Section 420 is the most recognised criminal section in India, and "420" has become everyday slang for a cheat. It is used for property fraud, job and visa scams, fake investment schemes and business deals that go wrong. Since 1 July 2024 the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 420 IPC is now in the BNS as Section 318(4) BNS.
This guide answers the questions people search for most: which section 420 IPC is in the BNS, the Section 420 IPC punishment, whether it is bailable or not and compoundable or not, which court tries it, its ingredients, and how it differs from Section 406. It ends with a Hindi section on dhara 420 kya hai and dhara 420 kab lagti hai.
Which section is 420 IPC in the BNS?
| IPC (before 1 July 2024) | BNS (from 1 July 2024) | |
|---|---|---|
| Cheating: definition | Section 415 | Section 318(1) |
| Cheating: basic punishment | Section 417: up to 1 year, or fine, or both | Section 318(2): up to 3 years, or fine, or both |
| Cheating a person whose interest you must protect | Section 418: up to 3 years | Section 318(3): up to 5 years |
| Cheating and dishonestly inducing delivery of property | Section 420: up to 7 years and fine | Section 318(4): up to 7 years and fine |
| Cheating by personation | Sections 416 and 419 | Section 319 |
Which law applies depends on the date of the offence, not the date of the FIR. Cheating committed before 1 July 2024 is still charged under Section 420 IPC, because the BNS repeal and savings clause (Section 358 BNS) keeps the old law alive for earlier conduct. Conduct on or after that date falls under Section 318(4) BNS. The procedure for an FIR registered after 1 July 2024 follows the BNSS, whichever code defines the offence.
Use our IPC to BNS converter to look up any other section.
What Section 420 / 318(4) says
The offence has two parts. First, the accused must have cheated: deceived someone, fraudulently or dishonestly, so that the person delivered property or did something they would not otherwise have done. Second, the cheating must have dishonestly induced the person to:
- deliver any property to anyone, or
- make, alter or destroy all or part of a valuable security (such as a cheque, promissory note or deed), or anything signed or sealed that can be converted into one.
Cheating that leads to any of these is the aggravated offence under Section 420 IPC / Section 318(4) BNS. Cheating without delivery of property is the basic offence under Section 417 IPC / Section 318(2) BNS. Our Section 417 and BNS 318 guide covers it.
Section 420 IPC punishment: bailable or not, compoundable or not, and triable by which court
| Question | Section 420 IPC | Section 318(4) BNS |
|---|---|---|
| Punishment | Up to 7 years and fine | Up to 7 years and fine |
| Cognizable? | Yes | Yes |
| Bailable? | No | No |
| Compoundable? | Yes, by the person cheated, with the court's permission | Yes, by the person cheated, with the court's permission |
| Triable by | Magistrate of the first class | Magistrate of the first class |
Check the First Schedule and the compounding table in Section 359 BNSS (Section 320 CrPC for older cases) before relying on this. Some secondary websites state the compounding position wrongly.
Non-bailable does not mean bail is refused. It means bail is the court's decision, not an automatic right. In practice, bail in a Section 420 case usually turns on the amount involved, whether the money has been or can be returned, the accused's role, and the risk of absconding or tampering with evidence.
Arrest is not automatic. Because the maximum punishment is seven years, the police must follow Section 35 BNSS (old Section 41 and 41A CrPC). They have to record reasons for an arrest, and in suitable cases issue a notice of appearance under Section 35(3) BNSS instead of arresting. The Supreme Court's directions in Arnesh Kumar v. State of Bihar (2014) for offences punishable with up to seven years still guide this.
Ingredients of Section 420 IPC: dishonest intention from the start
The question that decides most Section 420 cases is when the dishonest intention arose. The Supreme Court has repeatedly held that cheating requires a fraudulent or dishonest intention at the time the promise or representation was made (Hridaya Ranjan Prasad Verma v. State of Bihar, 2000; Vesa Holdings v. State of Kerala, 2015). If a person honestly intended to perform a contract and later failed, that is a breach of contract, a civil wrong. It is not cheating.
In practice, the complaint must show facts from which that early intention can be inferred. Examples:
- a false statement of fact, such as claiming to own land you don't own, or forged papers
- taking money for a job, admission or visa that never existed
- a series of similar complaints against the same person
- disappearing or changing contact details right after receiving the money
Is it cheating or a civil dispute?
Answer these before filing or defending a Section 420 case:
- Was there a representation? What exactly was said or shown, by whom, and when?
- Was it false when made? Or was it true then, and things changed later?
- Was property delivered because of it? Link the payment or transfer to the representation.
