Author: Lexfolio Team

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on 1 July 2024. Key pairs: FIR under Section 154 CrPC is now Section 173 BNSS, anticipatory bail under 438 is now 482, inherent powers under 482 are now 528, and maintenance under 125 is now 144. The tables below map the most used CrPC sections and list the main procedural changes.

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

The BNSS has 531 sections against 484 in the CrPC. Most of the Code was renumbered with limited change, but the BNSS adds several new mechanisms: Zero FIR and e-FIR, compulsory videography of search and seizure, forensic visits for serious offences, fixed timelines for charge and judgment, trial in absentia of proclaimed offenders, and electronic trials.

Which law applies to your case

Section 531(2) BNSS saves the old Code for proceedings already pending. Any appeal, application, trial, inquiry or investigation pending on 1 July 2024 continues under the CrPC. Proceedings that start on or after that date follow the BNSS, even if the offence was committed earlier under the IPC. In Parvinder Singh v. Directorate of Enforcement (2026), the Supreme Court held that merely numbering a complaint before 1 July 2024 was a ministerial act, not a pending “inquiry”, so the BNSS applied to cognizance taken afterwards.

Courts, arrest and appearance

Search, seizure and preventive action

FIR and investigation

Cognizance, complaints and trial

Victims, sentence, appeal and revision

Bail, property and miscellaneous

Main new features of the BNSS

• Zero FIR (Section 173(1)): information about a cognizable offence can be given at any police station, whatever the place of the offence. The station registers it and transfers it to the police station with jurisdiction.
• e-FIR (Section 173(1)): information may be given by electronic communication. It is taken on record once the informant signs it within three days.
• Free copy of FIR (Section 173(2)): the informant or victim must get a copy at once, free of cost.
• Preliminary enquiry (Section 173(3)): for offences punishable with 3 years or more but under 7 years, the officer may, with permission of a DSP or higher officer, hold a preliminary enquiry within 14 days to see if a prima facie case exists.
• Videography of search and seizure (Sections 105 and 185): the process, including the preparation of the seizure list, must be recorded by audio-video means, preferably on a mobile phone.
• Forensics (Section 176(3)): for offences punishable with 7 years or more, a forensic expert must visit the crime scene and the process must be videographed.
• Police custody in parts (Section 187): the 15 days of police custody can be sought at any time during the first 40 days of detention (offences with a 60-day investigation limit) or the first 60 days (offences with a 90-day limit, that is, those punishable with death, life or 10 years or more).
• Timelines: discharge application within 60 days of committal (250), charge within 60 days of first hearing (251), judgment within an outer limit of 45 days after arguments (258), plea bargaining application within 30 days of charge (289), victim to be told of progress within 90 days (193).
• Trial in absentia (Section 356): a proclaimed offender who absconds to evade trial, with no immediate prospect of arrest, can be tried and convicted in absence. Trial can start only after 90 days from framing of charge, and no appeal lies unless the offender appears before the appellate court.
• Hearing before cognizance (Section 223): on a private complaint, the Magistrate must hear the accused before taking cognizance.
• Electronic proceedings (Section 530): trials, inquiries, summons, evidence recording and appearance of accused may be held electronically.
• Undertrial release (Section 479): a first-time offender gets bail on completing one-third of the maximum sentence.
• Proceeds of crime (Section 107): police can, with SP or Commissioner’s approval, seek a Magistrate’s order to attach property derived from crime.

Important case law to read with the BNSS

Lalita Kumari v. Government of U.P. (2013): registration of an FIR is mandatory when information discloses a cognizable offence, with preliminary enquiry allowed only in limited categories. Section 173(3) BNSS now gives a statutory preliminary enquiry for the 3 to 7 year band.

Arnesh Kumar v. State of Bihar (2014): police must not arrest mechanically in offences punishable up to 7 years and must follow the notice of appearance route. That safeguard, earlier in Section 41A CrPC, is now inside Section 35 BNSS.

Parvinder Singh v. Directorate of Enforcement (2026): the Supreme Court held the proviso to Section 223(1) BNSS mandatory. Cognizance taken on a complaint without first hearing the accused is void, and the accused need not show prejudice.

Common confusions

482 CrPC and 482 BNSS are different. Inherent powers of the High Court (old 482) are now Section 528. Section 482 BNSS is anticipatory bail (old 438). Petitions are now titled “application under Section 528 BNSS”.

144 CrPC and 144 BNSS are different. Prohibitory orders (old 144) are now Section 163. Section 144 BNSS is maintenance (old 125).

173 CrPC and 173 BNSS are different. The charge sheet (old 173) is now Section 193. Section 173 BNSS is the FIR provision (old 154).

Exam angle

• The BNSS has 531 sections. Know the commencement date of 1 July 2024 and the savings clause in Section 531.
• Learn the bail block: 478 (bailable), 479 (undertrial), 480 (non-bailable), 482 (anticipatory), 483 (special powers).
• Timelines are favourite MCQs: 3 days for signing e-FIR, 14 days for preliminary enquiry, 48 hours to send search record, 7 days for medical report of rape victim, 60, 45 and 30 day trial limits.
• Trial in absentia applies only to proclaimed offenders, and proclaimed offender status now covers offences punishable with 10 years or more.
• Videography: search (185), seizure (105) and forensic scene visit (176(3)).

Frequently asked questions

What is Section 154 CrPC in BNSS?

Section 173 BNSS. It now also recognises Zero FIR, e-FIR and a preliminary enquiry for offences punishable with 3 to under 7 years.

What is the new section for anticipatory bail?

Section 482 BNSS, which replaces Section 438 CrPC.

Where is Section 482 CrPC (quashing) now?

Section 528 BNSS saves the inherent powers of the High Court, including quashing of FIRs and proceedings.

What is Section 125 CrPC maintenance in BNSS?

Section 144 BNSS covers maintenance of wives, children and parents.

Can an FIR be filed online under BNSS?

Yes. Section 173(1) allows information by electronic communication, which is taken on record when the informant signs it within three days.

Does CrPC still apply to old cases?

Yes. Under Section 531(2) BNSS, investigations, inquiries, trials, appeals and applications pending on 1 July 2024 continue under the CrPC.

Quick quiz

Sources

• The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Gazette of India
• Ministry of Home Affairs and PIB material on the new criminal laws: BNSS to CrPC comparison and key changes
• Parvinder Singh v. Directorate of Enforcement (Supreme Court, 2026)
• Lalita Kumari v. Government of U.P. (2013); Arnesh Kumar v. State of Bihar (2014), Supreme Court of India

This page is for education and general information, not legal advice for a specific case.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regular bail is now in Section 478 (old 436 CrPC, bailable offences), Section 479 (old 436A, maximum detention of undertrials), Section 480 (old 437, non-bailable offences before the Magistrate) and Section 483 (old 439, special powers of the High Court and Sessions Court). The biggest change is in Section 479: a first-time undertrial must be released on bond after serving one-third of the maximum sentence, instead of one-half.

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

Section 478 BNSS: bail in bailable offences

A person accused of a bailable offence who is arrested without warrant, or who appears or is brought before a court, must be released on bail if ready to give it. An indigent person unable to furnish surety must be released on a bond without sureties. Inability to give bail within a week of arrest can be treated as indigence.

Section 479 BNSS: the one-half and one-third rule

This is the most searched bail change. The section applies to offences not punishable with death or life imprisonment.

• General rule: An undertrial detained for up to half of the maximum imprisonment for the offence “shall be released by the Court on bail”.
• First-time offenders (new): A person never convicted before is released on bond after one-third of the maximum sentence.
• Court’s discretion and limits: After hearing the Public Prosecutor and recording reasons, the court may continue detention beyond half, but never beyond the maximum sentence. Delay caused by the accused is excluded.
• Multiple cases (new): Under sub-section (2), where investigation, inquiry or trial is pending in more than one offence or in multiple cases, the person shall not be released on bail under this section.
• Jail Superintendent’s duty (new): Under sub-section (3), once half or one-third is completed, the Superintendent must forthwith apply in writing to the court for release.

Example: for an offence with a seven-year maximum, a first-time undertrial becomes eligible after two years and four months; others after three and a half years.

Retrospective application

In In Re: Inhuman Conditions in 1382 Prisons, the Supreme Court on 23 August 2024 accepted that Section 479 applies to undertrials in cases registered before 1 July 2024 as well, and directed jail Superintendents to process applications.

Section 480 BNSS: bail in non-bailable offences

Bail in a non-bailable offence is discretionary. A Magistrate or police officer cannot release a person if there are reasonable grounds to believe he committed an offence punishable with death or life imprisonment. Release is also restricted in a cognizable offence where the person has specified previous convictions (for an offence punishable with seven years or more, or two or more convictions for offences punishable with three to seven years).

The provisos soften these bars. Bail may still be granted to a person who “is a child or is a woman or is sick or infirm” (the CrPC said “under the age of sixteen years”). The identification proviso now adds that the need for “police custody beyond the first fifteen days” is not by itself a ground to refuse bail. The Public Prosecutor must be heard in offences punishable with death, life imprisonment or seven years or more.

Sub-section (3) makes conditions mandatory in serious offences. Sub-section (6) keeps the sixty-day rule: in a Magistrate trial, if the trial is not over within sixty days from the first date fixed for evidence and the accused has been in custody throughout, he is to be released unless the Magistrate records reasons.

Section 483 BNSS: High Court and Sessions Court

Section 483 corresponds to Section 439 CrPC and is substantially the same. The High Court or Court of Session can grant bail in any offence, impose conditions, modify a Magistrate’s conditions, and cancel bail by directing arrest.

