IPC 423 to BNS 322: Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
Section 423 IPC (1860) replaced by Section 322 BNS (2023)
IPC 423 to BNS 322 at a Glance
Section 423 IPC (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration) is now Section 322 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 423 to BNS 322?
Section 423 IPC corresponds to Section 322 BNS. Section 322 BNS reproduces the definition and ingredients of Section 423 IPC regarding execution of transfer instruments containing a false statement of consideration or an untrue recital of beneficiary, but increases the maximum imprisonment from two years under Section 423 IPC to three years under Section 322 BNS. The offence remains punishable with fine, or with both.
IPC 423 vs BNS 322: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 423 | 322 |
| Offence | Dishonest or fraudulent execution of deed of transfer containing false statement of consideration | Same |
| Punishment | Imprisonment of either description for a term which may extend to two years. | 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 423 and BNS 322: Bare Act Text Side by Side
Section 423, IPC 1860
Section 322, BNS 2023
Ingredients: IPC 423 vs BNS 322
- The accused signed, executed, or became a party to a deed or instrument
- The deed or instrument purported to transfer or subject to any charge any property or any interest therein
- The document contained a false statement of consideration for such transfer or charge, or an untrue recital regarding the person for whose use or benefit it was really intended to operate
- The accused acted dishonestly or fraudulently in signing, executing, or becoming a party to that deed or instrument
- Signing, executing, or becoming a party to a deed or instrument of transfer or charge
- Inclusion in the deed of a false statement of consideration or an untrue recital of the intended beneficiary
- Dishonest or fraudulent intention accompanying the transaction
- Punishment under Section 322 BNS of imprisonment of either description for up to three years, or with fine, or with both
What IPC 423 to BNS 322 Means for Pending Cases
FAQs: IPC 423 to BNS 322
What changed from Section 423 IPC to Section 322 BNS?▼
The maximum punishment of imprisonment has increased from two years under Section 423 IPC to three years under Section 322 BNS. The statutory elements defining the offence remain identical.
Where does Section 423 IPC sit in the Bharatiya Nyaya Sanhita?▼
Section 423 IPC is located at Section 322 BNS, in Chapter XVII, Of Offences Against Property, under the heading Of fraudulent deeds and dispositions of property.
Does Section 423 IPC or Section 322 BNS apply to an act done before 1 July 2024?▼
Section 423 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 423 IPC. Section 322 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 ·