Section 318 BNS – Cheating under Bharatiya Nyaya Sanhita
Section 318 of the Bharatiya Nyaya Sanhita (BNS) defines the offence of cheating and prescribes punishment for dishonest and fraudulent acts that cause wrongful loss or harm to another person.
(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.
(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.
Meaning of “Cheating” under Section 318 BNS
Cheating occurs when a person intentionally deceives another person and, through that deception, causes them to hand over property, retain property, or act in a manner they normally would not have acted.
The law considers cheating a criminal offence because it involves dishonest intention and causes loss, injury, or harm to another person. The harm may involve money, property, reputation, mental peace, or even cyber-related financial fraud.
Merely breaking a promise does not automatically amount to cheating. For the offence to arise, the dishonest intention must generally exist from the beginning of the transaction or representation.
Punishment under Section 318 BNS
1. Basic Cheating – Section 318(2)
Whoever cheats shall be punished with imprisonment up to three years, or fine, or both.
2. Cheating involving Legal Duty – Section 318(3)
If a person cheats while being legally bound to protect another person’s interest, the punishment may extend to five years along with fine.
3. Cheating involving Property or Valuable Security – Section 318(4)
If cheating dishonestly induces a person to deliver property or sign, alter, or destroy a valuable security, the punishment may extend to seven years and fine.
Ingredients of Section 318 BNS
To establish the offence of cheating, the following essential ingredients are generally required:
- Deception of a person
- Dishonest or fraudulent intention from the beginning
- Inducing the victim to deliver property or money
- Inducing the victim to do or avoid doing an act
- Resulting harm such as:
- Financial loss
- Mental harm
- Reputational damage
- Property damage
- Cyber crime or online fraud
Examples of Cheating
- Online investment scams
- Fake job offers demanding advance payment
- Cyber fraud and phishing scams
- Selling fake products as genuine
- Using forged documents to obtain money or property
Is Section 318 BNS Bailable?
Depending upon the nature and gravity of the offence, particularly under Section 318(4), cheating offences involving dishonest inducement and property delivery are generally treated as non-bailable by courts.
Frequently Asked Questions (FAQ)
What is Section 318 of BNS?
Section 318 of the Bharatiya Nyaya Sanhita defines and punishes the offence of cheating in India.
What is the punishment for cheating under BNS?
Punishment may extend from three years to seven years imprisonment along with fine depending upon the seriousness of the offence.
Can cyber fraud come under Section 318 BNS?
Yes. Online scams, phishing, fake investment schemes, and cyber fraud may attract offences under Section 318 BNS.
Is cheating under Section 318 BNS a criminal offence?
Yes. Cheating is a criminal offence punishable under Bharatiya Nyaya Sanhita.
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