Introduction of 318 BNS
318 BNS defines and penalizes the offence of cheating: intentionally deceiving a person to induce them to part with property, to alter valuable documents, or to act against their own interests. The provision covers a wide range of dishonest conduct — from false promises and concealment of material facts to forging or altering valuable securities — and treats each variety according to its gravity. By distinguishing ordinary cheating, cheating by persons in special positions of trust, and cheating that involves valuable security, Section 318 seeks both to protect victims from fraud and to deter sophisticated or harmful forms of deception in personal, commercial and official dealings.
The Bharatiya Nyaya Sanhita (BNS) Section 318 replaces the old Indian Penal Code (IPC) Section 415,417.
- Introduction of 318 BNS
- What is BNS Section 318 ?
- BNS 318 in Simple Points
- Section 318 BNS Overview
- BNS 318 Punishment
- BNS 318 bailable or not ?
- Bharatiya Nyaya Sanhita Section 318
- BNS Section 318 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.
Under Section 318 of the bns act 2023
Whoever, by deceiving any person, fraudulently or dishonestly induces that person to deliver any property, or to make, alter, or destroy the whole or any part of a valuable security, or anything signed or sealed which may be converted into a valuable security, or intentionally causes that person to do or omit to do something which they would not otherwise do or omit, and such act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation, or property, is said to commit cheating.
Meaning of Cheating under BNS Section 318
This section covers cases where a person uses deception with a dishonest intention to:
- Obtain property or valuables from another person.
- Cause someone to act (or not act) against their own interest.
- Alter, destroy, or deliver any document or valuable security.
- Cause harm to the victim’s property, body, mind, or reputation.
Essential Ingredients of the Offense
- Deception – A false representation or dishonest concealment of facts.
- Dishonest/Fraudulent Intent – The intention to deceive must exist from the beginning.
- Inducement – The victim is induced to part with property, alter a document, or act/omit an act.
- Harm – The victim suffers, or is likely to suffer, damage to property, body, mind, or reputation.
Punishment under BNS Section 318
- General Cheating (318(2))
- Imprisonment up to 3 years, or fine, or both.
- Bailable, Non-cognizable, Triable by any Magistrate.
- Cheating with Special Duty (318(3))
- Imprisonment up to 5 years, or fine, or both.
- Bailable, Non-cognizable, Triable by any Magistrate.
- Cheating involving Valuable Security (318(4))
- Imprisonment up to 7 years, and fine.
- Non-bailable, Cognizable, Triable by Magistrate of the First Class.
Illustrations / Examples
- Example 1: A sells fake diamonds by claiming them to be real. This is cheating.
- Example 2: A lawyer cheats his client by misusing case documents to gain money.
- Example 3: A forges a signature on a property deed to fraudulently claim ownership.
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 means deceiving or tricking another person so that the deceiver can gain some wrongful benefit. It is not just lying but lying with the intention of causing harm or loss to the other person in body, property, reputation, or even peace of mind.
Example: If A pretends to be a government officer and takes goods on credit from B, this is cheating because A never had the authority he claimed.
2. Dishonest Intent
The most important part of cheating is that the deceiver must have dishonest or fraudulent intent from the beginning. If the person promises something knowing it is false, it counts as cheating.
Example: Selling brass jewelry painted with gold polish while claiming it is real gold is cheating because the seller always knew the truth but lied to earn profit.
3. Fraudulent Inducement
Cheating happens when someone fraudulently induces (persuades or tricks) another person to give away money, property, or take an action against their own interest. The victim acts because they were misled.
Example: A convinces B to invest ₹5 lakh in a fake company that doesn’t exist. Since B was induced fraudulently, this is cheating.
4. Concealment of Facts
Cheating is not only about making false statements; it can also happen when someone hides important facts on purpose to deceive another person.
Example: Selling a property that is already mortgaged, without telling the buyer, is cheating because the seller is hiding a major fact that directly affects the deal.
5. Harm to Victim
For cheating to be punishable, the deception must cause or likely cause harm. This harm can be physical, financial, reputational, or even emotional/mental distress.
Example: If A tricks B into signing a legal document with hidden clauses that cause B to lose money or property, B suffers harm due to cheating.
6. Cheating and Valuable Security
If the act of cheating involves valuable security (legal documents, contracts, deeds, or financial instruments), the punishment becomes stricter. This is because such documents carry legal and financial value.
Example: Forging a signature on a property deed to claim ownership is cheating involving valuable security.
7. Cheating with Duty to Protect
If someone cheats a person whose interests they are legally or contractually bound to protect, it becomes a more serious crime. This usually involves agents, trustees, or employees.
