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The offence of “cheating” under Section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section…

Under Section 318(1) of the Bharatiya Nyaya Sanhita, 2023, cheating requires deception. It may involve fraudulent or dishonest inducement to deliver property or consent to…

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The offence of “cheating” under Section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 415 of the Indian Penal Code, 1860) necessarily requires:

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Correct answer B

Under Section 318(1) of the Bharatiya Nyaya Sanhita, 2023, cheating requires deception. It may involve fraudulent or dishonest inducement to deliver property or consent to its retention, or intentional inducement to act or omit to act in a way that causes or is likely to cause the specified harm. Dishonest concealment can be deception. In a contract case, a later breach alone is insufficient. The relevant intention is assessed at the time of inducement.

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Option A

Entrustment alone does not establish cheating. Entrustment or dominion over property is relevant to criminal breach of trust under Section 316, which requires the specified dishonest dealing or misuse.

Option B

Correct. Under Section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 415 of the IPC), deception ('Whoever, by deceiving any person...') is the foundational sine qua non of the offence of cheating; Explanation to Section 318(1) further states that a dishonest concealment of facts is a deception within the meaning of this section.

Option C

Incorrect. Under the second limb of Section 318(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 415 IPC), cheating is complete if the act or omission intentionally induced causes or is 'likely to cause' damage or harm to that person in body, mind, reputation, or property; actual pecuniary loss in every case is not mandatory.

Option D

Incorrect. As repeatedly held by the Supreme Court (e.g., Hridaya Ranjan Prasad Verma v. State of Bihar, (2000) 4 SCC 168), a mere subsequent breach of contract without fraudulent or dishonest deception at the very inception of the transaction does not constitute cheating.

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