPC 420 अब 318(4) है। उप-धारा बताए बिना केवल "318" कहने से यह पता नहीं चलता कि बिना वारंट गिरफ़्तारी और अधिकार के रूप में ज़मानत लागू हैं या नहीं।
- 318(2) और 318(3) असंज्ञेय और ज़मानतीय हैं; 318(4) संज्ञेय और अज़मानतीय है (BNSS प्रथम अनुसूची)।
- ठगा गया व्यक्ति 318(2) में स्वयं समझौता कर सकता है, पर 318(3) और 318(4) में केवल न्यायालय की अनुमति से (BNSS धारा 359)।
- ईमानदारी से किया गया वादा बाद में टूट जाए तो वह छल नहीं है; अधिनियम का अपना दृष्टांत इसे संविदा का सिविल उल्लंघन कहता है।
अपराध के तत्व, ज़मानत और गिरफ़्तारी का वर्गीकरण, सज़ा और प्रक्रिया का पूरा विश्लेषण नीचे अंग्रेज़ी में है।
What BNS 318 actually requires
Every part below has to be present. This is not a list of factors to be weighed — if one element is missing, the offence is not made out at all, however bad the conduct looks.
- The accused deceives a person
By a false statement or pretence — and a dishonest concealment of facts is deception too (s. 318, Explanation).
and - And induces them, fraudulently or dishonestly
To deliver property to anyone, or to consent to someone keeping it; or intentionally induces them to do or omit something they would not have done if not deceived.
and - Causing, or likely to cause, harm
For the second kind of inducement, the act or omission must cause or be likely to cause damage or harm to that person in body, mind, reputation or property (s. 318(1)).
and - For 318(4): property or a valuable security actually delivered
The person deceived delivers property, or makes, alters or destroys a valuable security — a document creating, transferring or releasing a legal right (s. 2(31)) — or anything signed or sealed that can become one.
The first three elements are cheating under section 318(1) and are enough for 318(2). The fourth is what 318(4) adds. The deception must be present when the person is induced: illustration (g) says a promise honestly made and later broken is a civil matter.
Is BNS 318 bailable, cognizable and compoundable?
Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.
| Provision | Arrest | Bail | Compounding | Tried by |
|---|---|---|---|---|
| 318(2) | Non-cognizable | Bailable | Compoundable | Any Magistrate |
| 318(3) | Non-cognizable | Bailable | With the court’s permission | Any Magistrate |
| 318(4) | Cognizable | Non-bailable | With the court’s permission | Magistrate of the first class |
What these labels mean
- ArrestNon-cognizable
For this offence alone, police cannot investigate or arrest without the required Magistrate’s order. They must still record the substance of the information and refer the informant to the Magistrate under BNSS section 174. If the same facts disclose a cognizable offence, the case is treated as cognizable under section 174(4).
- ArrestCognizable
The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.
- BailBailable
Bail is a right, not a request. The officer in charge or the court must release you on bail once you offer it — there is no discretion to refuse.
- BailNon-bailable
Non-bailable means bail is not an automatic right. Under BNSS section 480, the officer in charge of a police station or the competent court may grant bail, subject to the restrictions applicable to offences punishable with death or imprisonment for life and the other conditions in that section. The High Court and Court of Session have separate bail powers under section 483.
- CompoundingCompoundable
May be compounded by the person cheated. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).
- CompoundingWith the court’s permission
May be compounded by the person cheated, with the permission of the court. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).
- Tried byAny Magistrate
Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.
- Tried byMagistrate of the first class
Tried by a Judicial Magistrate of the first class, whose sentencing power is capped, so the charge is expected to stay within that cap.
Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 210), and section 359 for compounding. These are the national labels. A State notification saved by BNSS s. 531(2)(b), or a State amendment, can change them in that State; where one has been verified it is shown here.
