Bharatiya Nyaya Sanhita, 2023
BNS Section 318
Cheating
In one line
BNS Section 318 deals with cheating and replaces IPC 415 (now 318(1)), IPC 417 (now 318(2)), IPC 418 (now 318(3)), IPC 420 (now 318(4)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 318(2) | Cheating. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 318(3) | Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. | Imprisonment for 5 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 318(4) | Cheating and dishonestly inducing delivery of property. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 318
318. Cheating.
(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations. (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
(2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What changed from the IPC
- IPC 415 → BNS 318(1): IPC section defining cheating is presented in BNS as a sub-section.
- IPC 417 → BNS 318(2): The IPC section is included as a sub-section in the BNS sans heading.
- IPC 417 → BNS 318(2): The upper limit of imprisonment is increased from one year to three years.
- IPC 418 → BNS 318(3): IPC section is included as a sub-section in BNS sans heading.
- IPC 418 → BNS 318(3): The upper limit of imprisonment is increased from three years to five years.
- IPC 420 → BNS 318(4): IPC section is included as a sub-section in BNS sans heading.
Frequently asked
What was BNS Section 318 in the IPC?
BNS Section 318 (Cheating) replaces Sections 415, 417, 418, 420 of the Indian Penal Code, 1860. IPC 415 is now BNS 318(1). IPC 417 is now BNS 318(2). IPC 418 is now BNS 318(3). IPC 420 is now BNS 318(4).
What is the punishment under BNS 318(2)?
Cheating – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 318(3)?
Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect – punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
What is the punishment under BNS 318(4)?
Cheating and dishonestly inducing delivery of property – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 318 bailable?
Bailable: BNS 318(2), 318(3). Non-bailable: BNS 318(4). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 313 — Punishment for belonging to gang of robbers, etc
- BNS 314 — Dishonest misappropriation of property
- BNS 315 — Dishonest misappropriation of property possessed by deceased person at the time of his death
- BNS 316 — Criminal breach of trust
- BNS 317 — Stolen property
- BNS 319 — Cheating by personation
- BNS 320 — Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- BNS 321 — Dishonestly or fraudulently preventing debt being available for creditors
- BNS 322 — Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
- BNS 323 — Dishonest or fraudulent removal or concealment of property