Important case law

In Re: Inhuman Conditions in 1382 Prisons (2024)

This order made Section 479 apply to pre-BNSS cases and placed the duty of identifying eligible undertrials on jail authorities.

Common confusions

• Section 479 is not automatic: it excludes death or life offences and persons with multiple pending cases.
• First-time offender means no previous conviction, not merely a first arrest.
• Section 480 vs Section 483: Magistrates work under Section 480; the Sessions Court and High Court have wider powers under Section 483.

Practical guide for the public

For a bailable offence, ask for release at the police station itself or before the Magistrate; bail is a right. For a non-bailable offence, apply first to the Magistrate under Section 480; if rejected, or if the offence is triable by the Sessions Court, apply under Section 483 to the Sessions Court and then the High Court.

Keep ready: copy of the FIR, the remand order, identity proof of the accused and sureties, surety documents, medical records if relying on sickness, and a record of the custody period. If a family member has served one-third (first-time) or half of the maximum sentence, ask the jail Superintendent or the District Legal Services Authority (which gives free legal aid) whether a Section 479 application has been filed.

Exam angle

• 436 = 478, 436A = 479, 437 = 480, 438 = 482, 439 = 483.
• Section 479: one-third for first-time offenders; half for others; no benefit for death or life offences; Superintendent must apply.
• Section 480 proviso: “child” (CrPC said under sixteen years), woman, sick or infirm.
• Section 480(6): sixty days from the first date fixed for taking evidence in a Magistrate trial.
• Section 479 held applicable to pre-1 July 2024 cases (Supreme Court, August 2024).

Frequently asked questions

What is the new section for 437 CrPC bail?

Bail in non-bailable offences before a Magistrate is now governed by Section 480 of the BNSS, 2023.

What is the new section for 439 CrPC?

Section 483 BNSS now contains the special bail powers of the High Court and the Court of Session.

What is the one-third rule in Section 479 BNSS?

An undertrial who has never been convicted before must be released on bond after spending one-third of the maximum sentence for the offence in custody, unless the offence carries death or life imprisonment or multiple cases are pending.

Does Section 479 apply to old cases?

Yes. In August 2024 the Supreme Court held that it applies to undertrials in cases registered before 1 July 2024.

Quick quiz

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 478 to 483
• Code of Criminal Procedure, 1973: Sections 436 to 439
• In Re: Inhuman Conditions in 1382 Prisons, Supreme Court, order of 23 August 2024

This page is for education and general information, not legal advice for a specific case.

The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) on 1 July 2024. Most offences survive with new numbers: Section 302 IPC is now Section 103 BNS, 420 is 318(4), 376 is 64, 498A is 85 and 34 is 3(5). The tables below map the most searched IPC sections to their BNS equivalents and flag every real change.

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

The BNS has 358 sections against 511 in the IPC. The drop in number does not mean offences were removed on that scale. Many small IPC sections were folded into sub-sections of one BNS section. Kidnapping, unlawful assembly, cheating, criminal breach of trust and counterfeiting are good examples. According to the government’s own summary, the BNS adds 20 new offences, raises imprisonment for 33 offences, introduces community service as a punishment and deletes 19 IPC provisions.

How to read this table

Each row gives the old IPC section, the matching BNS section, the offence, and a short note on change. A blank note means the offence and punishment were carried over in substance. Sub-sections matter: always cite them. Writing “Section 115 BNS” for simple hurt is incomplete, because 115(1) defines hurt and 115(2) punishes it.

The rule on which law applies is simple. An offence committed before 1 July 2024 is still charged and tried under the IPC. An offence committed on or after that date falls under the BNS. Pending investigations and trials started under the old law continue under it, as saved by the repeal clause in Section 358 BNS.

General exceptions, joint liability and punishment

Offences affecting the human body

Sexual offences

Offences against women and marriage

Offences against property

Public order, the State and public servants

Documents, forgery and counterfeiting

Defamation, intimidation and insult

New offences in the BNS with no IPC equivalent

IPC sections dropped or replaced

What changed in the big picture

Gender neutral and child focused wording

The definition of “gender” now includes transgender persons, and “child” is defined as a person under eighteen. That is why trafficking, procuration and sale of minors now speak of a “child” instead of a “minor girl”.

Community service

For the first time, community service is a punishment. It is available for six offences: a public servant unlawfully engaging in trade (202), non-appearance in response to a proclamation (209), attempting suicide to compel a public servant (226), first-time petty theft below Rs 5,000 with restitution (303(2)), drunken misconduct in public (355) and defamation (356(2)).

Higher fines and new minimums

Fines that had stayed frozen since 1860 were revised. Several offences also got a mandatory minimum: culpable homicide (105), dishonest misappropriation (314), petty organised crime (112) and repeat theft (303(2)).