- BNS 318(2)was IPC 417
Cheating, with nothing more
- Maximum
- Up to 3 years, or fine, or both
- Arrest without warrant
- Non-cognizable — not without a warrant or Magistrate’s order (ss. 35(2), 174)
- Bail
- Bailable
- Settling it
- By the person cheated, no permission needed
- Tried by
- Any Magistrate
- BNS 318(3)was IPC 418
Knowing it is likely to cause wrongful loss to someone whose interest the offender was bound, by law or legal contract, to protect
- Maximum
- Up to 5 years, or fine, or both
- Arrest without warrant
- Non-cognizable — not without a warrant or Magistrate’s order (ss. 35(2), 174)
- Bail
- Bailable
- Settling it
- Only with the court’s permission
- Tried by
- Any Magistrate
- BNS 318(4)was IPC 420
The person deceived is induced to deliver property, or to make, alter or destroy a valuable security
- Maximum
- Up to 7 years, and fine
- Arrest without warrant
- Cognizable — only on s. 35(1)(b) conditions; otherwise a notice (s. 35(3))
- Bail
- Non-bailable
- Settling it
- Only with the court’s permission
- Tried by
- Magistrate of the first class
Section 318(1) defines cheating and carries no punishment of its own. Where a case discloses 318(2) together with any cognizable offence, the whole case is treated as cognizable (BNSS s. 174(4)).
Punishment for cheating, sub-section by sub-section
Under 318(2) and 318(3) a court may impose imprisonment, a fine, or both. Under 318(4) the words are imprisonment of up to seven years and liability to fine, with no minimum term. Imprisonment may be rigorous or simple (s. 4(c)). A Magistrate of the first class, who tries 318(4), can pass up to three years (BNSS s. 23(2)); one who thinks a heavier sentence is deserved sends the case to the Chief Judicial Magistrate, who can pass up to seven (ss. 23(1), 364).
- BNS 318(4) — cheating, property delivered (IPC 420)this pageup to 7 years and fine
- BNS 318(3) — cheating a person whose interest one must protectthis pageup to 5 years, or fine
- BNS 319(2) — cheating by personationup to 5 years, or fine
- BNS 316(2) — criminal breach of trustup to 5 years, or fine
- BNS 318(2) — cheatingthis pageup to 3 years, or fine
- BNS 316(5) — breach of trust by a public servant, banker or agentlife, or up to 10 years
From the section text. A maximum is a ceiling, not what a court awards. The full-width bar is imprisonment for life, which has no equivalent in years.
What happens, and how long each part takes
- Report to the policeon the day
For 318(4), the information is recorded and you get a free copy (BNSS s. 173). For 318(2) or 318(3) alone, it is entered in the station book and you are referred to the Magistrate (s. 174(1)).
- Complaint to the Magistrate (318(2) and 318(3))when you file it
You are examined on oath, and the accused must be given a chance to be heard before the Magistrate takes cognizance (s. 223(1)). Police investigate only on the Magistrate’s order (s. 174(2)).
- From here it is not yours to control
Everything below happens on the investigating agency’s timetable and the court’s, not yours. You can follow it and you can be heard in it; you cannot set its pace.
Arrest, or a notice to appearduring investigation318(4): arrest without warrant only where a s. 35(1)(b) condition is recorded; otherwise a notice to appear, and no arrest while it is complied with (s. 35(3)–(5)). 318(2) and 318(3) alone: no arrest without a warrant or a Magistrate’s order (ss. 35(2), 174(3)).
- Charge-sheetwithin 60 days of custody, or default bail may be claimed
Custody before a charge-sheet is capped at sixty days (s. 187(3)(ii)); if the report is not filed in time, the accused may claim default bail, subject to claiming it at the legally relevant time and being prepared to furnish bail; detention may continue until bail is furnished. The informant must be told of progress within ninety days (s. 193(3)(ii)).
Custody running out before a charge-sheet? Count the days in the default bail calculator →
- Documents to the accused and the victimwithin 14 days of appearance
Police report, FIR and statements, free of cost — to the victim too, if represented by an advocate (s. 230).
- Trial before the Magistrateno fixed period
A person in custody throughout is released on bail if the trial is not concluded within sixty days of the first date fixed for evidence, unless the Magistrate records reasons (s. 480(6)).
The time limits are the BNSS’s own. No provision fixes how long a cheating trial takes; the NCRB figures below show how many were still pending at the end of 2024.
Crime head: Cheating (Section 318(4) BNS / Section 420 IPC). NCRB reports by crime head rather than by section, so this is the closest head to the provision and not a count of cases under it.
- Chargesheeting rate, 202456.0%
Of the cases police finished investigating, the share that ended in a chargesheet rather than being closed.
- Conviction rate, 202431.4%
Of the trials that completed, the share that ended in conviction. Not the share of registered cases — most are still pending.
