BNS - Bharatiya Nyaya Sanhita, 2023

Section 318 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Of cheating

Cheating.

  1. (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.
    (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.
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