Important case law behind the changes

Navtej Singh Johar v. Union of India (2018): a five-judge bench decriminalised consensual sex between adults under Section 377 IPC. The BNS drops Section 377 entirely, which critics point out leaves a gap for non-consensual acts against adult men.

Joseph Shine v. Union of India (2018): the Supreme Court struck down Section 497 IPC (adultery) as unconstitutional. The BNS does not revive it.

S.G. Vombatkere v. Union of India (2022): the Supreme Court kept Section 124A IPC in abeyance and asked governments not to register fresh sedition cases. The BNS then dropped the word sedition.

Common confusions

Is 302 now 103 or 101? Section 101 BNS defines murder (old 300). Section 103(1) punishes it (old 302). Charge sheets cite 103(1).

Is 420 now 318 or 316? Cheating is 318. Section 316 is criminal breach of trust (old 405 to 409). The two are often mixed up in FIRs.

Hit and run under 106(2): it is in the statute book but the Central Government has not notified it. In July 2026 the Delhi High Court dismissed a PIL seeking its enforcement, holding that courts cannot force notification.

Exam angle

• The BNS has 358 sections in 20 chapters. Expect direct questions on this and on the 1 July 2024 commencement date.
• Memorise the high frequency pairs: 34 to 3(5), 120B to 61(2), 302 to 103(1), 304B to 80, 376 to 64, 420 to 318(4), 498A to 85, 506 to 351.
• Mob lynching is 103(2) and group grievous hurt is 117(4). Both need five or more persons acting on grounds such as race, caste or language.
• Community service: know the six offences. Defamation (356(2)) and petty theft (303(2)) are the favourites.
• The marital rape exception age moved from 15 to 18, aligning with Independent Thought v. Union of India (2017).

Frequently asked questions

Is IPC still valid after 1 July 2024?

Yes, but only for offences committed before 1 July 2024. Those cases are investigated and tried under the IPC. New offences fall under the BNS.

What is the new section for 302 IPC?

Section 103(1) of the BNS punishes murder with death or life imprisonment and fine. The definition of murder is in Section 101.

What is 420 IPC in BNS?

Section 318(4) BNS. The punishment remains up to 7 years and fine.

What happened to Section 377 and 497 IPC?

Both are dropped. The BNS has no offence of adultery and no equivalent of Section 377.

Is sedition removed in BNS?

The word sedition and Section 124A are gone. Section 152 BNS creates a new offence of endangering the sovereignty, unity and integrity of India.

Is attempt to suicide a crime under BNS?

Not in general. Section 226 punishes only an attempt to commit suicide made to compel or restrain a public servant from discharging official duty.

Quick quiz

Sources

• The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), Gazette of India
• Ministry of Home Affairs and PIB material on the new criminal laws: BNS to IPC comparison and summary of changes
• Navtej Singh Johar v. Union of India (2018); Joseph Shine v. Union of India (2018); S.G. Vombatkere v. Union of India (2022), Supreme Court of India
• Delhi High Court order of July 2026 dismissing a PIL on enforcement of Section 106(2) BNS

This page is for education and general information, not legal advice for a specific case.

Read this in Hindi: हिंदी में पढ़ें

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

The old Section 498A of the Indian Penal Code is now split into two provisions of the Bharatiya Nyaya Sanhita, 2023: Section 85 (the punishment for cruelty by a husband or his relative) and Section 86 (the definition of “cruelty”). The punishment is unchanged at up to three years’ imprisonment plus fine, and the offence remains non-bailable, triable by a Magistrate of the first class and cognizable when the complaint comes from the woman or her family.

From IPC 498A to BNS 85 and 86

Under the IPC, Section 498A did two jobs in one place. The main paragraph created the offence and an Explanation below it told us what “cruelty” meant. The BNS keeps the same substance but separates the two parts.

• Section 85 makes it an offence for the husband, or a relative of the husband, to subject a woman to cruelty. It sits in Chapter V of the BNS, the chapter on offences against woman and child.
• Section 86 is a pure definition clause. It opens with the words “For the purposes of section 85, ‘cruelty’ means” and then sets out two limbs.

What counts as cruelty under Section 86

The definition has two independent limbs. Proving either one is enough.

Limb (a): conduct that endangers the woman

Any wilful conduct of a kind likely to push the woman towards suicide, or to cause grave injury or danger to her life, limb or health, mental or physical. The conduct must be serious and deliberate, not ordinary marital friction.

Limb (b): harassment for unlawful demands

Harassment of the woman aimed at coercing her or her relatives to meet an “unlawful demand for any property or valuable security”, or harassment because she or her relatives failed to meet such a demand. This is the classic dowry-harassment limb, though the words are wide enough to cover any unlawful demand for property.

Who can be accused

Only two categories of persons: the husband and the relatives of the husband. A stranger or friend of the family cannot be prosecuted under Section 85, though they may be liable under other provisions. The victim must be the wife (the woman to whom the husband is married).