- Trials still pending at the end of 202494.4%
Of all cases before the courts that year, including those carried over from earlier years, the share not yet decided when the year closed.
NCRB, Crime in India 2024, Tables 17A.1 and 18A.1. NCRB defines this head as section 318(4) BNS / section 420 IPC only, so it says nothing about 318(2) or 318(3); and cheating read with the forgery sections is counted under NCRB’s separate Fraud head (Volume I, Table 1.2), not here. The 2024 volume counts IPC cases for January to June and BNS cases from 1 July in the same head. 7,896 convictions in 25,176 completed trials.
Across all cognizable offences in 2024 the chargesheeting rate was 72.1% and the conviction rate 53.3%, so this head can be read against those. What those rates are rates of, and what happens to 100 cases.
Lost money online? This page covers the offence, not the reporting. The reporting steps, the national figures and the 1930 helpline are on GetNyay’s cyber-fraud tracker, and a ready complaint letter is in the UPI fraud complaint format.
Cheating or criminal breach of trust? BNS 318 against BNS 316
Both offences end with someone else holding your property. The difference is how it got there. In cheating, the accused obtains it by deceiving you, so the dishonest intention exists when you are induced to part with it. In criminal breach of trust, the property was entrusted to the accused, and the dishonesty lies in what he later does with it — misappropriating it, converting it, or using it against the terms of the trust.
The Act’s illustrations draw the line. Taking an advance for goods one never means to deliver is cheating; meaning to deliver when the money is taken, and later failing to, is not cheating but a civil breach of contract (s. 318, illustration (g)). A warehouse-keeper who sells furniture left with him commits criminal breach of trust (s. 316, illustration (b)).
Question 1: How did the accused come to hold your property?
If you handed it over because they deceived you → go to question 2
If you entrusted it to them, or put it under their control → go to question 3
Question 2: When they took it, did they already mean not to keep their side?
The dishonest intention must exist when you are induced to part with the property (s. 318, illustration (g)).
If yes — the deception was there from the start
Where this leadsBNS 318(4) — cheating that induced delivery of propertyThis is the old IPC 420. Cheating with nothing more is 318(2), which is classified differently — the table below compares the basic offences.
- Cognizable
- Non-bailable
- Maximum: up to 7 years and fine
If no — they meant to perform then, and failed later
Not this offenceNot cheating — a civil breach of contractIllustration (g) to section 318: a person who intends to deliver when taking the money, and later breaks the contract, does not cheat and is liable only to a civil action.
Recovering money with a legal notice →
Question 3: Did they misappropriate it, convert it to their own use, or use it against the terms it was given on?
If yes, dishonestly
Where this leadsBNS 316 — criminal breach of trustThe basic offence is 316(2). A carrier, warehouse-keeper, clerk, public servant, banker or agent falls under a higher sub-section.
- Cognizable
- Non-bailable
- Maximum: up to 5 years, or fine
If they departed from your directions, but in good faith
Not this offenceNot criminal breach of trustDeparting from directions in good faith, without dishonesty, is not the offence (s. 316, illustration (d)).
Recovering money with a legal notice →
Which offence a set of facts discloses is decided by the court on the evidence. The labels on each outcome are the First Schedule's, and the maximum is the section's.
| Question | Cheating — BNS 318 | Criminal breach of trust — BNS 316 |
|---|---|---|
| How the property reaches the accused | By deceiving the person who hands it over | It is entrusted to him, or put under his dominion |
| When the dishonesty must exist | When the person is induced (illustration (g)) | When the property is misappropriated, converted or misused |
| A promise that is simply broken | Not cheating, if he meant to perform when he took the money | Not breach of trust, if he departed from directions in good faith (illustration (d)) |
| Basic offence | 318(2): up to 3 years, or fine, or both | 316(2): up to 5 years, or fine, or both |
| Arrest and bail, basic offence | 318(2): non-cognizable, bailable | 316(2): cognizable, non-bailable |
| Settling the basic offence | 318(2): by the person cheated, no permission needed | 316(2): by the owner, with the court’s permission |
From sections 316 and 318 of the Sanhita, the First Schedule to the BNSS (printed pages 209–210) and BNSS s. 359. Which offence a set of facts discloses is decided by the court on the evidence.
If you have been cheated: police, Magistrate or settlement
If money or property was handed over because of the deception, that is 318(4), which is cognizable: the information is recorded and you get a free copy (BNSS s. 173(1), (2)). If the station refuses, send the substance in writing, by post, to the Superintendent of Police; failing action there, you may apply to the Magistrate (s. 173(4)).
Cheating without delivery of property — 318(2) or 318(3) on their own — is non-cognizable. The officer enters it in the station book and refers you to the Magistrate (s. 174(1)). You file a complaint, you are examined on oath, and the Magistrate must give the accused an opportunity to be heard before taking cognizance (s. 223(1)).
A convicting court may order compensation for your loss (s. 395(1)(b), (3)). A settlement has the effect of an acquittal (s. 359(8)): under 318(2) you may settle alone, under 318(3) and 318(4) only with the court’s permission. If the money was lost online, the reporting steps are on GetNyay’s cyber-fraud pages, linked below.
If you have been accused of cheating: arrest, bail and custody
An arrested person must be told the full particulars of the offence, and someone they nominate must be told of the arrest (BNSS ss. 47(1), 48(1)). The rules differ by sub-section. 318(2) and 318(3) are non-cognizable: the police may not arrest without a warrant or a Magistrate’s order, section 35(1)(b) does not authorise it, and even an investigation ordered by a Magistrate carries no power to arrest without warrant (ss. 35(2), 174(2), (3)). 318(4) is cognizable and punishable with up to seven years: arrest without warrant needs the conditions in s. 35(1)(b), with reasons recorded; otherwise the police issue a notice to appear, and a person who complies is not arrested unless reasons are recorded (s. 35(3)–(5)).
Under 318(2) or 318(3) alone, bail is a right: the officer or court must release a person who offers bail, and an indigent person on a bond without surety (s. 478(1)). Under 318(4) bail is not a right: the officer in charge of a police station or the court may grant it (s. 480), and a court granting it imposes the conditions s. 480(3) requires for Chapter XVII offences, and a person expecting arrest may apply to the High Court or Court of Session for anticipatory bail (s. 482).
Custody before a charge-sheet is capped at sixty days. If the investigation is not completed and the police report is not filed within that period, the accused may claim default bail, subject to claiming it at the legally relevant time and being prepared to furnish bail; detention may continue until bail is furnished (s. 187(3)(ii), Explanation I). Detention for half the maximum — one-third for a first-time offender — entitles release, unless other cases are pending (s. 479).
More questions about this page
What is IPC 420 in BNS?▼
Is BNS 318(4) bailable?▼
Can a cheating case under BNS 318 be compromised?▼
Is not repaying a loan or breaking a promise cheating?▼
What is the punishment for cheating under BNS 318(2)?▼
What is the difference between BNS 318 and BNS 319?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Section 318(1) to (4), its Explanation and illustrations (a) to (i), quoted from the enacted text.
- Printed page 210 (318, 319) and 209 (316), checked against the page images. 318(2), 318(3): non-cognizable, bailable, any Magistrate. 318(4): cognizable, non-bailable, Magistrate of the first class.
- Arrest and notice of appearance, recording information, non-cognizable cases, custody limits, compounding, compensation and bail.
- IPC 415 → 318(1), 417 → 318(2), 418 → 318(3), 420 → 318(4). Section 318 is marked changed in the MHA table as published by UP Police.
- Cheating head (Section 318(4) BNS / Section 420 IPC), row 53B of Table 17A.1 and the matching row of 18A.1. Retrieved 13 September 2026.
- Head 53A, Fraud (318(4) read with forgery sections), counted separately from head 53B, Cheating.
What to do next
A criminal matter is not something to work out from a page, and this one does not pretend otherwise. Whether you are complaining or answering a charge, the next step is a lawyer.
Free legal services are a legal entitlement, not charity. Under section 12 of the Legal Services Authorities Act, 1987 they are available to anyone in custody, every woman and every child, members of a Scheduled Caste or Scheduled Tribe, persons with disabilities, victims of trafficking or of a disaster or caste atrocity, industrial workers, and anyone whose income is below the limit their State sets — provided the legal services authority is satisfied there is a case to bring or defend (section 13).
- NALSA — National Legal Services Authority
- NALSA legal aid helpline (toll-free): 15100
- Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.
Last reviewed September 2026.