Site navigation

A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement and obtains money…

Under section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 415 IPC), cheating requires dishonest or fraudulent inducement, and the deceptive intention must…

Choose your answer

A is a cement dealer. He enters into a contract with Z to deliver 100 bags of cement and obtains money from Z. Afterwards, A breaks his contract and does not deliver the cement bags. In the context of the Bharatiya Nyaya Sanhita, 2023, which of the following is correct?

Select one answer
Answer and explanation

Correct answer B

Under section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 415 IPC), cheating requires dishonest or fraudulent inducement, and the deceptive intention must exist when the promise is made. The facts show only a later failure to deliver after receiving the price, with no initial deception, so this is a civil breach of contract and the answer is "A did not cheat Z, but is only liable to a civil action for breach of contract." Payment of the price is not an entrustment for criminal breach of trust, and there is no misappropriation of another's property.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic