Cheating Case Under Sections 420 and 406 in Bangladesh: How to File or Defend One

In this guide: 420 and 406 side by side · Filing a cheating case · Defending a 420 or 406 case · Time and cost

The short answer

Section 420 punishes cheating that makes a person deliver property, with up to seven years and a fine. The key is a dishonest intention at the very start of the deal. Section 406 punishes criminal breach of trust: someone was entrusted with your money or goods and dishonestly misused them, with up to three years, a fine or both.

Both can be filed at the police station as an FIR or before the Magistrate as a complaint case. If you are accused and the dispute is really about an unpaid loan or a broken contract, the High Court Division can quash the proceedings under section 561A.

420 and 406 side by side

A public servant, banker or agent who misuses entrusted property faces section 409, which is far more serious and may go to the Anti-Corruption Commission.

Filing a cheating case

1. Collect proof: agreements, receipts, bank and mobile-banking records, messages and witnesses.
2. Send a legal notice demanding the money back; the reply or silence becomes evidence.
3. File: an FIR at the police station, or a complaint case before the Magistrate if the police will not record it.
4. Follow the investigation and the charge sheet; object by naraji petition if the police drop the case.

A criminal case punishes; it does not by itself return your money. For recovery, consider a money suit or settlement alongside it.

Defending a 420 or 406 case

• Bail: 420 is bailable; for 406 apply to the Magistrate, then the Sessions Judge or High Court Division.
• Civil dispute defence: show the deal was genuine at the start and only went wrong later. Courts regularly quash such cases under section 561A.
• Discharge: at the charge stage, apply for discharge if the record shows no dishonest intention.
• Settlement: repaying and settling often ends the matter; see our guide on compromise.

Time and cost

There is no fee for an FIR. A complaint case needs a small court fee and the lawyer’s fee. Under section 173B (2026 amendment), investigations should be completed within 60 working days of receiving the information, and the Magistrate can extend this on reasons. Trials take longer, often more than a year.