BNS 2023 Sections Used in Cyber Crime Cases
BNS cyber crime sections explained: cheating s.318, personation s.319, extortion s.308, stalking s.78, forgery, intimidation, defamation and BNSS Zero FIR.
In short
- Since 1 July 2024 the Bharatiya Nyaya Sanhita has replaced the IPC; cyber cases now cite BNS sections alongside the IT Act.
- Section 318 (cheating, up to 7 years when property is delivered) is the backbone of nearly every online-fraud FIR.
- Sections 319 and 204 cover impersonation, including the fake officers of digital arrest; section 308 covers extortion, including sextortion and ransom demands.
- Sections 78, 79, 351 and 356 carry stalking, insult to modesty, intimidation and defamation cases.
- Under the BNSS, any station must register a Zero FIR, and a magistrate can order an investigation under section 175(3) if police refuse.
Who this is for: Victims reading their FIR, people about to file one, and students or journalists who want to know which provisions of the new criminal code actually appear in cyber cases.
Open any cyber fraud FIR registered after 1 July 2024 and you will see two sets of numbers: a few from the IT Act and several from the Bharatiya Nyaya Sanhita. The BNS cyber crime sections are the ones that describe the harm, cheating, extortion, impersonation, stalking, and they usually carry the heavier sentence. This guide explains each one in plain words, with the fact pattern it fits and the procedure in the BNSS that gets the case registered.
Section numbers and punishments are quoted for orientation. The consolidated text is on indiacode.nic.in; check it before relying on any number here in a police station or a court.
Why the BNS matters in a cyber case
The IT Act 2000 was written around methods: using a computer to impersonate, using a password fraudulently, publishing obscene material online. Its fraud sections carry up to three years. The BNS, like the IPC before it, is written around results: someone was cheated out of property, someone was put in fear and paid, someone was threatened. Its cheating and extortion sections carry up to seven years. A complaint that cites only the IT Act undersells the case; one that cites both is complete. Our explainer on the IT Act 2000 covers the method side; this post covers the harm side.
The BNS cyber crime sections, in one table
| BNS section | What it requires | Typical cyber case | Punishment (orientation) |
|---|---|---|---|
| 318 (cheating) | Deceiving a person so they deliver property or do something they would not otherwise do. Sub-section (4) covers dishonest inducement to deliver property. | Every online fraud: UPI, OTP, fake trading app, task scam, job scam. | Up to 7 years and fine under s.318(4). |
| 319 (cheating by personation) | Cheating by pretending to be another person, real or imaginary. | Fake bank officer, fake customs, fake friend on WhatsApp, matrimonial profiles. | Up to 5 years, or fine, or both. |
| 308 (extortion) | Putting a person in fear of injury and thereby dishonestly inducing them to deliver property. | Digital arrest, sextortion, loan-app threats, ransomware demands. | Up to 7 years and fine. |
| 204 (personating a public servant) | Pretending to hold a public office and acting in that pretended character. | The "CBI officer" or "cyber cell" on a video call. | Up to 3 years, or fine, or both. |
| 336 (forgery) | Making a false document or electronic record to cause damage or support a claim. | Fake arrest warrants, forged SEBI certificates, forged KYC for a SIM or loan. | Up to 2 years; up to 7 years where forgery is for cheating. |
| 351 (criminal intimidation) | Threatening injury to person, reputation or property to cause alarm or compel an act. | Threats to leak photos, to "send police", to harm family. Anonymous threats attract an added term. | Up to 2 years; up to 7 years for threats of death, grievous hurt or serious offences. |
| 356 (defamation) | Publishing an imputation intending to harm reputation. | Fake profiles, morphed images with captions, defamatory posts. | Up to 2 years simple imprisonment, fine, community service, or combinations. |
| 78 (stalking) | Following or contacting a woman despite clear disinterest, or monitoring her use of the internet, email or electronic communication. | Repeated messages across platforms, tracking, obsessive contact. | Up to 3 years and fine (first); up to 5 years (second). |
| 79 (insulting modesty) | Word, gesture or act intended to insult the modesty of a woman. | Obscene messages, comments, unsolicited images. | Up to 3 years simple imprisonment and fine. |
Two further provisions appear in larger cases. Section 111 defines organised crime to include continuing unlawful activity by a syndicate, and the definition expressly mentions cyber crimes; it is used against scam networks and mule-account rings, with severe penalties. Section 316 (criminal breach of trust) appears where an employee or agent diverted funds or data entrusted to them.
Matching sections to a fact pattern
The fake trading app
A man in Surat deposits ₹12 lakh over three months into an app recommended by a Telegram group, sees paper profits, and is told to pay "tax" to withdraw. Cheating under section 318(4), because property was delivered on a false representation; cheating by personation under section 319 if the "adviser" used a real firm's name; forgery under section 336 for the fake SEBI certificate; IT Act sections 66C and 66D for the method; and, where a syndicate is shown, section 111. The SEBI Act and the BUDS Act may add charges, as set out on our investment scams page.
The digital arrest
A retired teacher in Lucknow is kept on video for two days and transfers her savings to a "verification account". Extortion under section 308, because fear was the lever; personation of a public servant under section 204; cheating by personation under section 319; forgery under section 336 for the "arrest warrant" shown on screen; IT Act 66D. The full pattern and the first-hour steps are on our digital arrest page and in the explainer.
Sextortion
Extortion under section 308 for the demand; criminal intimidation under section 351 for the threat; IT Act 66E for the recording; 67 or 67A for the material; and POCSO plus IT Act 67B if the victim is under eighteen.
Write the sections into your complaint. A complaint that says "I was cheated under BNS section 318(4) and section 319, and IT Act sections 66C and 66D" is harder to turn into a "civil dispute" at the counter than one that just says "I lost money". (Orientation only; verify at indiacode.nic.in.)
The BNSS: getting the case registered
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Criminal Procedure Code on the same day as the BNS. Four of its provisions matter to a cyber victim.
- Section 173(1): Zero FIR and electronic information. Information about a cognisable offence can be given to any police station irrespective of where the offence occurred, and it can be given electronically, in which case it must be signed within three days. The receiving station registers it and transfers it to the station with jurisdiction.
- Section 173(3): preliminary enquiry. For offences punishable with three to seven years, the police may conduct a preliminary enquiry within fourteen days before registering an FIR. Cyber fraud under section 318(4) falls in that band, which is why some stations ask for time; the enquiry is not a refusal.
- Section 173(4): refusal. If a station refuses, send the substance of your complaint in writing to the Superintendent of Police, who can investigate or direct the station to.
- Section 175(3): the magistrate. A magistrate can order the police to register and investigate. This is the route when both the station and the Superintendent have stalled.
After registration, section 94 lets the police summon documents and electronic records, including from banks and platforms, and section 503 is the provision under which frozen money is released to a victim on a magistrate's order. The step-by-step version, including what to carry, is in our guide to filing an FIR for cyber fraud, and the court stage is in how to file a cyber crime case in court.
What to do with this
Before you go to the station, write a one-page complaint that states the facts in order, the amount and dates, and the sections that fit, using the table above. Attach the cybercrime.gov.in acknowledgement and your evidence sheet. If the station will not register, note the refusal and use sections 173(4) and 175(3) in that order. The section-wise punishment table gives the full set of penalties across the IT Act, BNS and special laws; the glossary explains the terms. If you want the complaint drafted and the escalation handled, our FIR and complaints support does that at a fixed fee; for professionals, our cyber law programme works through the four statutes section by section.
Frequently asked questions
Which BNS sections apply to a UPI or OTP fraud?
Section 318(4), cheating and dishonestly inducing delivery of property, is the main one, with up to seven years and a fine. If the caller posed as a bank or an official, section 319 (cheating by personation) is added. The IT Act sections 66C and 66D usually accompany them. Sections are quoted for orientation; verify at indiacode.nic.in.
What sections apply to a digital arrest scam?
Extortion under section 308, because money is obtained by putting the victim in fear; cheating by personation under section 319; and personating a public servant under section 204, because the caller claimed to be police, CBI or a court. IT Act section 66D is added for the use of a computer resource. A standalone offence has been proposed but, as of 2026, not enacted.
Is sextortion covered by the BNS?
Yes. The demand for money under threat of publishing images is extortion under section 308, and the threat itself is criminal intimidation under section 351. The IT Act adds section 66E for the privacy violation and section 67 or 67A for the material. If the victim is a minor, POCSO and IT Act section 67B apply as well.
What is a Zero FIR and where is it in the BNSS?
A Zero FIR is an FIR registered by a police station that does not have territorial jurisdiction, which then transfers it to the station that does. Section 173 of the Bharatiya Nagarik Suraksha Sanhita provides for information about a cognisable offence to be registered irrespective of the area where it occurred. Any station must register it; refusal can be escalated.
The police refuse to register my complaint. What does the BNSS allow?
Under section 173(4), a person refused registration can send the substance of the information in writing to the Superintendent of Police, who can investigate or direct it. Under section 175(3), a magistrate can order the police to register and investigate. Keep the refusal, or the fact of it, in writing; it is the basis of both applications.
If you want help with this
- Legal support for FIRs and cyber complaints · The complaint is drafted, the sections are right and the police have no reason to send you away. FIR drafting, cyber cell complaints, escalation when nothing moves, and referral to a lawyer when it is time.
- Cyber law: IT Act 2000, BNS 2023, DPDP 2023, BSA 2023 · training · A two-day course for lawyers, compliance officers, HR and police on the four statutes that govern cyber crime and data in India, taught through cases, drafting exercises and the questions each profession actually faces.
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