BNS Section 318 (IPC 420): cheating

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.

Quick answer

Section 318 of the Bharatiya Nyaya Sanhita punishes cheating and replaced sections 415, 417, 418 and 420 of the Indian Penal Code for offences committed on or after 1 July 2024. IPC 420 is now section 318(4): cheating that induces delivery of property or a valuable security, punishable with up to seven years and fine, cognizable and non-bailable. Simple cheating, 318(2), carries up to three years and is non-cognizable and bailable. 318(3) sits between them, at five years.

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.

Now: BNS 318 — Cheating
Was: IPC 415 / 417 / 418 / 420
Punishment: 318(2): up to 3 years or fine · 318(3): up to 5 years or fine · 318(4): up to 7 years and fine
Arrest without warrant: Non-cognizable / Cognizable
Bail: Bailable / Non-bailable
Compounding: Compoundable — some cases need the court’s permission
Tried by: Any Magistrate / Magistrate of the first class

Read this first: 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.

The number it had, and the number it has

Repealed — Indian Penal Code, 1860

IPC 415 / 417 / 418 / 420

Cheating.

In force — Bharatiya Nyaya Sanhita, 2023

BNS 318(1)

Cheating.

MergedAlso marked changed

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.

How this provision was renumbered
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.

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.

Classification of BNS 318, row by row
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

Arrest
Non-cognizable
The police may not investigate, and may not arrest, without an order from a Magistrate. In practice you go to the Magistrate rather than only to the police station, and an officer who says there is nothing they can do is describing the law correctly rather than refusing you.
Arrest
Cognizable
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.
Bail
Bailable
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.
Bail
Non-bailable
Bail is discretionary, not unavailable. The court decides, weighing the offence, the evidence and the risk. The word describes who decides, not what they decide.
Compounding
Compoundable
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)).
Compounding
With 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 by
Any Magistrate
Triable by any Magistrate, which in practice means the Judicial Magistrate the case is allotted to locally.
Tried by
Magistrate 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.

One section, two answers: the sub-section decides arrest, bail and settlement

BNS 318(2)was IPC 417
Cheating, with nothing more
Maximum
Up to 3 years, or fine, or both
Arrest without warrant
Non-cognizable
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
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
Bail
Non-bailable
Settling it
Only with the court’s permission
Tried by
Magistrate of the first class
Police can arrest; bail is the court’s call

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).

Maximum imprisonment: cheating and the offences next to it

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 investigation
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)).
Charge-sheetwithin 60 days of custody, or bail becomes a right
Custody before a charge-sheet is capped at sixty days (s. 187(3)(ii)). The informant must be told of progress within ninety days (s. 193(3)(ii)).
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.

What happened to cases like this — NCRB Crime in India 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.

Cases registered, 2024

1,16,219

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.

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)).

Cheating and criminal breach of trust, side by side

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)). Every sub-section of 318 carries seven years or less, so arrest without a warrant needs a recorded condition under s. 35(1)(b); 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 the court’s decision (s. 480), with 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, after which bail is a right (s. 187(3)(ii)). Detention for half the maximum — one-third for a first-time offender — entitles release, unless other cases are pending (s. 479).

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

Bharatiya Nyaya Sanhita, 2023 — sections 2, 316, 318 and 319
Read 13 September 2026. Section 318(1) to (4), its Explanation and illustrations (a) to (i), quoted from the enacted text.
BNSS, 2023 — First Schedule, rows 318(2), 318(3), 318(4), 319(2) and 316(2)
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.
BNSS, 2023 — sections 23, 35, 47, 48, 173, 174, 187, 193, 223, 230, 359, 364, 395, 478, 479, 480 and 482
Arrest and notice of appearance, recording information, non-cognizable cases, custody limits, compounding, compensation and bail.
Ministry of Home Affairs — corresponding sections, IPC to BNS
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.
NCRB — Crime in India 2024, Volume III, Tables 17A.1 and 18A.1
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.
NCRB — Crime in India 2024, Volume I, Table 1.2
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.

If you cannot pay for one, you do not have to

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.

No legal reviewer, deliberately. GetNyay is not a law firm and does not practise law. Nothing on this page is legal advice or a substitute for advice from an advocate on your own facts. Our tax and consumer pages carry a Chartered Accountant’s review credit; that credential does not extend to criminal law, so these pages carry none. We would rather show you the sources than a review that has not happened — every section number and classification here is cited to the Act or the Schedule it came from, with the date checked.

Last reviewed September 2026.