How to Get Out of a 420 IPC / 318 BNS Case in India: Detailed Explanation
Section 420 of the Indian Penal Code (IPC) and its corresponding provision under the Bharatiya Nyaya Sanhita (BNS), Section 318, deal with the offense of cheating and dishonestly inducing delivery of property. This is a cognizable, non-bailable, and compoundable offense, meaning the accused may face serious legal consequences, including arrest, trial, and imprisonment of up to seven years along with a fine.
If you are facing a case under Section 420 IPC / 318 BNS, you may have legal remedies available to either quash the FIR, get bail, defend yourself in trial, or seek settlement. Below is a detailed guide explaining how to get out of a 420 IPC / 318 BNS case at different stages of the legal process.
1. Understanding Section 420 IPC / 318 BNS
Before proceeding with legal remedies, it is important to understand what constitutes an offense under Section 420 IPC / 318 BNS.
Key Ingredients of the Offense
To convict someone under Section 420 IPC / 318 BNS, the prosecution must prove:
- Cheating – The accused deceived the victim.
- Dishonest Inducement – The accused induced the complainant to deliver property, money, or any valuable security.
- Fraudulent Intention from the Beginning – The intention to cheat must exist at the time of entering into the transaction.
If any of the above elements are missing, you can argue that the case does not fall under Section 420 IPC / 318 BNS and get relief.
2. Defenses and Legal Remedies to Get Out of a 420 IPC / 318 BNS Case
A. Pre-Trial Remedies (Before Charge Sheet is Filed)
If the case is in its early stage, you can avoid prolonged litigation by adopting the following legal remedies:
1. Quashing of FIR under Section 528 BNSS/482 CrPC
- If the allegations in the FIR are false, frivolous, or vague, you can file a petition in the High Court under Section 528 BNSS/482 CrPC for quashing of the FIR.
- The High Court will quash the FIR if:
- There is no prima facie case against you.
- The dispute is purely civil in nature (e.g., a breach of contract rather than fraud).
- The complaint is motivated, malicious, or based on personal enmity.
Case Law: State of Haryana v. Bhajan Lal (1992) – The Supreme Court laid down guidelines for quashing FIRs in cases where the allegations are vague or fabricated.
2. Filing a Discharge Application
- If the police have filed a charge sheet, you can file a discharge application under Section 239 or 227 CrPC (depending on the court jurisdiction).
- If the court is convinced that there is no sufficient evidence against you, it may discharge you before the trial begins.
3. Seeking Anticipatory Bail (Section 482 BNSS/438 CrPC)
- Since Section 420 IPC / 318 BNS is non-bailable, you can apply for anticipatory bail before arrest.
- The court will grant bail if you prove that:
- The allegations are baseless.
- You are ready to cooperate with the investigation.
- There is no need for custodial interrogation.
Case Law: Sushila Aggarwal v. State (2020) – The Supreme Court ruled that anticipatory bail should not be time-bound unless required by circumstances.
B. During Trial (If Charge Sheet is Filed)
If the charge sheet has been filed and you are facing trial, the following legal defenses can help:
4. Challenge the Evidence
- The prosecution must prove fraudulent intent at the time of the transaction.
- If you can show that the dispute is civil in nature (e.g., a contract dispute), the court may dismiss the charges.
- You can cross-examine the complainant and witnesses to prove inconsistencies in their statements.
5. No Mens Rea (Criminal Intent)
- One of the key ingredients of Section 420 IPC / 318 BNS is the presence of criminal intent from the beginning.
- If you can prove that the transaction was made in good faith, the case may not hold.
- Example: If the complainant gave money as a loan and there was no false promise, it is a civil matter, not a criminal offense.
6. Lack of Independent Witnesses
- If the case is solely based on the complainant’s statement, you can argue that there is no independent witness or supporting evidence.
7. Absence of Financial Loss to the Complainant
- If the complainant has not suffered any financial loss, the court may take a lenient view.
C. Settling the Case (If Applicable)
If the complainant is willing to compromise, you can settle the matter amicably in the following ways:
8. Compound the Offense
- Section 420 IPC / 318 BNS is a compoundable offense (only with the court’s permission).
- If the complainant is ready to withdraw the case, you can file a compromise petition before the trial court under Section 320 CrPC.
9. Repayment of Money (If a Monetary Dispute Exists)
- If the case involves a monetary dispute, you can offer to settle the amount to the complainant.
- Courts may consider this as a ground for quashing the FIR in the interest of justice.
Case Law: Gian Singh v. State of Punjab (2012) – The Supreme Court ruled that criminal cases involving financial transactions can be quashed if the parties settle the matter.
3. Practical Steps to Take Immediately
If you are facing a 420 IPC / 318 BNS case, follow these steps to protect yourself:
✅ Hire a criminal lawyer – A legal expert can assess your case and recommend the best course of action.
✅ Gather evidence – Collect all documents, emails, messages, or agreements that prove your innocence.
✅ Apply for anticipatory bail – To avoid arrest, file for bail under Section 482 BNSS/438 CrPC.
✅ File a quashing petition (if applicable) – If the case is false or baseless, move the High Court.
✅ Negotiate a settlement (if possible) – If the complainant is willing, explore options for an amicable resolution.
4. FAQs on Section 420 IPC / 318 BNS Cases
Q1. Can I get bail in a 420 IPC / 318 BNS case?
Yes, but since it is a non-bailable offense, you need to apply for anticipatory bail before arrest or regular bail after arrest.
Q2. Can a false 420 IPC / 318 BNS case be quashed?
Yes, if the case is false, you can approach the High Court under Section 528 BNSS/482 CrPC to get the FIR quashed.
Q3. Is a 420 IPC / 318 BNS case a criminal or civil offense?
It is a criminal offense, but if the dispute is purely about money or contract, it should be treated as a civil dispute.
Q4. How long does a 420 IPC / 318 BNS case take to resolve?
It depends on the court and complexity of the case. Cases may take several months to years unless quashed or settled early.
Q5. Can I go abroad if a 420 IPC / 318 BNS case is pending against me?
Your passport may be impounded, and you may need court permission to travel abroad.
Conclusion
Getting out of a 420 IPC / 318 BNS case requires a strategic legal approach, including quashing the FIR, seeking bail, proving lack of criminal intent, or settling the dispute. Consulting an experienced criminal lawyer is crucial to navigate the case effectively and protect your rights.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304