Punishment and classification

Section 85 provides imprisonment that may extend to three years and the offender “shall also be liable to fine”. That is the same punishment as under IPC 498A, so the BNS has made no change in the sentence.

The classification comes from the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):

Two more points matter in practice:

• Not compoundable. Section 85 does not appear in either table of Section 359 BNSS (compounding of offences), so the parties cannot simply compound it. Settled matrimonial disputes usually reach the High Court for quashing instead.
• Conditional cognizability. The police can register an FIR and investigate without a Magistrate’s order only when the information comes from the persons listed above. This condition was also present in the old CrPC schedule.

What changed and what did not

• The definition and the offence now live in separate sections (85 and 86). The wording of both limbs of cruelty is substantively the same as the old Explanation.
• Punishment, non-bailable status and trial court are the same as before.
• Connected provisions were renumbered: dowry death is now Section 80 BNS (old IPC 304B), abetment of suicide is Section 108 BNS (old IPC 306), and the presumption about abetment of suicide by a married woman within seven years of marriage is now Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (old Section 113A of the Evidence Act). Section 117 BSA expressly borrows the meaning of cruelty from Section 86 BNS.

Key case law

• Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: the Supreme Court directed that arrest is not automatic in offences punishable up to seven years, including 498A cases. Police must record reasons and follow the notice-of-appearance route. Under the BNSS, the notice of appearance is in Section 35.
• Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953: a bench of Justices B.V. Nagarathna and N. Kotiswar Singh quashed a 498A FIR where the allegations against the husband’s relatives were vague and general, without dates or specific acts. The Court cautioned against roping in the whole family without specific accusations.

If you are facing cruelty: practical steps

• Emergency first. If you are in immediate danger, call 112 (the national emergency number) or 181 (women helpline in most states).
• File an FIR. Go to the nearest police station. Because of the zero FIR rule in Section 173 BNSS, you can file it at any police station, even if the cruelty happened elsewhere. You are entitled to a free copy of the FIR.
• Be specific. Write down dates, places, the names of each person and what each one did. Courts quash vague complaints, so detail protects your case.
• Keep evidence. Medical records, photographs, messages, call recordings, bank transfers made under pressure and names of witnesses.
• Civil protection too. The Protection of Women from Domestic Violence Act, 2005 lets you seek protection, residence and maintenance orders from a Magistrate. You can use it alongside a criminal case.
• If the police refuse, send the complaint in writing by post to the Superintendent of Police, and then approach the Magistrate under Section 175(3) BNSS.

Exam angle

• Remember the split: Section 85 is the offence, Section 86 is the definition. Questions often ask which section “defines” cruelty.
• Punishment is up to 3 years and fine. The fine is mandatory (“shall also be liable to fine”).
• Classification trio: cognizable (conditional), non-bailable, Magistrate of the first class. It is non-compoundable.
• Chapter V of the BNS houses offences against woman and child; Section 85 is part of it.
• Link questions: dowry death (80 BNS), abetment of suicide (108 BNS) and the presumption in Section 117 BSA.

All sections in one place: see the IPC to BNS conversion table, the CrPC to BNSS table and the Evidence Act to BSA table.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 85, 86, 80 and 108 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule (classification of offences) and Section 359 (compounding)
• Bharatiya Sakshya Adhiniyam, 2023, Section 117
• Supreme Court of India: Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

Read this in Hindi: हिंदी में पढ़ें

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

The old IPC Section 506 (punishment for criminal intimidation) is now Section 351 of the Bharatiya Nyaya Sanhita, 2023. One section now does the work of three IPC provisions: Section 351(1) defines the offence (old IPC 503), Sections 351(2) and 351(3) punish it (old IPC 506), and Section 351(4) covers anonymous threats (old IPC 507). Simple intimidation carries up to two years, a threat to kill or cause grievous hurt carries up to seven years, and all three punishment clauses are non-cognizable and bailable.

One section in place of three

The IPC spread criminal intimidation across Sections 503, 506 and 507. The BNS consolidates them into Section 351 with four sub-sections. When someone searches “506 IPC in BNS”, the precise answer is Section 351(2) for the basic offence and Section 351(3) for the aggravated form.

What is criminal intimidation? Section 351(1)

A person commits criminal intimidation when he threatens another with injury to that person’s body, reputation or property, or to the body or reputation of someone in whom that person is interested, and does so with one of these intentions:

• to cause alarm to the person threatened; or
• to make that person do something he is not legally bound to do; or
• to make that person omit something he is legally entitled to do, as the means of avoiding the threatened harm.

An Explanation adds that threatening to injure the reputation of a deceased person in whom the threatened person is interested also qualifies. The section’s illustration is easy to remember: A threatens to burn B’s house so that B drops a civil suit. A is guilty of criminal intimidation.

