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For punishment under section 318(2) of the Bharatiya Nyaya Sanhita, 2023, imprisonment for cheating can…

Under section 318(2) of the Bharatiya Nyaya Sanhita, 2023, imprisonment for cheating may extend to three years. The provision allows imprisonment of either description, a…

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For punishment under section 318(2) of the Bharatiya Nyaya Sanhita, 2023, imprisonment for cheating can be extended to

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Under section 318(2) of the Bharatiya Nyaya Sanhita, 2023, imprisonment for cheating may extend to three years. The provision allows imprisonment of either description, a fine, or both. The expressly named sub-section determines the maximum, rather than the sub-sections dealing with more specific forms of cheating.

Why not "4 years."? Four years exceeds the maximum imprisonment specified in section 318(2). The seriousness of a particular allegation cannot by itself enlarge this statutory ceiling or substitute the punishment under another sub-section, such as section 318(3) (up to five years) or section 318(4) (up to seven years).

Why not "2 years."? Two years is below the three-year maximum that section 318(2) permits. The question asks how far imprisonment under this provision can extend, so the full three-year limit is the answer.

Why not "1 year."? One year was the maximum under the earlier provision (formerly section 417 IPC). Section 318(2) raises the maximum term of imprisonment for simple cheating to three years.

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