IPC 420 vs BNS 318: Cheating & Fraud — Is 420 Now 318? (2024)

Section 420 of the IPC became so synonymous with fraud that "420" entered everyday Indian language. Under the BNS, cheating is now Section 318. The legal definition — deceiving a person and thereby dishonestly inducing them to deliver property, consent to retention of property, or undertake a harmful act or omission — is completely preserved. What changes is the structure: IPC scattered the law across 415, 416, 417, and 420. BNS 318 brings everything under one section with a clean two-tier punishment. The major substantive addition is the explicit mention of electronic means — UPI fraud, phishing, fake investment platforms, WhatsApp scams, and online matrimonial fraud are unambiguously covered. The Supreme Court's test (R.K. Vijayasarathy, 2019) — that dishonest intent must exist from inception, not just when the deal soured — continues to apply to distinguish criminal cheating from civil breach of contract.