Section 318 of the Bharatiya Nyaya Sanhita (BNS), which came into effect on July 1, 2024, addresses the offense of cheating. This section replaces the previous Section 420 of the Indian Penal Code (IPC) and outlines the legal framework for defining and penalizing cheating in India.
Key Provisions of Section 318
- Definition of Cheating: A person is considered to have committed cheating if they deceive someone to fraudulently induce that person to deliver property, consent to retain property, or perform any act that they would not have done if not deceived, leading to potential harm to the deceived person’s body, mind, reputation, or property.
Punishments:
- General Cheating: Punishable by imprisonment for up to three years, a fine, or both.
- Cheating with Knowledge of Wrongful Loss: If the cheating is done with knowledge that it may cause wrongful loss to someone whose interests the offender is legally bound to protect, the punishment can extend to five years of imprisonment, a fine, or both.
- Cheating Leading to Delivery of Property or Alteration of Valuable Security: This carries a more severe penalty, with imprisonment for up to seven years and a fine if the cheating involves inducing the victim to deliver property or alter a valuable security.
Context and Significance
The introduction of Section 318 is part of a broader reform to modernize India’s criminal laws, moving away from colonial-era statutes. The BNS consolidates and amends various offenses, reducing the total number of sections from 511 in the IPC to 358 in the new framework, aiming for a more streamlined legal process. This change reflects the government’s intent to remove colonial influences and adapt the legal system to contemporary Indian society, with Home Minister Amit Shah emphasizing the need for justice over mere punishment.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
