Introduction
In this article, we will be studying about the offence of cheating under Bharatiya Nyaya Sanhita, 2023 (BNS). Section 318 of BNS and Section 319 of BNS deal with the offence of cheating in detail.
Section 318: The Definition of Cheating
Section 318 of the BNS defines cheating as an offense committed when someone, through deception, fraudulently or dishonestly induces another person to deliver property, consent to the retention of property, or intentionally persuades the deceived person to perform an action they wouldn't otherwise do. This action, induced through deception, must cause or be likely to cause harm to the deceived person in body, mind, reputation, or property.
We will be studying various hypothetical scenarios in this article to have a better understanding on cheating as an offence.
Scenario 1: the cases of online deception:
Imagine a scenario where A deceives Z by creating a fake online identity, falsely claiming to be a renowned professional. A induces Z to invest in a non-existent business. Z, trusting A's false identity, suffers financial loss. In this case, A could be held liable for cheating under BNS, as the deception led to monetary harm.
Scenario 2: Property Deception
Consider a situation where A, wanting to sell a property, intentionally conceals significant defects from B, the buyer. B, unaware of the issues, purchases the property and later incurs substantial expenses for repairs. A's intentional deception about the property's condition could qualify as cheating under BNS, causing financial harm to B.
Watch JudiX’s 1 minute video lecture on offence of cheating under BNS
Explanation: Dishonest Concealment as Deception
The explanation provided under Section 318 of BNS explicitly states that a dishonest concealment of facts constitutes deception within the context of this section. Using the scenario 2, A's failure to disclose the property defects aligns with the concept of dishonest concealment, thus falling within the scope of cheating under BNS.
Punishments for Cheating
Section 318 outlines varying degrees of punishment based on the nature of the cheating offense. However, the severity is not solely determined by the act of cheating itself; rather, it takes into account the circumstances surrounding the deception.
Scenario 3: Wrongful Loss with Knowledge
Suppose, A cheats Z, knowing that the deceptive act is likely to cause wrongful loss to Z. If A, by law or legal contract, is bound to protect Z's interests in the transaction, the punishment can escalate to imprisonment for up to five years.
Enhanced Punishments: Targeting Specific Acts of Cheating
Section 318 of BNS also recognizes specific acts of cheating that warrant enhanced punishments. These acts include inducing the deceived person to deliver property or alter, destroy, or manipulate valuable securities.
Scenario 4: Property Delivery
Imagine A cheats B into delivering valuable artwork under the false pretense of organizing an exhibition. A's deceptive act not only induces property delivery but also results in potential harm to B's reputation. In this scenario, A could face an enhanced imprisonment for up to seven years
Section 319 of BNS: Cheating by Personation
Beyond conventional cheating, Section 319 addresses "cheating by personation." This involves pretending to be someone else or knowingly substituting one person for another.
Scenario 5: Impersonation
Consider A pretending to be a deceased person, B, to gain access to B's assets or deceive others for personal gain. A, if caught, could be punished with imprisonment for up to five years under Section 319.
Hence, through this article, we tried to understand the offence of cheating under Bharatiya Nyaya Sanhita, 2023 (BNS) through examples and for a better understanding of the offence, we will be seeing some FAQs on the subject.
FAQs on Cheating Under Bharatiya Nyaya Sanhita (BNS)
Q1: How does Section 318 define cheating under BNS?
A1: Section 318 of BNS defines cheating as an offense where someone induces another through deception to deliver property, consent to retention of property, or perform an action causing harm to the deceived person in body, mind, reputation, or property.
Q2: What role does dishonest concealment play in the offense of cheating?
A2: Dishonest concealment of facts, as explained in Section 318, is considered deception. For instance, intentionally hiding significant defects in a property sale falls within the scope of cheating.
Q3: How does Section 318 determine punishments for cheating?
A3: Section 318 outlines varying punishments based on the nature of the cheating offense. Factors such as wrongful loss with knowledge and specific acts like inducing property delivery can influence the severity of punishment.
Q4: Can you explain the concept of cheating with wrongful loss and knowledge?
A4: Certainly. If a person cheats knowing it's likely to cause wrongful loss to another, and they are duty-bound to protect the victim's interests, the punishment can escalate to imprisonment for up to five years.
Q5: What are the enhanced punishments for specific acts of cheating under Section 318?
A5: Section 318 recognizes specific acts like inducing property delivery or manipulating valuable securities, which can lead to enhanced punishments. For instance, inducing property delivery under false pretenses may result in imprisonment for up to seven years.
Q6: What is "cheating by personation," as mentioned in Section 319?
A6: Section 319 addresses cheating by personation, where an individual pretends to be someone else or knowingly substitutes one person for another. This includes scenarios where someone impersonates a deceased person for personal gain.
Cheating under BNS (Bharatiya Nyaya Sanhita) : Notes
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