How to File a Cheating Case (Section 318 BNS, old 420 IPC) in India (2026)
How to file a cheating case in India in 2026: what counts as cheating under Section 318 of the Bharatiya Nyaya Sanhita, how it maps to the old Section 420 IPC, the FIR route, the private complaint route, and how to follow the matter once it starts.
How-To Guide · Criminal Complaints
To file a cheating case in India, you report the offence to the police and ask them to register a First Information Report (FIR), or you file a private complaint before a Magistrate if the police do not act. Cheating is now dealt with under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the old Section 415 and Section 420 of the Indian Penal Code. The grade most people mean by a "420 case", cheating along with dishonestly making someone hand over property, is now Section 318(4) of the BNS. This guide explains what counts as cheating, how the old sections map to the new law, how to file through the police or directly in court, and how to track the case afterwards. Last verified October 2026.
- Which law: cheating is Section 318 of the Bharatiya Nyaya Sanhita, 2023, which replaced Sections 415 to 420 of the IPC.
- The "420 case": cheating with dishonest inducement to deliver property is now Section 318(4) BNS, punishable up to 7 years and fine.
- How to file: report to the police for an FIR under Section 173 BNSS, or file a private complaint before the Magistrate if the police do not act.
- Key test: there must be deception and a dishonest intention from the start, not just a deal that later went wrong.
01What counts as cheating
Cheating is defined in Section 318 of the Bharatiya Nyaya Sanhita, 2023. In simple words, a person cheats when they dishonestly or fraudulently deceive someone, and by that deception make the person either hand over property or do or not do something that harms them in body, mind, reputation or money.
Two things must be present. First, there must be deception, a false statement or a false promise made knowing it was false. Second, the person must have had a dishonest intention from the start. A simple broken promise or a business deal that failed is not, by itself, cheating. The line is the dishonest intention at the time the promise was made. For the full definition and ingredients, see cheating under Section 318 BNS explained.
Where the trick is that the accused pretended to be someone else, that is a separate offence, cheating by personation under Section 319 BNS. Where money or goods were handed over in trust and then misused, the right charge may instead be criminal breach of trust under Section 316 BNS.
02Section 420 IPC is now Section 318 BNS
People still say "file a 420 case". Section 420 was the Indian Penal Code provision for cheating together with dishonestly inducing a person to deliver property. From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 replaced the IPC, and cheating moved to Section 318.
| Old IPC section | New BNS section | What it covers |
|---|---|---|
| Section 415 IPC | Section 318(1) BNS | Definition of cheating |
| Section 417 IPC | Section 318(2) BNS | Simple cheating, punishment up to 3 years, or fine, or both |
| Section 418 IPC | Section 318(3) BNS | Cheating a person whose interest the accused was bound to protect |
| Section 420 IPC | Section 318(4) BNS | Cheating and dishonestly inducing delivery of property, up to 7 years and fine |
So the modern "420 case" is a case under Section 318(4) of the BNS. The wording and the seven-year maximum closely follow the old Section 420. This grade is generally treated as a cognizable and non-bailable offence, which means the police can register an FIR and investigate without first getting a court order. For a wider view of what changed, see BNS versus IPC key changes.
03The FIR route: going to the police
For a cognizable offence like Section 318(4), the normal and fastest route is an FIR. An FIR is the First Information Report the police register under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 154 of the old CrPC.
- Where to go: the police station in whose area the cheating took place. If that is far away, you can file a Zero FIR at any police station, and it is then sent to the right station.
- What to say: give the facts plainly, in order, with dates, amounts and names, and attach your proof.
- Your right to a copy: you are entitled to a free copy of the FIR once it is registered.
- If the police refuse: send a written complaint to the Superintendent of Police. If that still fails, the private complaint route below is open to you.
An FIR is not a conviction
Registering an FIR only starts the investigation. The police examine the facts, record statements and, if they find a case, file a charge sheet before the court. To understand that document, see what a charge sheet means.
04The private complaint route
If the police will not register your FIR, or the matter is one the police do not investigate on their own, you can go straight to the Magistrate with a private complaint. The Magistrate can examine you on oath, look at your evidence, and then either take cognizance of the offence or direct the police to investigate.
The private complaint route is slower than an FIR because you build the case yourself, but it keeps the matter alive when the police do not act. Many cheating matters involving business and money start this way. Whether an offence is cognizable, where the police act on their own, or non-cognizable, where court permission is needed first, decides which route fits best; see cognizable versus non-cognizable offences.
05What happens after you file
Once the case starts, it runs through several stages: investigation, the charge sheet or the Magistrate taking cognizance, framing of charges, evidence, arguments and judgment. This can take time, and there will be many hearing dates.
The accused will often apply for bail, and in cheating matters they may seek anticipatory bail before arrest. The practical difficulty for a complainant is simply keeping track of dates and orders across months of hearings, especially if the accused is in one district and you are in another. Missing a date can mean missing a chance to oppose bail or to be heard.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A cheating case runs for months through investigation, charge sheet, bail applications and trial, and it is easy to lose track of the next date. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow your matter by party name and get the next hearing date without checking cause lists by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have treated cheating under Section 318 and the old Section 420 on facts like yours, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your cheating case by party name and follow every hearing, and use case search across Indian courts to find similar rulings.
07Sources and further reading
- India Code (Bharatiya Nyaya Sanhita, 2023 and BNSS, 2023, bare text): indiacode.nic.in
- eCourts (case status of district courts): ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The law and its classification can change, so check the current statute and take advice from an advocate before you act.
08Frequently asked questions
How do I file a cheating or 420 case in India?
Report the offence at the police station that has jurisdiction and ask them to register an FIR under Section 173 of the BNSS. Cheating with dishonest inducement to deliver property, the old 420, is now Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. If the police refuse, write to the Superintendent of Police, and if that fails, file a private complaint before the Magistrate.
What is the new section for 420 IPC?
Section 420 IPC is now Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. It covers cheating and dishonestly inducing a person to deliver property, and the maximum punishment of seven years and a fine is carried over from the old Section 420.
Is a cheating case cognizable and non-bailable?
The serious grade under Section 318(4) is generally treated as cognizable and non-bailable, so the police can register an FIR and investigate without a prior court order, and bail is at the court's discretion. Confirm the classification for the exact sub-section in the First Schedule of the BNSS, as it depends on the grade of cheating.
Can I file a cheating case without going to the police?
Yes. If the police do not register your FIR, you can file a private complaint before the Magistrate, who can examine you on oath and either take cognizance or direct a police investigation. This route is slower but keeps the matter alive.
What is the difference between cheating and criminal breach of trust?
In cheating under Section 318, the accused deceives you from the start so that you part with property. In criminal breach of trust under Section 316, property was first given to the accused honestly, in trust, and then dishonestly misused. The two are different and are usually not charged together on the same facts.
How do I prove cheating?
You must show deception and a dishonest intention present from the beginning. Keep the agreement, messages, receipts, cheques and bank records that show the false promise or representation and the loss you suffered. A deal that merely failed, without dishonest intent, is not cheating.