IPC 418→BNS 318(3)

IPC 418 to BNS 318(3): Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

Section 418 IPC (1860) replaced by Section 318(3) BNS (2023)

View IPC Section 418 →View BNS Section 318(3) →

IPC 418 to BNS 318(3) at a Glance

Section 418 IPC (Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect) is now Section 318(3) BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 418 to BNS 318(3)?

Section 418 IPC corresponds to Section 318(3) BNS. Section 318(3) BNS retains the statutory ingredients of cheating a person whose interest the offender was bound by law or contract to protect, but increases the maximum term of imprisonment from three years under Section 418 IPC to five years under Section 318(3) BNS. The offence remains punishable with fine, or with both.

IPC 418 vs BNS 318(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section418318(3)
OffenceCheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protectSame
PunishmentImprisonment of either description for a term which may extend to three years.Imprisonment of either description for a term which may extend to five years.
FineThe court may impose fine alone, or fine in addition to imprisonment.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 418 and BNS 318(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 418, IPC 1860

418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.—Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
BNS 2023 (in force)

Section 318(3), BNS 2023

(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Ingredients: IPC 418 vs BNS 318(3)

Under IPC 418
  1. The accused committed cheating as defined under Section 415 IPC
  2. The accused was bound, either by law or by a legal contract, to protect the interest of a person in the transaction to which the cheating relates
  3. The accused had knowledge that his cheating was likely thereby to cause wrongful loss to that person whose interest he was bound to protect
Under BNS 318(3)
  1. Commission of cheating within the statutory meaning of Section 318(1) BNS
  2. Existence of a legal or contractual obligation upon the accused to protect the interest of a person in the transaction
  3. Knowledge on the part of the accused that cheating was likely to cause wrongful loss to that protected person
  4. Punishment under Section 318(3) BNS of imprisonment of either description for up to five years, or with fine, or with both

What IPC 418 to BNS 318(3) Means for Pending Cases

For Section 418 IPC (now Section 318(3) BNS): under Section 318(3) BNS, the maximum custodial punishment for cheating by a person bound to protect the other party's interest increases to five years compared to three years under Section 418 IPC, so post-transition conduct carries a heavier penal sanction.

FAQs: IPC 418 to BNS 318(3)

What changed from Section 418 IPC to Section 318(3) BNS?▼

The primary change is the maximum imprisonment, which has been increased from three years under Section 418 IPC to five years under Section 318(3) BNS. The essential ingredients of the offence remain unchanged.

Where does Section 418 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 418 IPC is located at Section 318(3) BNS, in Chapter XVII, Of Offences Against Property.

Does Section 418 IPC or Section 318(3) BNS apply to an act done before 1 July 2024?▼

Section 418 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 418 IPC. Section 318(3) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·