Introduction
Reviewed by Rajni Bala, Assistant Professor of Law | Academic Review Panel
Last Updated: March 31, 2026
Cyber crimes in India are increasing rapidly. Online fraud, identity theft, cyber stalking, deepfakes, fake social media profiles, phishing, digital blackmail and obscene content now affect millions of people every year.
Therefore, after the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code on 1 July 2024, many people started asking an important question:
Which BNS sections apply to cyber crimes in India?
The answer is that the BNS does not create one separate chapter titled “cyber crimes”. Instead, it applies traditional criminal offences to acts committed through electronic devices, social media, mobile phones, computers, email, websites and digital platforms.
In addition, the BNS works together with the Information Technology Act, 2000. In most cyber crime cases, police register offences under both laws.
This complete guide explains:
- Important BNS sections for cyber crimes
- Punishment for each offence
- Real-life examples
- Difference between IPC and BNS
- How to file a complaint or FIR
- Frequently asked questions
What Is a Cyber Crime Under BNS?
A cyber crime means any criminal act committed by using:
- Computer systems
- Mobile phones
- Internet
- Social media
- Digital documents
- Online banking
- Electronic records
For example, if a person cheats someone through UPI, posts obscene content online, creates a fake Instagram account, threatens another person through WhatsApp, or circulates a deepfake video, the offence may attract provisions of the BNS.
However, in most cases, the BNS is read together with the Information Technology Act, 2000.
Important Cyber Crimes Under BNS 2023: Key BNS Sections
1. Cheating by Personation Through Fake Profile or Online Identity – Section 319 BNS
Section 319 applies when a person pretends to be someone else through a fake email, fake website, fake social media account or fake online identity in order to cheat another person.
Example
A fraudster creates a fake Facebook profile of a bank manager and asks users to share OTPs and account details.
Punishment
- Imprisonment up to 3 years
- Fine
- Or both
Common Cyber Offences Covered
- Fake Instagram profile
- Fake LinkedIn job offer
- Fraud through fake website
- Online matrimonial fraud
- Impersonation on WhatsApp
2. Cheating and Online Financial Fraud – Section 318 BNS
Section 318 punishes cheating through online means. This is one of the most commonly used sections in UPI fraud, online shopping scams, investment fraud and phishing cases.
Example
A person receives a fake payment link and loses ₹50,000 after clicking it.
Punishment
- Imprisonment up to 7 years
- Fine
Common Cases
- UPI fraud
- Phishing links
- Fake online shopping websites
- Crypto investment scam
- Online lottery fraud
3. Forgery of Electronic Records – Sections 335, 336 and 338 BNS
The BNS recognises that digital documents can also be forged. Therefore, if someone creates a fake PDF, forged e-mail, fake screenshot, false digital signature or altered electronic record, the offence may amount to forgery.
Important Sections
- Section 335 – Forgery
- Section 336 – Forgery for purpose of cheating
- Section 338 – Using forged document or electronic record as genuine
Example
A person edits a fake salary slip in PDF format and uses it to obtain a bank loan.
Punishment
- Up to 2 years, 7 years or more depending upon the nature of forgery
- Fine
4. Cyber Stalking and Online Harassment – Section 78 BNS
Section 78 deals with stalking. It includes monitoring a woman online, repeatedly sending messages, tracking her social media activity or harassing her through digital communication.
Example
A person continuously sends unwanted messages, follows a woman on every social media platform and threatens her after she blocks him.
Punishment
- First offence: imprisonment up to 3 years and fine
- Second offence: imprisonment up to 5 years and fine
Common Forms of Cyber Stalking
- Repeated Instagram messages
- Tracking location through apps
- Online harassment through fake IDs
- Threatening emails
5. Sexual Harassment Through Electronic Means – Section 75 BNS
Section 75 covers sexual harassment even when it takes place online.
