Retired But Not Forgotten: Why Section 420 Lives On Even After 164 Years

New Delhi: In a historic change, Section 420 of the Indian Penal Code (IPC), perhaps the most iconic section of the IPC, has been retired as of Monday, July 1, following the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023. This marks the end of a 164-year era since the IPC was established in 1860. "Now so-and-so is no longer 420, they have become 318," quipped a user on X, reacting to the updated penal sections. The user's remark highlights the cultural shift brought about by this legal change.

Section 420, which dealt with cheating and dishonesty, was a cornerstone of India's criminal justice system. Its influence extended far beyond the legal domain, embedding itself deeply in Indian popular culture. The term "420" became synonymous with cunning or deceitful behaviour, frequently used by politicians to accuse opponents of dishonesty.

The change has prompted reactions on social media, with users humorously noting the need to update popular proverbs. One user commented, "Even proverbs will need updating," underscoring the section's ubiquitous presence in everyday conversations.

Section 420 Was Not Limited to India 

The reach of Section 420 was not limited to India. It also found its place in the Pakistan Penal Code, addressing similar issues of cheating and dishonesty, derived from the colonial IPC. With the BNS now replacing the IPC, this chapter of shared legal heritage has closed, ushering in a new era for India's legal system.

Bollywood And Its Obsession With Section 420

The 1955 Bollywood movie "Shree 420" thrust a specific section of the Indian Penal Code, Section 420, into the cultural limelight.  The film follows a protagonist who juggles various identities to survive in bustling Bombay. He ultimately chooses honesty and returns to his moral compass.

But "Shree 420" wasn't the end of Section 420's pop culture journey.  In 1997, Bollywood cleverly referenced it again. The remake of Robin Williams' "Mrs. Doubtfire" was titled "Chachi 420," where Kamal Haasan portrays a man disguised as a nanny named Lakshmi Godbole.

The term even made its way into music. Punjabi pop star Bohemia included "Section 420" in the title of one of his songs.

‘Will Miss IPC Section 420’

Earlier senior advocate and nominated MP Mahesh Jethmalani told the Rajya Sabha that he will miss some parts of the Indian Penal Code (IPC), especially section 420 which is imprinted in everyone's mind.  "I have been in (the 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", Jethmalani had said.

"It became part of Bollywood and there was a movie with Raj Kapoor called 'Shree 420'. Sometimes, we were admonished by our parents, who said 'charsaubeesi maat karo'. We will miss that. This bill must ring in changes for the new generation. It has and I welcome it," he had stated. 

Section 420 of The Indian Penal Code (IPC)

Introduced in 1860, Section 420 of the Indian Penal Code was created to combat the rising tide of fraud and cheating in the British Empire's newly established Indian territories. Over the years, it has been invoked in countless cases involving cheating, forgery, and other fraudulent activities.

The retirement of Section 420 marks the end of an era, yet its cultural significance is unlikely to fade soon. It remains to be seen if Section 318 will resonate as strongly as 420 did whenever a Bollywood cop catches a cunning cheater.

What Will Happen to Cases Under Section 420?

With the replacement of Section 420 of the Indian Penal Code (IPC) by Section 318 of the Bharatiya Nyaya Sanhita (BNS), there are questions about the fate of existing cases. Section 318 of the BNS addresses cheating and deceit, prescribing a maximum punishment of seven years of imprisonment or a fine.

Cases filed under Section 420 of the IPC before July 1, 2024, will continue to be tried under that section until a clear verdict is reached. For cases filed from July 1 onwards, Section 318 of the BNS will be applied. This ensures a smooth transition and clarity in the handling of ongoing and new cases. 

Bharatiya Nyaya Sanhita 

The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) came into effect on Monday. The new laws replaced the British-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively. "Justice can be received up to the Supreme Court within three years of the registration of the FIR," said Amit Shah while addressing a presser.

The Home Minister asserted that with the implementation of the three criminal laws, India would have the most modern criminal justice system in the world. "The new laws brought in a modern justice system, incorporating provisions such as Zero FIR, online registration of police complaints, summonses through electronic modes such as SMS and mandatory videography of crime scenes for all heinous crimes," he said.

Shah said first case under the new laws was about motorcycle theft registered in Madhya Pradesh's Gwalior at 10 minutes past midnight.  He asserted that the new laws would give priority to providing justice, unlike the colonial-era laws that gave primacy to penal action.