IPC 422 in BNS: Find the New Section and What Changed

What Changed From IPC 422 to BNS 321?

Section 422 IPC corresponds to Section 321 BNS. Section 321 BNS reproduces the text and penalties of Section 422 IPC without substantive change, retaining imprisonment of either description for a term extending up to two years, or with fine, or with both, with no mandatory minimum period of imprisonment. The provision sits in Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 under the heading Of fraudulent deeds and dispositions of property.

IPC 422 vs BNS 321: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	422	321
Offence	Dishonestly or fraudulently preventing debt being available for creditors	Same
Punishment	Imprisonment of either description for a term which may extend to two years.	Same
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 422 and BNS 321: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 422, IPC 1860

422. Dishonestly or fraudulently preventing debt being available for creditors.—Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

BNS 2023 (in force)

Section 321, BNS 2023

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ingredients: IPC 422 vs BNS 321

Under IPC 422

A debt or demand was due to the accused himself or to any other person
The debt or demand was one that would according to law be available for the payment of the debts of the accused or of such other person
The accused prevented that debt or demand from being made available according to law for such payment
The accused acted dishonestly or fraudulently in preventing the availability of the debt or demand

Under BNS 321

Existence of a debt or demand due to the accused or another person
Availability of that debt or demand according to law for satisfaction of debts
Prevention of that availability by the accused acting dishonestly or fraudulently
Punishment under Section 321 BNS of imprisonment of either description for up to two years, or fine, or both

What IPC 422 to BNS 321 Means for Pending Cases

For Section 422 IPC (now Section 321 BNS): under Section 321 BNS, proceedings for dishonestly preventing a debt or demand from being made available to satisfy creditors cite Section 321 BNS instead of Section 422 IPC, applying the same statutory standards and sentencing range.

FAQs: IPC 422 to BNS 321

What changed from Section 422 IPC to Section 321 BNS?▼

Section 321 BNS retains the exact wording and punishment structure of Section 422 IPC without substantive change, providing imprisonment of either description up to two years, or fine, or both.

Where does Section 422 IPC sit in the Bharatiya Nyaya Sanhita?▼

Section 422 IPC is located at Section 321 BNS, in Chapter XVII, Of Offences Against Property, under the heading Of fraudulent deeds and dispositions of property.

Does Section 422 IPC or Section 321 BNS apply to an act done before 1 July 2024?▼

Section 422 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 422 IPC. Section 321 BNS governs acts done on or after 1 July 2024.

IPC 422 to BNS 321: Dishonestly or fraudulently preventing debt being available for creditors

IPC 422 to BNS 321 at a Glance