The Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code (IPC). One of the important sections under BNS is Section 318, which deals with cheating. In simple terms, Section 318 Cheating punishes anyone who dishonestly tricks another person to gain something or cause harm.
Let’s break this down in an easy and engaging way.
What is Cheating under BNS Section 318?
Section 318 of BNS defines cheating as:
“Whoever, by deceiving any person, fraudulently or dishonestly induces them to deliver property or to do or omit to do something which they wouldn’t do otherwise, is said to cheat.”
In short, if a person uses lies or tricks to make someone:
- Give money or goods
- Do something they normally wouldn’t
- Avoid doing something they are supposed to
It counts as cheating under BNS Section 318.
Key Ingredients of BNS Section 318 Cheating
To convict someone under this section, the following must be proved:
- Deception of a person
- Dishonest or fraudulent intention
- Inducement that leads the victim to:
- Deliver property
- Do or not do something, which causes harm or loss
Let’s look at this with examples.
Simple Example of BNS Section 318 Cheating
Suppose Rahul tells Priya that he owns a flat in Mumbai and takes ₹10 lakhs from her to rent it out. Later, it’s discovered he never owned such property.
Here, Rahul has lied (deceived), taken money fraudulently, and caused a financial loss to Priya.
This is a clear case under Section 318 Cheating.
Punishment under BNS Section 318 Cheating
Section 318 provides a maximum punishment of 3 years imprisonment, or fine, or both.
In serious cases, where cheating involves large sums or organized fraud, other sections may also apply, increasing the penalty.
Case Law: Ram Jas v. State of U.P. (1976)
In this case, the accused promised a job to the victim’s son in exchange for money. He had no authority to provide a job and simply vanished after taking money.
The court held that this act was cheating, as the accused never intended to fulfill the promise.
Key takeaway: The intention to deceive from the beginning is crucial.
Case Law: S.W. Palanitkar v. State of Bihar (2001)
In this case, the Supreme Court said:
“A mere breach of contract is not cheating unless it is shown that there was fraudulent intention from the beginning.”
This means if someone fails to deliver on a promise but had good intentions, it’s a civil matter, not criminal.
But if they never intended to deliver, it’s cheating.
Civil vs. Criminal: Know the Difference
This is a tricky area. Many frauds appear like business disputes.
But here’s the test:
- If the person had good intention at the start but failed later — it’s a civil matter
- If the person never intended to fulfill the promise — it’s criminal cheating under BNS Section 318
Real-Life Scenario: Online Job Scam
An online portal offers fake jobs. People are asked to pay a registration fee.
Later, they find out there’s no job, no office, and no trace of the company.
This is cheating under BNS Section 318. The victims were tricked into parting with money using false promises.
Related Sections
Along with Section 318, these sections may also apply:
- Section 319: Cheating by personation
- Section 320: Fraudulent deeds and documents
- Section 317: Dishonest misappropriation
If cheating involves forgery, impersonation, or breach of trust, multiple charges may be filed.
Protection for Victims
Victims of cheating can:
- File a police complaint under Section 318
- Take civil action for recovery of money
- Report online frauds to cyber crime units
Quick action helps in freezing accounts and tracing culprits.
Short Notes for Quick Revision
- Deception + Inducement + Loss = Cheating
- Must prove dishonest intention at the start
- Punishment: Up to 3 years, or fine, or both
- Not all contract failures are cheating
- Case law: Ram Jas (1976), Palanitkar (2001)
Why BNS Section 318 Cheating is Important Today
In today’s world, digital frauds, loan scams, fake investment schemes, and impersonation frauds are rising.
Section 318 gives police a tool to prosecute these crimes effectively.
The updated BNS also brings faster trials and clearer definitions compared to the old IPC.
Conclusion
BNS Section 318 Cheating protects people from being tricked or defrauded. It ensures that dishonest individuals are punished for misusing trust.
Whether it’s a fake job, a property scam, or a fraudulent business deal — the law is now better equipped to deliver justice.
But remember — not every promise that fails is a crime. The intention behind the act makes all the difference.
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. For any legal issues or proceedings, please consult a qualified lawyer.
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