IPC 417 in BNS: Find the New Section and What Changed

What Changed From IPC 417 to BNS 318(2)?

Section 417 IPC corresponds to Section 318(2) BNS. While the definition of cheating is retained in Section 318(1) BNS without substantive change, the Bharatiya Nyaya Sanhita, 2023 increases the maximum imprisonment for simple cheating from one year under Section 417 IPC to three years under Section 318(2) BNS. Section 318(2) BNS also permits punishment with fine, or with both.

IPC 417 vs BNS 318(2): Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	417	318(2)
Offence	Punishment for cheating	Same
Punishment	Imprisonment of either description for a term which may extend to one year.	Imprisonment of either description for a term which may extend to three years.
Fine	The court may impose fine alone, or fine in addition to imprisonment.	Same
Bail	Bailable	Same
Cognizance	Non-Cognizable	Same
Compoundable	Compoundable	Same
Triable By	Any Magistrate	Same

IPC 417 and BNS 318(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 417, IPC 1860

417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

BNS 2023 (in force)

Section 318(2), BNS 2023

(2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Ingredients: IPC 417 vs BNS 318(2)

Under IPC 417

The accused committed cheating as defined under Section 415 IPC
The accused deceived a person, either by fraudulent or dishonest inducement to deliver property or consent to the retention of property, or by intentional inducement to do or omit an act causing damage or harm in body, mind, reputation, or property
The dishonest or fraudulent intention existed at the time of the inducement or representation

Under BNS 318(2)

Commission of cheating as defined under Section 318(1) BNS
Deception practiced upon any person inducing delivery of property, consent to retain property, or an act or omission causing damage or harm
Dishonest or fraudulent intention present at the inception of the deception
Punishment under Section 318(2) BNS of imprisonment of either description for up to three years, or with fine, or with both

What IPC 417 to BNS 318(2) Means for Pending Cases

For Section 417 IPC (now Section 318(2) BNS): under Section 318(2) BNS, the maximum term of imprisonment for simple cheating is increased to three years compared to one year under Section 417 IPC, so charges for simple cheating committed under the new Sanhita expose the accused to a higher maximum custodial penalty.

FAQs: IPC 417 to BNS 318(2)

What changed from Section 417 IPC to Section 318(2) BNS?▼

The maximum punishment for simple cheating has been increased. Section 417 IPC provided for imprisonment up to one year, or fine, or both, whereas Section 318(2) BNS provides for imprisonment of either description up to three years, or fine, or both.

Where does Section 417 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 417 IPC is located at Section 318(2) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 417 IPC or Section 318(2) BNS apply to an act done before 1 July 2024?▼

Section 417 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 417 IPC. Section 318(2) BNS governs acts done on or after 1 July 2024.

IPC 417 to BNS 318(2): Punishment for cheating

IPC 417 to BNS 318(2) at a Glance