IPC 423 → BNS 322: False Consideration

Quick Summary: IPC 423 vs BNS 322

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 423 (False Consideration) is one of the IPC's offences against property — theft, extortion, robbery, dacoity, criminal breach of trust, cheating, mischief and criminal trespass. The BNS keeps this structure and adds a distinct provision for snatching, renumbering false consideration as BNS 322.

What did IPC 423 cover?

IPC 423 dealt with false consideration — dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 322: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to false consideration are filed under BNS Section 322, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 322

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: For false consideration, the dividing lines — theft versus extortion, cheating versus breach of trust — decide the charge; confirm the BNS 322 mapping before drafting.
• Police officers: Establish dishonest intention and the manner of taking; a new false consideration FIR cites BNS 322.
• Law students & citizens: With false consideration, value, the manner of taking and any force used determine which property offence applies and how serious it is.