Criminal Complaint Under IPC 406 & 420
What you need to know
Sections 406 (criminal breach of trust) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code are commonly invoked together when someone entrusts money or property to another person and that person dishonestly misappropriates it or deceives the complainant for gain. This combination — colloquially called '406/420 cross' — is serious and cognizable, meaning police are legally obligated to register an FIR without requiring a magistrate's order. In India, these offences are non-bailable at the initial stage, giving you leverage to pursue recovery. You can pursue both a criminal complaint (FIR) and a parallel civil suit for recovery of the amount.
Your rights
You have the right to demand FIR registration at any police station where the offence occurred or had effect (S.154 CrPC)
If police refuse to register FIR, you can approach the Superintendent of Police or file a complaint before a Magistrate under S.156(3) CrPC
You are entitled to seek anticipatory bail denial for the accused and claim damages in parallel civil proceedings
Limitation period is 3 years for civil recovery and up to 7 years imprisonment for the accused under IPC 420
What you should do now
Action firstGather and preserve all evidence
- Collect written agreements, receipts, WhatsApp/email conversations, bank transfer proofs, and witness details
- Note exact dates of entrustment and when deception/misappropriation was discovered
File FIR at the local police station
- Visit the police station in whose jurisdiction the offence occurred and submit a written complaint citing IPC S.406 and S.420 (or BNS S.316 & S.318 if post-July 2024)
- Insist on a signed acknowledgement and FIR copy — it is your legal right under S.154(2) CrPC
If police refuse FIR, escalate immediately
- Send a written complaint by registered post to the Superintendent of Police of the district
- File a private complaint petition before the concerned Judicial Magistrate under S.200 CrPC / S.156(3) CrPC requesting direction to police to register FIR
Pursue civil recovery in parallel
- File a civil suit for recovery of the amount with interest in the appropriate civil court (district court if claim exceeds Rs 20 lakh)
- Apply for attachment before judgment under Order 38 Rule 5 CPC to prevent the accused from disposing of assets
Acts applicable
Indian Penal Code, 1860
centralS.406 - Criminal Breach of Trust; S.420 - Cheating
Code of Criminal Procedure, 1973
centralS.154 (FIR), S.156(3) (Magistrate complaint), S.200 (private complaint)
Bharatiya Nyaya Sanhita, 2023
centralS.316 (Breach of Trust), S.318 (Cheating) — applicable if offence after 1 July 2024