Cyber Fraud Under the Bharatiya Nyaya Sanhita (BNS)
IPC 420 is now BNS 318. Here is every section a cyber fraud FIR is likely to carry.
From 1 July 2024 the Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The Code of Criminal Procedure gave way to the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Indian Evidence Act to the Bharatiya Sakshya Adhiniyam (BSA) on the same day. Cyber fraud cases are rarely booked under the IT Act alone; the cheating, forgery and extortion sections of the general criminal law sit alongside it in almost every FIR.
Most of the substance carried over, but the section numbers changed completely. Bank staff will still see IPC numbers in older FIRs, court orders and the IIBF courseware, so you need both. Under the BNS's own savings clause (section 358), offences committed before 1 July 2024 are still punished under the IPC.
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IPC to BNS: The Sections Used in Cyber Fraud
Cheating and dishonestly inducing delivery of property
Old IPC section
420
BNS section
318(4)
Maximum under BNS
7 years and fine
Cheating by personation
Old IPC section
419
BNS section
319(2)
Maximum under BNS
5 years, or fine, or both
Criminal breach of trust (general)
Old IPC section
406
BNS section
316(2)
Maximum under BNS
5 years, or fine, or both
Criminal breach of trust by a clerk or servant
Old IPC section
408
BNS section
316(4)
Maximum under BNS
7 years and fine
Criminal breach of trust by a banker, public servant or agent
Old IPC section
409
BNS section
316(5)
Maximum under BNS
Life, or up to 10 years, and fine
Forgery, including of an electronic record
Old IPC section
463, 465
BNS section
336(1), 336(2)
Maximum under BNS
2 years, or fine, or both
Forgery for the purpose of cheating
Old IPC section
468
BNS section
336(3)
Maximum under BNS
7 years and fine
Forgery of a valuable security
Old IPC section
467
BNS section
338
Maximum under BNS
Life, or up to 10 years, and fine
Using a forged document or electronic record as genuine
Old IPC section
471
BNS section
340(2)
Maximum under BNS
Same as for forgery
Extortion
Old IPC section
383, 384
BNS section
308(1), 308(2)
Maximum under BNS
7 years, or fine, or both
Dishonestly receiving stolen property
Old IPC section
411
BNS section
317(2)
Maximum under BNS
3 years, or fine, or both
Criminal conspiracy
Old IPC section
120B
BNS section
61(2)
Maximum under BNS
Depends on the offence conspired
Stalking, including monitoring a woman's internet or email use
Old IPC section
354D
BNS section
78
Maximum under BNS
3 years and fine (first conviction)
Criminal intimidation
Old IPC section
503, 506
BNS section
351
Maximum under BNS
2 years, or fine, or both (basic offence)
| Offence | Old IPC section | BNS section | Maximum under BNS |
|---|---|---|---|
| Cheating and dishonestly inducing delivery of property | 420 | 318(4) | 7 years and fine |
| Cheating by personation | 419 | 319(2) | 5 years, or fine, or both |
| Criminal breach of trust (general) | 406 | 316(2) | 5 years, or fine, or both |
| Criminal breach of trust by a clerk or servant | 408 | 316(4) | 7 years and fine |
| Criminal breach of trust by a banker, public servant or agent | 409 | 316(5) | Life, or up to 10 years, and fine |
| Forgery, including of an electronic record | 463, 465 | 336(1), 336(2) | 2 years, or fine, or both |
| Forgery for the purpose of cheating | 468 | 336(3) | 7 years and fine |
| Forgery of a valuable security | 467 | 338 | Life, or up to 10 years, and fine |
| Using a forged document or electronic record as genuine | 471 | 340(2) | Same as for forgery |
| Extortion | 383, 384 | 308(1), 308(2) | 7 years, or fine, or both |
| Dishonestly receiving stolen property | 411 | 317(2) | 3 years, or fine, or both |
| Criminal conspiracy | 120B | 61(2) | Depends on the offence conspired |
| Stalking, including monitoring a woman's internet or email use | 354D | 78 | 3 years and fine (first conviction) |
| Criminal intimidation | 503, 506 | 351 | 2 years, or fine, or both (basic offence) |
What Is New in the BNS
These have no direct IPC equivalent and matter for organised cyber fraud.
- check_circleSection 111, organised crime: a continuing unlawful activity by a syndicate, which the section expressly says includes cyber-crimes and economic offences. 'Economic offence' covers any act done to defraud a bank or financial institution. Punishment is at least 5 years and up to life, with a fine of at least ₹5 lakh, where no death results. Being a member of a syndicate is itself punishable.
- check_circleSection 112, petty organised crime: theft or cheating by a member of a group or gang. Its explanation names theft through card skimming and theft of an ATM. Punishment is 1 to 7 years and fine.
- check_circleElectronic records are now inside the core definitions. 'Document' in section 2(8) includes electronic and digital records, and the forgery sections (335, 336, 340) speak of false electronic records and electronic signatures throughout.
- check_circleThe extortion section carries a new illustration of a threat sent through an electronic device, the shape of a sextortion or fake digital arrest call.
Matching a Fraud to the Sections Police Use
- Fake KYC call, OTP shared, account emptied
- IT Act 66C and 66D, with BNS 318(4) cheating and 319 cheating by personation.
- Skimmer found on an off-site ATM
- IT Act 43 and 66, with BNS 112 if a gang is involved and 318(4) for the withdrawals.
- Branch employee misappropriates a customer's deposit
- BNS 316(4) or 316(5), with IT Act 66 if records were altered on the core banking system.
- Forged mandate or e-document used to transfer funds
- BNS 336(3) forgery for cheating and 340(2) using a forged electronic record.
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Evidence: Section 65B Is Now BSA Section 63
Electronic records such as CCTV footage, server logs and email printouts are admitted under section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced section 65B of the Indian Evidence Act. The idea is the same: computer output is treated as a document if the section's conditions are met, which is why banks preserve logs and certify them properly.
How the IIBF Exam Tests This
- check_circleOld-for-new matching: 'IPC section 420 corresponds to which BNS section?' The answer is 318, with 318(4) the specific sub-section.
- check_circleCommencement date: 1 July 2024, for all three new criminal laws.
- check_circleThe courseware is the 2025 edition and may still cite IPC numbers. If an option offers the BNS number for the same offence, both describe the same law; read the question for which code it asks about.
- check_circleNot everything moved: IT Act sections keep their numbers. Only the IPC, CrPC and Evidence Act were replaced.
FAQs
What is the BNS section for online fraud?expand_more
There is no single 'online fraud' section. Cheating is section 318 (318(4) where property is delivered, up to 7 years), and cheating by personation is section 319. Police usually add IT Act sections 66C or 66D.
Which BNS section replaced IPC 420?expand_more
Section 318 of the Bharatiya Nyaya Sanhita, 2023. Section 318(4) covers cheating that induces delivery of property, with up to 7 years and fine.
Does the BNS mention cyber crime?expand_more
Yes. Section 111 lists cyber-crimes as a form of organised crime when committed by a syndicate, and section 112 names card skimming and ATM theft in its explanation of petty organised crime.
When did the BNS replace the IPC?expand_more
On 1 July 2024, together with the BNSS (replacing the CrPC) and the BSA (replacing the Indian Evidence Act).
Next steps
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