 "Farewell, Section 420: Why India will remember this IPC provision for years to come")
Goodbye, Section 420. The popular section of the Indian Penal Code (IPC) which found itself embedded in everyday parlance has retired. Section 420 defined cheating and is now listed as Section 318 in the Bharatiya Nyaya Sanhita (BNS).
India’s three new criminal laws kicked in on Monday (July 1). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Criminal Procedure Code (CrPC) and Bharatiya Sakshya Adhiniyam has taken the place of the Indian Evidence Act.
As we bid adieu to IPC’s Section 420, here’s why it will remain iconic.
Section 420 becomes Section 318
Section 420 was introduced by the British in 1860 to tackle the rising fraud and cheating in the newly established British Empire in India.
Section 420 of the IPC states: “Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
This is now replaced by Section 318 of the BNS.
According to this provision, “Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.”
Impact Shorts
More ShortsDeception also includes “dishonest concealment of facts”, as per the explanation of this section.
Section 319 deals with cheating by personation.
Section 319 of the BNS says, “A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.”
The individual personated could be a “real or imaginary person.”
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The legacy of Section 420
Section 420 has become a part of our daily vocabulary. To point out the obvious, some of you might be reading the number as ‘charsau bees’ and not ‘four-twenty’.
Indian films have also played a big role in taking ‘420’ to the masses.
Do you remember Nargis-Raj Kapoor starrer 1955 classic Shree 420? In the movie, Kapoor, a young man from a small town, assumes several identities to make it big in Bombay.
Tabu-Kamal Haasan’s Chachi 420, a remake of Robin Williams’ 1993 movie Mrs Doubtfire, further imprinted ‘420’ into people’s minds. The protagonist disguises himself as a female nanny to be near his child after a divorce.
The hit comedy movie reflected how ‘420’ has become a part of the popular culture in India, associated with cheating.
Besides movies, 420 has also been included in songs. Punjabi rapper Bohemia titled one of his songs Charso Bees.
Giving a nod to Section 420, senior advocate and Rajya Sabha MP Mahesh Jethmalani said during the debate on the three new criminal bills last year, “I have been in [legal] practice for 42 years. Although the old must give way to the new, there are some parts of it we will miss, sir. Section 420 is imprinted in our minds.”
“Sometimes, we were admonished by our parents, who said ‘charsaubeesi maat karo’. We will miss that,” he said at the time.
Section 420 has not completely ceased to exist (as of now). The cheating cases registered before July 1, 2024, will be tried under Section 420 of the IPC, as per News18.
For most of us, ‘420’ will always remind us of fraud and cheating. 318 does not seem to have quite a ring to it.
Reactions to Section 420’s departure
Social media users reacted to the farewell of Section 420.
“420 is No More after 164 Years. Section 420, which became so common in everyday talks, slangs and dialogues of bollywood movies and day-to-day talks is no more with Bharatiya Nyaya Sanhita (BNS) replacing IPC. It’s Section 318 from Now,” a user wrote on X.
“Now so-and-so is no longer 420, they have become 318”, one of the users wrote on X.
Another commented, “Now even proverbs will need to be updated.”
Changes in other sections
Let’s take a look at some other sections of the IPC that have changed in the BNS.
Section 302 of the IPC which deals with punishment for murder is now covered under Section 103 of the Bharatiya Nyaya Sanhita.
Attempt to murder under Section 307 of the IPC is mentioned under Section 109 of the BNS.
Section 375 of the IPC which covered rape is now under Section 63 of the BNS.
The offence of gangrape mentioned in Section 376D of the IPC has become Section 70 (1) of the BNS.
Sexual harassment is now under Section 75 of the Bharatiya Nyaya Sanhita. It was previously covered under Section 354A of the IPC.
Section 356 of the BNS defines defamation, which was previously covered in Section 499 of the IPC.
Sedition has made a comeback in the BNS. The provision was mentioned in Section 124A in the IPC and will now be covered under Section 152 of the BNS.
With inputs from agencies
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