The ingredients in short

• A threat (by words, writing, gestures or conduct).
• Of injury to person, reputation or property of the victim or someone he cares about.
• With the specific intention described above. The intention is the heart of the offence.

Punishment: sub-sections (2), (3) and (4)

Section 351(2): basic intimidation

Imprisonment of either description up to two years, or fine, or both. This is the old first part of IPC 506.

Section 351(3): aggravated intimidation

Up to seven years, or fine, or both, where the threat is:

• to cause death or grievous hurt; or
• to destroy any property by fire; or
• to cause an offence punishable with death, life imprisonment or imprisonment up to seven years; or
• to impute unchastity to a woman.

This matches the old second part of IPC 506. “Jaan se maar denge” type threats fall here.

Section 351(4): anonymous threats

If the threat is made by anonymous communication, or the offender took steps to hide his name or where he lives, he can be given up to two additional years of imprisonment, over and above the punishment for criminal intimidation. This replaces IPC 507 and is directly relevant to threats sent from fake social media profiles or unknown numbers.

Old vs new: mapping and classification

Compounding: under Section 359(1) BNSS, offences under Sections 351(2) and 351(3) may be compounded by the person intimidated, without the court’s permission. Section 351(4) is not listed in the compounding tables.

What changed in the BNS

• Consolidation: three IPC sections are now one section with four sub-sections.
• Punishments unchanged: two years, seven years and the extra two years for anonymity are the same as under the IPC.
• Neighbouring offences renumbered: intentional insult to provoke breach of peace (old IPC 504) is now Section 352 BNS; statements conducing to public mischief (old IPC 505) is now Section 353 BNS. Section 351 and 352 are often charged together, as 504 and 506 were.

Case law to know

• Manik Taneja v. State of Karnataka (2015) 7 SCC 423: the Supreme Court quashed a criminal intimidation case arising from comments posted on the Facebook page of the traffic police. It stressed that a threat must be made with intent to cause alarm. Mere critical or harsh words without that intent do not make out the offence.
• Imran Pratapgadhi v. State of Gujarat, 2025 INSC 410 (decided 28 March 2025): though mainly about FIR registration, the Supreme Court said that where an offence turns on spoken or written words and carries three to seven years, police should generally use the preliminary enquiry route in Section 173(3) BNSS before registering an FIR. This matters because a threat case under Section 351(3) falls in that range, although 351 offences are non-cognizable and usually reach the police through a Magistrate’s order.

Received a threat? Practical steps

• Preserve the threat. Take screenshots with date and time, save call recordings and voice notes, and do not delete chats. For social media, note the profile link.
• Report to the police. Because intimidation is non-cognizable, the officer will record it under Section 174 BNSS and refer you to the Magistrate. If the threat comes with other cognizable offences (for example, extortion, stalking or assault on a woman), an FIR must be registered.
• Online threats: you can also report on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or the helpline 1930.
• Approach the Magistrate. File a complaint before the Judicial Magistrate, who can take cognizance or direct police investigation.
• If the danger is immediate, call 112.

Exam angle

• Mapping: 503 to 351(1), 506 to 351(2) and 351(3), 507 to 351(4).
• 351(3) covers four aggravated threats: death or grievous hurt, fire to property, an offence punishable with death, life or up to 7 years, and imputing unchastity to a woman.
• All punishment clauses are non-cognizable and bailable. 351(2) is triable by any Magistrate; 351(3) and 351(4) by a Magistrate of the first class.
• Intent to cause alarm (or to compel or prevent an act) is essential; this is the Manik Taneja point.
• Old IPC 504 is now Section 352 BNS, not 351.

All sections in one place: see the IPC to BNS conversion table, the CrPC to BNSS table and the Evidence Act to BSA table.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 351, 352 and 353 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule (classification of offences) and Section 359
• Supreme Court of India: Manik Taneja v. State of Karnataka (2015) 7 SCC 423
• Supreme Court of India: Imran Pratapgadhi v. State of Gujarat, 2025 INSC 410

Read this in Hindi: हिंदी में पढ़ें

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the provision on cheating. Sub-section (1) defines cheating, and sub-sections (2), (3) and (4) prescribe punishment of up to 3, 5 and 7 years respectively. Section 318(4) is the new equivalent of the old Section 420 IPC, which covers cheating that dishonestly induces delivery of property.

Where Section 318 fits in the BNS

The BNS came into force on 1 July 2024 and replaced the Indian Penal Code, 1860. Under the IPC, cheating was spread across several sections: Section 415 gave the definition, Section 417 punished simple cheating, Section 418 dealt with cheating a person whose interest the accused was bound to protect, and Section 420 dealt with cheating with delivery of property.

The BNS consolidates all of these into one section with four sub-sections. Cheating by personation, which was Section 416 (definition) and Section 419 (punishment) of the IPC, now sits separately in Section 319 BNS.