The offence includes:
- Sending sexually coloured messages
- Showing pornography without consent
- Demanding sexual favours through chat or email
- Sending obscene photographs or videos
Punishment
- Up to 3 years imprisonment depending upon the act
- Fine
6. Voyeurism Through Hidden Cameras or Shared Videos – Section 77 BNS
Section 77 applies when a person captures, records or shares images or videos of a woman engaging in a private act without consent.
Example
A person secretly records a woman in a changing room and uploads the video online.
Punishment
- First conviction: 1 to 3 years imprisonment and fine
- Subsequent conviction: 3 to 7 years imprisonment and fine
7. Publishing or Transmitting Obscene Material Online – Sections 294 and 296 BNS
The BNS now clearly covers obscene material circulated in electronic form.
Section 294 punishes the sale, distribution or circulation of obscene content in electronic form. Section 296 punishes obscene acts or songs, including online publication.
Example
A person uploads obscene videos on Telegram and circulates them through social media.
Punishment
- Imprisonment
- Fine
- Or both depending upon the nature of the offence
8. Defamation Through Social Media – Section 356 BNS
If a person posts false allegations on social media that damage another person’s reputation, the act may amount to defamation under Section 356.
Example
A person uploads a false post on X or Facebook accusing another person of corruption without proof.
Punishment
- Imprisonment up to 2 years
- Fine
- Or both
9. Criminal Intimidation Through WhatsApp, Email or Social Media – Section 351 BNS
Section 351 applies when a person threatens another person through email, WhatsApp, Instagram, Telegram or any digital platform.
Example
A person sends a message saying, “Transfer money or I will upload your private photographs.”
Punishment
- Up to 2 years imprisonment
- Up to 7 years in serious cases
- Fine
10. Spreading False Information, Rumours or Deepfake-Based Panic – Section 353 BNS
Section 353 punishes the publication or circulation of false information, rumours or misleading reports that create fear, panic, enmity or public disorder.
This section may apply to:
- Fake news spread through WhatsApp
- Deepfake videos intended to create panic
- False rumours about communal violence
- Fake government notices circulated online
Punishment
- Imprisonment
- Fine
- Or both depending upon the circumstances
11. Organised Cyber Crime Syndicates – Section 111 BNS
Section 111 is one of the biggest new provisions in the BNS. It punishes organised crime, and the definition is broad enough to include cyber crime gangs.
Therefore, if a group runs large-scale phishing, ransomware, online betting, digital extortion or international cyber fraud, police may invoke Section 111.
Example
A gang operates a fake call centre that cheats hundreds of people across India through OTP and KYC fraud.
Punishment
- Life imprisonment or death in very serious cases
- Fine up to ₹10 lakh or more
Cyber Crime Sections Under BNS vs IPC
| Cyber Offence | Old IPC Section | New BNS Section |
|---|---|---|
| Cheating | 420 IPC | 318 BNS |
| Cheating by Personation | 419 IPC | 319 BNS |
| Stalking | 354D IPC | 78 BNS |
| Sexual Harassment | 354A IPC | 75 BNS |
| Voyeurism | 354C IPC | 77 BNS |
| Criminal Intimidation | 506 IPC | 351 BNS |
| Defamation | 499–500 IPC | 356 BNS |
| Forgery | 463–471 IPC | 335–338 BNS |
| Obscene Material | 292–294 IPC | 294 and 296 BNS |
| Organised Crime | No direct provision | 111 BNS |
BNS and IT Act: Which Law Applies?
Many readers believe that either the BNS or the IT Act applies. In reality, both laws often apply together.
For example:
| Cyber Crime | BNS Section | IT Act Section |
|---|---|---|
| Fake social media account | 319 | Section 66D IT Act |
| Hacking and unauthorised access | Relevant BNS sections if cheating or intimidation exists | Section 66 IT Act |
| Obscene online content | 294, 296 | Sections 67, 67A IT Act |
| Identity theft | 319, 318 | Section 66C IT Act |
| Cyber stalking | 78 | Section 66E IT Act |
Therefore, police generally add both BNS and IT Act provisions in the same FIR.
