cheating

Defined and punished in s.318 BNS (old ss.415, 417 and 420 IPC). The elements are: deception of a person; fraudulent or dishonest inducement of that person; and as a result, delivery of property, consent to someone retaining property, or an act or omission he would not otherwise have done that causes or is likely to cause harm to body, mind, reputation or property. Where property is delivered, the aggravated form in s.318(4) applies (old s.420).

The dishonest intention must exist when the inducement is made. A later failure to keep a promise is a breach of contract, not cheating. Cheating by personation is s.319 BNS (old ss.416, 419).

Example

Since the accused had no intention of supplying the goods when he took the advance, the deception existed from the start and the case is cheating, not a mere breach of contract.

In Indian law

• Sections 318 and 319, Bharatiya Nyaya Sanhita, 2023 (old ss.415 to 420, IPC)
• Hridaya Ranjan Prasad Verma v. State of Bihar, 2000 INSC 178: fraudulent intention must exist at the time of the inducement

See also

fraud · criminal breach of trust · mens rea

Read more in the study notes

• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Recent trends: e-banking, ATMs, internet and mobile banking, smart and credit cards, and their legal aspects (Banking Law)
• Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Judgment: pronouncement, contents and orders after conviction (Bharatiya Nagarik Suraksha Sanhita)