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A buyer pays half the price for a car. The seller does not deliver or refund the payment after the car…

Section 318(4) requires dishonest inducement to deliver property. The timing of that intention is the moment of inducement. The car’s later accident and non-delivery do not…

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A buyer pays half the price for a car. The seller does not deliver or refund the payment after the car is damaged in an accident the day before delivery. There is no other evidence of dishonesty when the seller obtained the advance. What is the sound finding on the cheating charge under section 318(4) of the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer D

Section 318(4) requires dishonest inducement to deliver property. The timing of that intention is the moment of inducement.

The car’s later accident and non-delivery do not themselves show dishonest intention when the advance was taken. An acquittal for failure of proof does not resolve any claim about the contract.

Option feedback

Option A

Non-refund is subsequent conduct. It cannot establish dishonest inducement by itself on these facts.

Option B

The question tests criminal inducement. An accident does not itself decide the parties’ contractual rights or establish a cheating defence.

Option C

Mere probability from subsequent non-performance cannot replace proof of dishonest inducement beyond reasonable doubt.

Option D

Section 318(4) requires cheating that dishonestly induces delivery of property. There is no proof here of the required dishonest intent when the money was obtained.

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