How to File a Cyber Crime Complaint in India for Cyber Crimes Under Bharatiya Nyaya Sanhita 2023
If you become a victim of cyber crime, act quickly.
Step 1: Preserve Evidence
Save:
- Screenshots
- Bank transaction details
- Mobile number
- E-mails
- Chat history
- URLs
- Social media profile links
Step 2: Report Online
You may file a complaint on the National Cyber Crime Reporting Portal.
Portal: https://cybercrime.gov.in
Helpline: 1930
Step 3: Visit the Police Station
You may also lodge an FIR at the nearest police station or cyber crime police station.
Ask the police to mention both:
- Relevant BNS sections
- Relevant IT Act provisions
Landmark Situations Where BNS May Apply
1. Deepfake Video Shared on Social Media
Possible Sections:
- Section 75
- Section 77
- Section 351
- Section 353
- Relevant IT Act provisions
2. Fake Job Offer Through WhatsApp
Possible Sections:
- Section 318
- Section 319
- Section 335 or 336
3. UPI Payment Fraud
Possible Sections:
- Section 318
- Section 319
- Section 111 in organised cases
4. Fake Profile Used for Blackmail
Possible Sections:
- Section 319
- Section 351
- Section 356
People Also Ask About Cyber Crimes Under BNS 2023
Can I go to jail for creating a fake Instagram or Facebook account?
Yes. If you create a fake social media account to cheat, threaten, impersonate or harm someone, police may register a case under Section 319 BNS along with Section 66D of the IT Act.
What should I do immediately if I lose money in an online fraud?
Immediately call 1930, report the fraud on cybercrime.gov.in and save all screenshots, messages and bank details. Fast reporting increases the chances of freezing the money.
Which BNS section applies if someone blackmails me with my photos or videos?
Usually, Section 351 BNS for criminal intimidation applies. Depending on the facts, Sections 75, 77 and 356 may also apply.
Is forwarding a fake WhatsApp message or deepfake video a crime?
Yes. If the message or video spreads panic, false information or harms someone’s reputation, it may attract Section 353 BNS and other relevant provisions.
Can the police trace anonymous cyber criminals or fake accounts?
Yes. Police can trace IP addresses, phone numbers, bank accounts, social media activity and device records with the help of cyber cells and digital evidence.
Frequently Asked Questions (FAQs)
1. Is cyber crime separately defined in BNS?
No. The BNS does not contain one separate chapter called cyber crime. Instead, it punishes offences committed through electronic means.
2. Which is the most important BNS section for online fraud?
Section 318 BNS is the main provision for cheating and online financial fraud.
3. Does BNS apply to fake Instagram or Facebook accounts?
Yes. Fake social media accounts generally attract Section 319 BNS and Section 66D of the IT Act.
4. Which section applies to cyber stalking?
Section 78 BNS applies to cyber stalking and repeated online harassment.
5. Can deepfake videos become a criminal offence?
Yes. Depending upon the facts, deepfake videos may attract Sections 75, 77, 351, 353 and IT Act provisions.
6. Can I file a cyber crime complaint without going to the police station?
Yes. You can file a complaint online through the National Cyber Crime Reporting Portal at cybercrime.gov.in. However, for serious offences, the police may later ask you to visit the station.
7. Can someone be punished for posting my private photos or chats online?
Yes. Sharing private photos, videos or chats without consent may attract Sections 75, 77, 351 and 356 BNS, along with IT Act provisions.
8. Do I need a lawyer to file a cyber crime FIR?
No. You can file the complaint yourself. However, in serious cases involving blackmail, financial loss or false allegations, taking legal advice is helpful.
Conclusion
The Bharatiya Nyaya Sanhita, 2023 modernises Indian criminal law by recognising that crimes can now occur through electronic and digital means. Although the BNS does not create a separate chapter for cyber crimes, it expands existing offences to cover social media, electronic records, online fraud, fake profiles, deepfakes and digital harassment.
Therefore, if you face cyber fraud or online abuse, do not ignore it. Preserve the evidence, report the offence immediately and seek legal advice.
