318 BNS

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Introduction of 318 BNS

318 BNS deals with the offense of cheating, which involves deceiving someone with dishonest intent to gain property, money, or an unfair advantage. This section covers acts such as fraudulent inducement, false promises, or hiding important facts that harm the victim’s property, reputation, or mental well-being. The section also includes cases where valuable securities are altered, destroyed, or misused due to cheating. Depending on the severity, the punishment ranges from imprisonment to fines, with some cases being bailable and others non-bailable. This section ensures accountability for fraudulent and dishonest practices in society.

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The Bharatiya Nyaya Sanhita (BNS) Section 318 replaces the old Indian Penal Code (IPC) Section 415,417.

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What is BNS Section 318 ?

BNS Section 318 defines cheating as deceiving someone to dishonestly or fraudulently make them act against their interest, causing harm or loss. It includes actions like hiding facts, using counterfeit marks, or making false claims. Punishments depend on the offense’s severity, ranging from imprisonment to fines.

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BNS 318 in Simple Points

1. Definition of Cheating
   Cheating involves intentionally deceiving someone to act or omit an action, causing harm to their property, body, mind, or reputation. Deception can include false promises or hiding critical facts.
   Example: Misrepresenting the quality of goods to make a sale.
2. Dishonest Concealment
   Concealing facts dishonestly is considered deception under this section. Even if no direct statement is made, hiding critical information can lead to liability.
   Example: Selling a mortgaged property without informing the buyer.
3. Punishment for Cheating
   The punishment varies based on the severity of the offense, ranging from imprisonment for 3 to 7 years, along with fines. Severe cases involve wrongful inducement to alter or deliver valuable securities.
4. Cheating Involving Special Duty
   When a person cheats someone whose interests they are legally bound to protect, they face stricter penalties, such as imprisonment up to 5 years or fines.
   Example: A lawyer deceiving their client regarding a property dispute.
5. Cheating and Valuable Security
   If cheating involves the creation, destruction, or alteration of valuable security (like a contract or legal document), the offender may face imprisonment for up to 7 years and fines.
   Example: Forging a signature to alter a deed.

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Section 318 BNS Overview

BNS Section 318 defines cheating as intentionally deceiving someone to act or refrain from acting in a way that causes harm to their property, reputation, body, or mind. It includes false promises, dishonest concealment, or fraud to gain property or an advantage unfairly. Cheating may also involve altering or delivering valuable documents. Different types of cheating carry different punishments, depending on the offense.

10 Key Points of BNS Section 318

1. What is Cheating?
   Cheating involves deceiving a person to fraudulently gain an advantage or property. This act must cause harm or loss to the victim, either in body, property, reputation, or mental peace.
   Example: A falsely claims to be a government officer to gain goods on credit.
2. Dishonest Intent
   The act of cheating must involve dishonest intent from the beginning. The deceiver knows their claims or promises are false.
   Example: Selling fake gold jewelry as real gold to profit dishonestly.
3. Fraudulent Inducement
   Cheating occurs when someone fraudulently induces another person to part with property or act against their interest.
   Example: Persuading someone to invest in a non-existent business scheme.
4. Concealment of Facts
   Hiding critical facts from a person, with the intention to deceive them, is also considered cheating under this section.
   Example: Selling mortgaged property without disclosing the mortgage to the buyer.
5. Harm to Victim
   The deception must cause or likely cause harm to the victim’s body, property, or reputation, or lead to mental distress.
   Example: Misleading someone into signing a legal document with hidden clauses.
6. Cheating and Valuable Security
   If cheating involves altering, destroying, or delivering valuable documents (like contracts), the punishment is more severe.
   Example: Forging a signature on a deed to claim ownership of a property.
7. Cheating with Duty to Protect
   When a person cheats someone whose interests they are legally or contractually bound to protect, stricter penalties apply.
   Example: An agent deceiving their client in a financial deal.
8. Punishments Based on Severity
   Punishments for cheating vary:
   • General cheating: Up to 3 years imprisonment or fine.
   • Special duty cheating: Up to 5 years imprisonment or fine.
   • Cheating involving valuable security: Up to 7 years imprisonment and fine.
9. Bailability of Offense
   • General and special duty cheating: Bailable.
   • Cheating involving valuable security: Non-Bailable.
10. Examples in Daily Life

• Example 1: A promises to sell diamonds but provides fake stones.
• Example 2: A convinces B to lend money based on fake property documents.

Examples of BNS Section 318

1. Example 1:
   A person falsely claims to be a government officer and convinces someone to loan them money, knowing they cannot repay it.
2. Example 2:
   A seller knowingly sells fake jewelry as diamonds, deceiving the buyer and making a profit dishonestly.

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BNS 318 Punishment

1. Cheating (General)
   • Imprisonment: Up to 3 years
   • Fine: Applicable
   • Description: Bailable, Non-Cognizable, Triable by any Magistrate
2. Cheating with Special Duty
   • Imprisonment: Up to 5 years
   • Fine: Applicable
   • Description: Bailable, Non-Cognizable, Triable by any Magistrate
3. Cheating with Valuable Security
   • Imprisonment: Up to 7 years
   • Fine: Applicable
   • Description: Non-Bailable, Cognizable, Triable by Magistrate of the First Class

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BNS 318 bailable or not ?

• General cheating (Subsections 2 and 3): Bailable
• Cheating involving valuable security (Subsection 4): Non-Bailable

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Bharatiya Nyaya Sanhita Section 318

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
318(2)	Cheating	Imprisonment up to 3 years, or fine, or both	Bailable	Non-Cognizable	Any Magistrate
318(3)	Cheating with special duty	Imprisonment up to 5 years, or fine, or both	Bailable	Non-Cognizable	Any Magistrate
318(4)	Cheating involving valuable security	Imprisonment up to 7 years and fine	Non-Bailable	Cognizable	Magistrate of the First Class

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BNS Section 318 FAQs

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