The four sub-sections of Section 318

Section 318(1): definition of cheating

A person cheats when, by deceiving someone, he either:

• fraudulently or dishonestly induces the deceived person to deliver property to any person, or to consent that any person shall retain property; or
• intentionally induces the deceived person to do or omit to do something he would not have done or omitted had he not been deceived, where that act or omission causes or is likely to cause “damage or harm to that person in body, mind, reputation or property”.

The Explanation adds that a dishonest concealment of facts is also deception. So silence can amount to cheating when there is a duty to disclose and the facts are hidden dishonestly.

Section 318(2): punishment for simple cheating

Imprisonment of either description up to 3 years, or fine, or both. Under the old Section 417 IPC, the maximum was only 1 year.

Section 318(3): cheating a person whose interest one must protect

This applies when the accused cheats knowing that he is likely to cause wrongful loss to a person whose interest in the transaction he was bound to protect, either by law or by a legal contract. Examples: a trustee, agent or guardian. Punishment: up to 5 years, or fine, or both. The old Section 418 IPC provided up to 3 years.

Section 318(4): cheating and dishonestly inducing delivery of property

This is the aggravated form and the direct successor of Section 420 IPC. It applies when the person cheated is dishonestly induced to deliver property to any person, or to make, alter or destroy a valuable security (or anything signed or sealed that can be converted into a valuable security). Punishment: imprisonment of either description up to 7 years, and the accused “shall also be liable to fine”. Fine is mandatory here, exactly as under Section 420.

IPC 420 vs BNS 318: mapping table

Ingredients the prosecution must prove

For an offence under Section 318, courts look for the following elements:

• Deception: a false representation, or dishonest concealment of facts, made to the victim.
• Inducement: the victim acted (or refrained from acting) because of that deception.
• Fraudulent or dishonest intention at the time of inducement: the guilty mind must exist when the promise or representation is made, not develop later.
• Result: delivery or retention of property, or an act or omission that causes or is likely to cause harm to body, mind, reputation or property.

The third ingredient decides most cheating cases in practice. The Supreme Court has repeatedly held, under the IPC provisions that Section 318 carries forward, that a mere breach of contract is not cheating unless dishonest intention existed from the very beginning of the transaction. In Hridaya Ranjan Prasad Verma v. State of Bihar, (2000) 4 SCC 168, proceedings were quashed because the complaint did not show such intention at inception. The same line appears in V.Y. Jose v. State of Gujarat (2009) and Anil Mahajan v. Bhor Industries Ltd. (2005). Since the language of Section 318 follows Sections 415 to 420 IPC, these precedents continue to guide courts.

Classification: cognizable, bailable and compounding

The First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies the offences as follows:

Section 359 BNSS replaces Section 320 CrPC. Its first table lists offences that can be compounded without the court’s permission, and its second table lists those that need permission. Section 318(2) is in the first table; Sections 318(3) and 318(4) are in the second.

Illustrations in plain words

• A falsely claims to be a government officer and obtains goods on credit he never intends to pay for. This is cheating with delivery of property, so Section 318(4).
• A agrees to supply goods, takes an advance honestly, and later fails because his business collapses. Without dishonest intention at the start, this is a civil dispute, not cheating.

Exam angle

• Section mapping: The most common MCQ is “IPC 420 corresponds to which BNS section?” Answer: Section 318(4). Also remember 415 to 318(1), 417 to 318(2) and 418 to 318(3).
• Enhanced punishment: Judiciary prelims and AIBE like to test which punishments went up: simple cheating from 1 to 3 years and Section 418-type cheating from 3 to 5 years. Section 420-type cheating stays at 7 years with mandatory fine.
• Personation: Cheating by personation is Section 319, not Section 318. Examiners use it as a distractor.
• Civil versus criminal: Judiciary mains and CLAT problem-based questions often give a failed contract and ask whether cheating is made out. Focus on intention at the time of inducement.
• Procedure: UGC NET and judiciary papers ask about compounding: Section 318(2) without permission, Sections 318(3) and 318(4) with permission, under Section 359 BNSS.

All sections in one place: see the IPC to BNS conversion table, the CrPC to BNSS table and the Evidence Act to BSA table.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023: Sections 318 and 319 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023: Section 359 and the First Schedule
• Indian Penal Code, 1860: Sections 415 to 420
• Supreme Court of India: Hridaya Ranjan Prasad Verma v. State of Bihar, (2000) 4 SCC 168

Read this in Hindi: हिंदी में पढ़ें

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

The old IPC Sections 405 to 409 on criminal breach of trust are now combined in Section 316 of the Bharatiya Nyaya Sanhita, 2023. Section 316(1) gives the definition (old IPC 405) and Section 316(2) is the general punishment (old IPC 406), which the BNS has raised from three years to five years. The offence is cognizable, non-bailable and triable by a Magistrate of the first class.

