The offence of Cheating as outlined in the Bharatiya Nyaya Sanhita, 2023 (BNS) is primarily articulated and regulated by Sections 318 and 319. ⚖️

The BNS consolidates and refines various sections pertaining to cheating from the previous Indian Penal Code (IPC) into these two sections, introducing a system of graded punishments that correspond to the severity of the act.

1. Definition and Core Elements (BNS Section 318)

Section 318(1) of the BNS provides a definition of cheating. The essential elements required for establishing the offence include:

Deception: The accused must have misled the victim (for instance, through false representation or dishonest concealment of facts).

Fraudulent or Dishonest Inducement: The deception must have been executed with either a fraudulent intent (for personal gain) or a dishonest intent (aimed at causing wrongful loss or gain), thereby inducing the victim to:

Deliver any property to any individual.

Consent to the retention of any property by any individual.

Intentionally induce the individual to perform or refrain from performing any action that they would not have done or omitted had they not been deceived, and which action or omission results in or is likely to result in damage or harm to that individual in terms of body, mind, reputation, or property.

2. Graded Punishments for Cheating

The BNS delineates specific tiers of punishment under Section 318, contingent upon the severity of the cheating:

General Cheating (Section 318(2)): Punishment may include imprisonment for a term not exceeding 3 years, or a fine, or both.

Cheating with Breach of Duty (Section 318(3)): This provision applies when the offender was legally or contractually obligated to safeguard the victim’s interests in the transaction. Punishment may include imprisonment for a term not exceeding 5 years, or a fine, or both.

Aggravated Cheating involving Property (Section 318(4)): This represents the most serious form of cheating, applicable when the act of cheating compels the victim to:

Deliver any property, or

Make, alter, or destroy any valuable security (or a document capable of becoming one).

Punishment: Imprisonment for a term not exceeding 7 years and a fine.