Section 316 BNS — Cheating
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to:
- Deliver any property, or
- Consent to the retention of any property, or
- Do or omit to do anything which causes damage or harm to that person in body, mind, reputation or property
…is said to “cheat”.
Punishment: Up to 3 years imprisonment, or fine, or both.
Section 318 — Cheating by Personation
Pretending to be someone else to cheat — up to 5 years imprisonment.
Key Elements to Prove
- Deception by the accused
- Fraudulent or dishonest inducement
- Delivery of property or consent
- Damage or harm caused
Online Fraud
Online fraud is covered jointly under BNS and the IT Act, 2000. Phishing, fake UPI requests, and impersonation scams all fall under this section.
Mere breach of contract is NOT cheating — there must be a dishonest intention at the time of making the promise.