Example: An insurance agent cheats a client by misusing their money instead of investing it properly. Since the agent had a duty to protect the client’s interests, the cheating is treated more seriously.
8. Punishments Based on Severity
The punishment under BNS Section 318 depends on the seriousness of the act:
- General cheating: Imprisonment up to 3 years, or fine, or both.
- Cheating where there is a duty to protect someone’s interests: Imprisonment up to 5 years, or fine, or both.
- Cheating involving valuable security: Imprisonment up to 7 years, plus fine.
This step-wise punishment ensures fairness by matching the penalty with the severity of harm.
9. Bailability of Offense
Not all types of cheating are treated equally under bail provisions:
- General cheating and cheating with duty to protect: These are bailable, meaning the accused can apply for bail more easily.
- Cheating involving valuable security: This is non-bailable, which means bail is not a right and can only be granted by the court. This stricter rule exists because the financial or legal harm in such cases is very serious.
10. Examples in Daily Life
- Example 1: A promises to sell real diamonds to B, but delivers fake stones. This is cheating because A knew the goods were fake.
- Example 2: A convinces B to lend money based on fake property papers. Since B acted on false information, A is guilty of cheating.
BNS 318 Punishment
- Cheating (General)
- Imprisonment: Up to 3 years
- Fine: Applicable
- Description: Bailable, Non-Cognizable, Triable by any Magistrate
- Cheating with Special Duty
- Imprisonment: Up to 5 years
- Fine: Applicable
- Description: Bailable, Non-Cognizable, Triable by any Magistrate
- Cheating with Valuable Security
- Imprisonment: Up to 7 years
- Fine: Applicable
- Description: Non-Bailable, Cognizable, Triable by Magistrate of the First Class
BNS 318 bailable or not ?
- General cheating (Subsections 2 and 3): Bailable
- Cheating involving valuable security (Subsection 4): Non-Bailable
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 |
Comparison: BNS Section 318 vs IPC Sections 415 & 417 (Cheating)
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Triable By |
|---|---|---|---|---|---|
| BNS Section 318 (General) | Cheating — deceiving someone to dishonestly induce them to deliver property, alter/destroy valuable security, or cause harmful act/omission. |
Up to 3 years imprisonment, or fine, or both (general cheating). Up to 5 years (cheating in special duty cases). Up to 7 years + fine (cheating involving valuable security). |
General & special-duty: Bailable. Valuable-security cases: Non-Bailable. |
General & special-duty: Non-Cognizable. Valuable-security cases: Cognizable. |
General & special-duty: Any Magistrate. Valuable-security: Magistrate of the First Class. |
| IPC Section 415 / 417 (Old) |
IPC 415 — Cheating (definition under old IPC language). IPC 417 — Punishment for cheating (general punishment provisions under old IPC). |
Generally up to 1 year (older drafting varied by subsection) or fine or both; aggravated cases under later IPC provisions carried higher terms (see IPC 420 for higher penalties). (BNS modernises and consolidates penalties — see BNS 318 for current gradation.) |
Mostly Bailable for ordinary cheating; aggravated forms could be treated more strictly depending on section applied. | Mostly Non-Cognizable for simple cheating; aggravated/nexus-to-value-security could be cognizable under related IPC provisions. | Triable by Magistrate (varied by sub-section and gravity; serious/value-security cases tried by Magistrate of First Class or higher). |
BNS Section 318 FAQs
What is cheating under BNS Section 318?
Cheating is deceiving someone to act or omit an action, causing harm or loss to their property, mind, reputation, or body.
What is the punishment for general cheating?
General cheating can result in imprisonment for up to 3 years, a fine, or both.
Is cheating under this section bailable?
General cheating and cases involving special duties are bailable, but cases involving valuable security are non-bailable.
Who tries offenses under BNS Section 318?
Magistrates, depending on the severity of the offense, try these cases.
What is valuable security under this BNS Section 318?
Valuable security refers to documents or contracts that have legal or financial significance, like deeds or promissory notes.
Conclusion
BNS Section 318 is a central tool for combating fraud in its many forms, balancing protection for victims with graduated punishment that reflects the offender’s role and the seriousness of the deception. Whether it’s a consumer cheated by false claims, a professional betraying a client’s trust, or fraud involving important legal documents, the law provides clear remedies and penalties to uphold trust and legal certainty. If you suspect cheating or have been affected by deceptive conduct, consult a legal professional promptly to understand remedies, evidence requirements, and the best way to protect your rights.
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