- What shows dishonest intention at the start? Look for documents, messages, other victims, or a fake identity.
- Is it really unpaid money under a contract? If the only complaint is non-payment or non-performance, a court may treat it as civil and quash the criminal case.
If the answer to 5 is yes and 2 and 4 are weak, expect an application to quash under Section 528 BNSS. See our quashing petition format under Section 528 BNSS.
Section 420 vs Section 406: you usually can't have both
Many FIRs invoke Sections 406 and 420 together. The Supreme Court has said this is often wrong. In Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh (2024 INSC 626), it held that criminal breach of trust and cheating cannot both arise from the same set of facts. The two offences are built differently:
| Cheating (420 IPC / 318(4) BNS) | Criminal breach of trust (406 IPC / 316 BNS) | |
|---|---|---|
| How the property was obtained | By deception | Lawfully entrusted |
| When the dishonest intention arises | At the start, before delivery | Later, after entrustment |
| Typical example | Money taken for a fake job | An agent keeps money given to them to pay a supplier |
| Maximum punishment | 7 years and fine | IPC 406: 3 years · BNS 316(2): 5 years |
Read our Section 406 and BNS 316 guide for breach of trust.
Common Section 420 situations
| Situation | Usually also invoked |
|---|---|
| Property sold twice, or sold by someone who doesn't own it | Forgery, if documents were faked: Sections 468 and 471 IPC, now Sections 336(3) and 340(2) BNS. FIRs often read "420, 468, 471". |
| Job, visa or admission fraud | Cheating by personation (Section 319 BNS) if a false identity was used |
| Online and UPI fraud | Section 66D of the Information Technology Act, 2000 (cheating by personation using a computer resource) |
| Investment or chit schemes | State deposit-protection laws and the Banning of Unregulated Deposit Schemes Act, 2019 |
| Cheque given as part of a fraud | A cheque bounce on its own is a Section 138 NI Act matter, not cheating |
If you are the complainant
- Collect proof of the representation (messages, brochures, recorded calls, witnesses) and of the payment (bank statements, UPI references, receipts).
- File the complaint at the police station with jurisdiction. If police don't register an FIR, the remedy is an application to the Superintendent of Police and then to the Magistrate under Section 175(3) BNSS (old Section 156(3) CrPC).
- For online fraud, report quickly on the national cyber crime portal or helpline 1930. The faster you report, the more likely the money can be frozen.
Facing a Section 420 / 318(4) FIR? Upload the FIR and get a first draft of an anticipatory bail application under Section 482 BNSS, with the grounds set out, to check and file. Draft it with Juniorlawyer →
If you are the accused
- If you fear arrest, the remedy is anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. See our anticipatory bail format.
- If arrested, apply for regular bail under Section 480 BNSS (Magistrate) or 483 BNSS (Sessions Court and High Court). See our bail application format.
- If the dispute is civil in nature, or has been settled, consider quashing under Section 528 BNSS or compounding with the court's permission.
धारा 420 क्या है, कब लगती है और अब कौन सी धारा है? (हिंदी में)
धारा 420 अब क्या है? धारा 420 आईपीसी अब भारतीय न्याय संहिता, 2023 की धारा 318(4) है। यह धोखाधड़ी करके किसी व्यक्ति को संपत्ति देने, या मूल्यवान प्रतिभूति (जैसे चेक या दस्तावेज़) बनाने, बदलने या नष्ट करने के लिए बेईमानी से प्रेरित करने का अपराध है।
- धारा 420 की सज़ा (dhara 420 ki saja): सात वर्ष तक का कारावास और जुर्माना, दोनों संहिताओं में समान।
- धारा 420 कब लगती है: जब शुरुआत से ही धोखा देने का इरादा हो और उसी धोखे के कारण पैसा या संपत्ति दी गई हो। केवल अनुबंध पूरा न कर पाना धारा 420 नहीं है।
- ज़मानत: यह गैर-जमानती और संज्ञेय अपराध है, पर ज़मानत न्यायालय के विवेक पर मिल सकती है।
- समझौता: पीड़ित व्यक्ति न्यायालय की अनुमति से समझौता (compounding) कर सकता है।
- धारा 420 और 406: एक ही तथ्यों पर धोखाधड़ी (420) और आपराधिक न्यासभंग (406) दोनों सामान्यतः नहीं बनते। धारा 406 अब धारा 316 बीएनएस है।
- कौन सा कानून: 1 जुलाई 2024 से पहले हुए अपराध पर धारा 420 आईपीसी, उसके बाद हुए अपराध पर धारा 318(4) बीएनएस लगेगी।
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