How to Defend Yourself Against a 420 IPC / 318 BNS Case in India

How to Defend Yourself Against a 420 IPC / 318 BNS Case in India

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by

Sudhir Rao, Advocate at Supreme Court of India
in
Sudhir Rao

How to Defend Yourself Against a 420 IPC / 318 BNS Case in India

Facing a case under Section 420 of the Indian Penal Code (IPC) or its equivalent under the Bharatiya Nyaya Sanhita (BNS), Section 318, can be daunting. These provisions criminalize cheating and dishonestly inducing the delivery of property — offenses that are cognizable, non-bailable, and compoundable, carrying penalties of up to seven years of imprisonment and a fine.

However, if you find yourself implicated under Section 420 IPC / 318 BNS, various legal remedies exist — from quashing the FIR to defending yourself during trial or seeking settlement. Here’s a structured, detailed roadmap to navigate and possibly get out of such a case:

1. Understanding Section 420 IPC / 318 BNS

Before exploring remedies, it’s crucial to grasp what constitutes an offense under these sections.

Key Ingredients of the Offense:

To secure a conviction under Section 420 IPC / 318 BNS, the prosecution must establish:

  • Cheating: The accused deceived the victim.
  • Dishonest Inducement: The victim was induced to deliver property, money, or valuable security.
  • Fraudulent Intention at Inception: The accused had fraudulent intent at the time of the transaction.

⚡ Defense Tip: If any of these ingredients are absent, it can be a strong ground for relief.

2. Legal Defenses and Remedies to Exit a 420 IPC / 318 BNS Case

A. Pre-Trial Remedies (Before Charges Are Framed)

1. Quashing the FIR (Section 528 BNSS / 482 CrPC)

  • If the FIR is false, vague, or malicious, approach the High Court seeking quashing.
  • Courts quash FIRs where:
    • No prima facie offense is made out.
    • The dispute is essentially civil (e.g., contractual disagreements).
    • Allegations are motivated by personal rivalry.

Case Law Reference: State of Haryana v. Bhajan Lal (1992) – Set the foundation for FIR quashing in baseless cases.

2. Filing a Discharge Application

  • If the police have filed a chargesheet, you can move for discharge under Section 239 or 227 CrPC.
  • If evidence is insufficient, the court may discharge you without proceeding to trial.

3. Seeking Anticipatory Bail (Section 482 BNSS / 438 CrPC)

  • Apply for anticipatory bail to avoid arrest.
  • You must demonstrate:
    • Baseless allegations,
    • Willingness to cooperate with the investigation,
    • No requirement for custodial interrogation.

Case Law Reference: Sushila Aggarwal v. State (2020) – Supreme Court emphasized that anticipatory bail need not be time-bound unless explicitly specified.

B. Defense During Trial

4. Challenge the Prosecution’s Evidence

  • Highlight the absence of fraudulent intent.
  • Establish that the matter is civil, not criminal.
  • Use cross-examination to expose contradictions and weaknesses in the complainant’s case.

5. Absence of Criminal Intent (Mens Rea)

  • Prove there was no fraudulent intention when the transaction occurred.
  • Example: A failed loan repayment without false promises points to a civil breach, not a criminal offense.

6. Lack of Independent Evidence

  • Argue that the case rests solely on the complainant’s statement without corroboration.

7. No Financial Loss

  • If the complainant hasn’t suffered any actual financial loss, the court may treat the offense with leniency.

C. Settlement (Where Possible)

8. Compounding the Offense (With Court Permission)

  • Section 420 IPC / 318 BNS are compoundable offenses (subject to court approval).
  • Both parties can submit a joint petition under Section 320 CrPC to close the case amicably.

9. Settlement through Repayment

  • If a monetary dispute exists, you can offer to repay or settle the amount.
  • Courts have quashed criminal proceedings in cases where disputes are amicably resolved.

Case Law Reference: Gian Singh v. State of Punjab (2012) – Supreme Court held that financial transaction disputes may be quashed upon settlement.

3. Immediate Practical Steps If You Are Booked Under 420 IPC / 318 BNS

✅ Hire a skilled criminal lawyer – Immediate professional legal advice is critical.

✅ Gather evidence – Collect all communications, agreements, or documents supporting your defense.

✅ Apply for anticipatory bail – Protect yourself from arrest early.

✅ File a quashing petition – If the allegations are false or frivolous.

✅ Explore settlement – If possible, resolve the dispute with the complainant at an early stage.

4. Frequently Asked Questions (FAQs) regarding How to Defend Yourself Against a 420 IPC / 318 BNS Case in India

Q1. Can I get bail in a 420 IPC / 318 BNS case?

➔ Yes. Anticipatory bail can be sought before arrest, or regular bail after arrest.

Q2. Can a false 420 IPC / 318 BNS case be quashed?

➔ Absolutely. High Courts have the authority to quash false or malicious FIRs under Section 528 BNSS / 482 CrPC.

Q3. Is a 420 IPC / 318 BNS case civil or criminal?

➔ It is a criminal case. However, if the dispute purely relates to money or contracts, it can be argued as a civil matter.

Q4. How long does such a case take to resolve?

➔ Resolution may take months to years, depending on court workload and case complexity.

Q5. Can I travel abroad if a 420 IPC / 318 BNS case is pending?

➔ Your passport may be seized. You will likely need court permission to travel internationally.

Conclusion

Successfully defending a 420 IPC / 318 BNS case requires a smart, multi-pronged legal strategy — whether through quashing, bail, challenging criminal intent, or amicable settlement. Always consult an experienced criminal lawyer who can tailor a defense strategy specific to your facts and circumstances.

⚖️ Disclaimer: This guide is for informational purposes only and does not substitute formal legal advice. Always consult a qualified lawyer for advice tailored to your situation.

How to Defend Yourself Against a 420 IPC / 318 BNS Case in India
How to Defend Yourself Against a 420 IPC / 318 BNS Case in India
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