
Introduction to Section 318 of the BNS
Section 318 BNS (Bharatiya Nyaya Sanhita) addresses the criminal offense of cheating. It includes defrauding a person with deceptive intent to acquire property, money, or an unlawful benefit. This section discusses acts, including deceptive persuasion, fake promises, or concealing crucial facts that cause damage to the victim’s property, reputation, or mental health.
This section also comprises cases where valuable securities are modified, misused, or destroyed because of cheating. Depending on the intensity, the punishment under Section 318 BNS ranges from a custodial sentence to fines. However, in some cases, the accused could be granted bail, and in others non-bailable.
What is Section 318 BNS?
Section 318 BNS is an act of cheating someone deceptively or dishonestly to force them to act against their interest, leading to harm or loss. This section involves deeds like hiding facts, using fake marks, or making false claims.
In other words, an individual induces another person to deliver property, consent to property retention, or deliberately convinces the cheated person to carry out an action they would not do otherwise. This illegal action is likely to cause harm to the person’s mind, image, or property.
9 Main Points of Section 318 BNS:
Here is a list of ten main points of Section 318 BNS:
- Deceptive Hiding: Hiding facts deceptively is considered dishonesty under this section. Even if there is no direct statement made, concealing crucial information can result in liability.
- Punishment for Cheating: The punishment under Section 318 of BNS differs based on the harshness of the criminal offense, which could range from 3 to 7 years, along with penalties. Strict cases include illegitimate inducement to modify or deliver valuable securities.
- Cheating Including Special Duty: When an individual deceives a person whose interests they are lawfully bound to safeguard, they are likely to face harshest punishments, including jail time up to 5 years or fines.
- Cheating and Valuable Security: If betraying includes the creation, destruction, or manipulation of valuable security (such as a contract or legal document), the accused may face detention for up to 7 years as well as fines.
- Fraudulent Intent: The act of cheating must include intent right from the start. The offender is aware that their claims or promises are fake.
- Damage to Victim: The dishonesty must result in or cause damage to the body, property, or reputation of the victim, or result in mental suffering.
- Punishments Based on Harshness: Punishments for deceiving someone vary:
- General Cheating: Up to 3 years of imprisonment or fine.
- Special Duty Cheating: Up to 5 years of imprisonment or fine.
- Cheating Including Valuable Security: Up to 7 years of imprisonment or fine.
8. Offense Bailability
- Usual and special duty cheating: Bailable.
- Cheating Including Valuable Security: Non-Bailable.
9. Instances in Day-to-Day Life
- Instance 1: A person commits to sell diamonds but provides inauthentic stones.
- Instance 2: A person persuades another individual to lend money based on fraudulent property documents.
The Main Elements of Section 318 BNS
Here is a list of the main elements of Section 318 BNS:
- Fraud: This signifies cheating or tricking a person. It can take place through fraudulent statements, fake promises, or hiding information.
- Deceptive Inducement: The fraud must make the victim do something they would not otherwise do, or prevent themselves from doing something they would usually do. This could include handing out property to an individual, giving consent to someone to keep the property, or doing something harmful.
- Damage or Harm: The victim must incur a loss or harm due to the fraud. It could be physical harm, mental harm, reputation damage, etc.
For instance, if a person makes a commitment to sell a property to sell a valuable item to another individual at a low price. But they deny to sell the same after receiving the payment later. It could be considered cheating.
Punishment for Cheating Offence Under Section 318 BNS
The Section 318 BNS includes various penalties for deceiving or tricking someone. However, it depends on the nature and circumstances of the criminal offense:
- Simple Offense: 3 years or less jail time, a fine, or both.
- If the Accused Intentionally Causes Loss Being Wrong: Deserving of punishment by imprisonment up to 5 years, a fine, or both.
- Offenses Regarding the Property: Up to the imprisonment of 7 years, a fine, or both.
What is Considered to Be Cheating Under Section 318 BNS?
- A cheater is a person, who by defrauding another individual, deceptively or deceitfully, convinces that individual to deliver property to another person or gives consent to another person to keep property.
Moreover, they can intentionally convince that person to do or stop from doing anything that, if they were not fraudulently, they would not have executed, and that neglect is expected to cause harm or damage to that person’s body, mind, property, or reputation.
Illustrations:
- A cheats B by appearing to be in the Civil Service with intent and then dishonestly convinces B to provide him with certain items on credit that he does not plan to pay for. A is a fraud.
- A deceptively persuades B to buy and pay for a product by cheating B into believing that it was manufactured by a top manufacturer by applying a fake mark on it. A is misleading.
- A cheats B into thinking that the article complements the sample by presenting a fabricated version of the article to B. This misleadingly convinces B to buy and pay for the article. A is deceptive.
- A cheats B deliberately and deceitfully persuades B to hand over the article with the intention of not paying for the same by offering a bill on the house with which A keeps no money and by which A anticipates the bill to be dishonored. A is deceptive.
- A intentionally tricks B and deceptively convinces B to lend money by committing as diamond items that he knows are not the same. A is deceptive.
- A fraudulently convinces B to lend him money, aware of the fact that A does not plan to repay it, by knowingly cheating B into thinking that A can repay any money B may advance to him. A is deceptive.
- A deceitfully causes B to lend money under the wrong assumption that he will allocate a specific quantity of indigo plant, which he does not plan to deliver. This is done deliberately. A defrauds; but, if A violates his contract and fails to hand over the indigo plant after planning to do so at the time of receiving the money, he is not contemplated to have cheated and could face serious penalties.
Final Thoughts
Section 318 of the BNS has structured the cheating law in a systematic way, which takes the place of the older section 420 IPC. The updated section provides a fine understanding of the criminal offense, making the separation between criminal offenses and civil disputes clear. As India is involved with a new legal system through the Bharatiya Nyaya Sanhita, Section 318 provides the crucial treatment of fraud with the severity it confirms.