Five IPC sections, one BNS section

The IPC dealt with criminal breach of trust (CBT) in five separate sections. The BNS places all of them in Section 316 as five sub-sections:

• 316(1): definition (old 405)
• 316(2): general punishment (old 406)
• 316(3): CBT by a carrier, wharfinger or warehouse-keeper (old 407)
• 316(4): CBT by a clerk or servant (old 408)
• 316(5): CBT by a public servant, banker, merchant, factor, broker, attorney or agent (old 409)

The definition: Section 316(1)

A person commits criminal breach of trust when he is entrusted with property, or with dominion over property, and then dishonestly does any of the following:

• misappropriates it or converts it to his own use;
• uses or disposes of it in violation of a legal direction prescribing how the trust is to be discharged, or of a legal contract (express or implied) he has made about the trust;
• wilfully allows any other person to do any of the above.

Two ingredients to remember

• Entrustment: the property must have been handed over to, or placed under the control of, the accused in trust. Without entrustment there is no CBT.
• Dishonest misappropriation or misuse: the accused must act dishonestly after receiving the property. A mere failure to repay or a breach of contract is not enough.

Provident fund and ESI deductions

Two Explanations deal with employers. An employer who deducts the employee’s contribution to a provident fund, family pension fund or the Employees’ State Insurance fund from wages is treated as entrusted with that money. If he does not deposit it as the law requires, he is treated as having dishonestly used it. These Explanations were also in IPC 405.

Punishment

• 316(2), general: imprisonment of either description up to five years, or fine, or both. Under IPC 406 the maximum was three years. This is the main change.
• 316(3), carrier, wharfinger, warehouse-keeper: up to seven years and fine.
• 316(4), clerk or servant: up to seven years and fine.
• 316(5), public servant, banker, merchant, factor, broker, attorney or agent: imprisonment for life, or up to ten years, and fine.

Old vs new: mapping and classification

Compounding under Section 359 BNSS

• 316(3) can be compounded by the owner of the property without the court’s permission.
• 316(2) and 316(4) can be compounded by the owner, but only with the permission of the court.
• 316(5) is not compoundable.

What changed in the BNS

• Five sections merged into one with five sub-sections.
• General punishment raised from three years (IPC 406) to five years (BNS 316(2)).
• The aggravated forms keep their old punishments.
• Because the maximum in 316(2) is now five years, the case falls within the three-to-seven-year band in which police may hold a preliminary enquiry with a DSP’s permission under Section 173(3) BNSS before registering an FIR.

CBT or cheating? The question every court asks

Cheating is now Section 318 BNS (old IPC 415 and 420). The difference turns on when the dishonesty begins:

• Cheating: the accused deceives the victim from the start, and the victim hands over property because of that deception.
• CBT: the property is handed over lawfully and honestly; the dishonesty comes later, when the accused misappropriates it.

In Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh, 2024 INSC 626, a bench of Justices J.B. Pardiwala and Manoj Misra explained that the two offences rest on different foundations and generally cannot both be made out on the same set of facts. The Court also repeated that a simple commercial dispute or breach of contract, without dishonest intent, is a civil matter, not a crime.

In Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370, the Supreme Court held that a wife’s stridhan remains her absolute property even when kept with the husband or in-laws, and its dishonest retention can amount to criminal breach of trust. This is why CBT is often charged in matrimonial cases.

If your money or property was misused: practical steps

• Collect proof of entrustment. Agreements, receipts, bank transfers, emails or messages that show the property was handed over for a specific purpose.
• Collect proof of misuse. Demands for return and the refusal, evidence of sale or diversion, and accounts.
• File a written complaint at the police station. CBT is cognizable, so an FIR can be registered. Because of the three-to-seven-year band, the police may first make a preliminary enquiry within 14 days with a DSP’s permission.
• If the police do not act, send the complaint by post to the Superintendent of Police under Section 173(4) BNSS, then approach the Magistrate under Section 175(3), attaching your SP application with an affidavit.
• Consider civil remedies too. A suit for recovery can run alongside a criminal case where the facts support both.

Exam angle

• Mapping: 405 to 316(1), 406 to 316(2), 407 to 316(3), 408 to 316(4), 409 to 316(5).
• Punishment change: IPC 406 was up to 3 years; BNS 316(2) is up to 5 years.
• All punishment clauses are cognizable, non-bailable and triable by a Magistrate of the first class.
• Entrustment is the key ingredient that separates CBT from theft and cheating.
• Compounding: 316(3) without permission; 316(2) and 316(4) with permission; 316(5) not compoundable.

All sections in one place: see the IPC to BNS conversion table, the CrPC to BNSS table and the Evidence Act to BSA table.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 316 and 318 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule, Sections 173, 175(3) and 359
• Supreme Court of India: Delhi Race Club (1940) Ltd. v. State of Uttar Pradesh, 2024 INSC 626
• Supreme Court of India: Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370