Introduction 

• Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (BNS) contains offences against property.  
• The Offence of Cheating is contained in Section 318 and Section 319 of BNS. 

Cheating 

• Section 318 of BNS provides for the offence of cheating.  
• Sub section 1: Definition of Cheating 
  • Cheating occurs when someone fraudulently or dishonestly deceives another person, causing them to:  
    • Deliver property to someone. 
    • Consent to someone retaining property. 
    • Do or omit doing something that causes/likely causes harm to body, mind, reputation, or property. 
  • Dishonest concealment of facts counts as deception. 
• Sub section 2: General Punishment 
  • Punishment for cheating: imprisonment up to 3 years, or fine, or both. 
• Sub section 3: Enhanced Punishment for Breach of Trust 
  • If cheating occurs when the offender had a legal duty or contract to protect the victim's interests. 
  • Punishment: imprisonment up to 5 years, or fine, or both. 
• Sub section 4: Enhanced Punishment for Property-Related Cheating 
  • Applies when cheating induces the victim to:  
    • Deliver property 
    • Make, alter, or destroy valuable securities or documents 
  • Punishment: Imprisonment up to 7 years and also liable to fine.

Cheating by Personation

• Section 319 of BNS provides for the offence of cheating by personation. 
• Sub section 1: Definition of Cheating by Personation 
  • Occurs when someone cheats by:  
    • Pretending to be another person. 
    • Knowingly substituting one person for another. 
    • Representing that they or another person is someone they are not. 
  • The offence applies whether the personated individual is real or imaginary. 
• Sub section 2: Punishment 
  • Punishment for cheating by personation: imprisonment up to 5 years, or fine, or both.

Comparison Between Indian Penal Code, 1860 and BNS 

•  Under IPC cheating was contained in Section 415 to Section 420 of IPC. 
• A comparative Analysis of IPC and BNS is as follows: