Facing a Cheating or Fraud Case in Chandigarh under the newly implemented Bharatiya Nyaya Sanhita, 2023 (BNS) can be overwhelming for both individuals and students trying to understand India’s reformed criminal justice system. This in-depth guide explains updated criminal provisions related to cheating and fraud, details the legal procedure, and provides insight into the role of criminal lawyers, high court advocates, and criminal defense lawyers in Chandigarh.
Whether you’re looking for legal clarity or preparing for your case, this article covers everything you need — from FIR to bail, and trial to possible acquittal — under the new criminal law framework in India.
Understanding Cheating and Fraud Under Bharatiya Nyaya Sanhita (BNS), 2023
What is Cheating Under BNS?
Cheating is now defined under Section 316 of the Bharatiya Nyaya Sanhita, 2023, replacing the previous Section 415 of the Indian Penal Code (IPC).
Section 316 BNS – Cheating
A person is said to cheat if they dishonestly or fraudulently induce another person to deliver any property or consent to retain any property or do/omit to do an act they wouldn’t have otherwise done.
Key Elements:
- Deception
- Dishonest/Fraudulent inducement
- Wrongful gain to one, loss to another
Section 318 BNS – Cheating and Dishonestly Inducing Delivery of Property
This replaces the old Section 420 IPC and is one of the most commonly invoked charges in financial and white-collar crimes in Chandigarh.
Punishment:
- Imprisonment up to 7 years
- Fine
- Cognizable and non-bailable offence
What is Fraud Under New Criminal Law?
Although “fraud” is not a standalone offence under BNS, it is covered across multiple sections dealing with deceit, impersonation, forgery, and breach of trust.
Key Related BNS Sections:
| Offence | BNS Section | Replaced IPC Section |
| Forgery | Section 335 | Section 463 |
| Making a false document | Section 336 | Section 464 |
| Forgery for cheating | Section 337 | Section 468 |
| Using forged document as genuine | Section 338 | Section 471 |
| Criminal breach of trust | Section 324 | Section 406 |
| Criminal breach by banker/agent | Section 325 | Section 409 |
Legal Process for a Cheating Case in Chandigarh (As per BNS & BNSS)
FIR and Police Investigation
FIRs are now governed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the CrPC.
- FIR for cheating is filed under Section 318 BNS
- Investigation includes evidence collection, digital forensics (if applicable), and statements
Updated Bail Provisions Under BNSS, 2023
Anticipatory Bail – Section 480 BNSS (Replaces CrPC 438)
If you suspect arrest in a case under Section 318 BNS, you may apply for anticipatory bail.
- Must show cooperation and no intent to abscond
- Filed before Sessions Court or High Court
Regular Bail – Section 482 BNSS (Replaces CrPC 439)
Applicable once arrested. Bail depends on:
- Nature of the offence
- Strength of evidence
- Flight risk and prior record
High Court Intervention in Fraud Cases
Quashing of FIR – Section 484 BNSS (Replaces CrPC 482)
High Court lawyers in Chandigarh file quashing petitions when:
- FIR is filed for a civil dispute wrongly framed as criminal
- Parties have reached a compromise
- Allegations are vague or unsubstantiated
Typical Fraud & Cheating Scenarios in Chandigarh
Real Estate Cheating Cases
- Builders or brokers selling the same flat to multiple buyers
- Forged land ownership documents
Applicable Sections:
- Section 318 BNS (Cheating)
- Section 324 BNS (Criminal breach of trust)
- RERA Act (civil liability)
Corporate or Job Fraud
- Fake offer letters, interview scams, collecting deposits for job guarantees
Applicable Sections:
- Section 318 BNS
- Section 338 BNS (Forged document usage)
- Section 321 BNS (Personation)
Online Scams and Cyber Fraud
- Sextortion, phishing, OTP scams, fake websites
- Handled by Cyber Cell, Chandigarh
Applicable Laws:
- Information Technology Act, 2000
- Section 336 BNS (Fake digital documents)
- Section 318 BNS (Induced delivery of property)
Financial & Banking Fraud
- Falsified loan documents, fraudulent withdrawals
- CBI or EOW may investigate
Applicable Sections:
- Section 324 & 325 BNS
- Banking Regulation Act (as applicable)
Legal Defence Strategy Under New Law
Proving Lack of Intent
- Mens Rea (criminal intention) is a key ingredient. If missing, criminal liability may not apply.
Absence of Deception
- Miscommunication or non-performance of a contract alone doesn’t prove fraud
Presenting Factual & Documentary Evidence
- Bank statements, messages, written contracts
Procedural Defence
- Delay in FIR
- Police misconduct
- Lack of jurisdiction
Can a Civil Dispute Be Framed as Cheating?
Yes, it happens often — especially in financial disputes. However, courts have clarified:
- Breach of agreement is civil, unless intent to deceive is from the beginning
- Filing a criminal case for pressure or revenge is abuse of law
Simultaneous Civil and Criminal Remedies
Clients may:
- File a civil suit for recovery of money
- Initiate a criminal complaint under BNS for cheating
Courts allow both remedies as they serve different purposes.
With the implementation of Bharatiya Nyaya Sanhita, 2023, handling cheating or fraud cases in Chandigarh requires updated legal knowledge and professional guidance. Whether you are a student aiming to understand new criminal provisions or a person named in a complaint, it’s vital to stay informed about your rights, remedies, and legal strategy under BNS.
People searching for criminal lawyers in Chandigarh, criminal defense lawyers in Mohali, or high court advocates in Panchkula often need urgent legal assistance. While this guide does not offer direct legal solicitation, it ensures you are well-informed and legally aware in this critical area of criminal law.
FAQs on Cheating & Fraud Cases in Chandigarh
- What is the punishment for cheating under Section 318 BNS?
Under the new criminal law, Section 318 of the Bharatiya Nyaya Sanhita (BNS) provides a punishment of up to 7 years of imprisonment and fine. The offence is cognizable and non-bailable, making it critical to consult experienced criminal lawyers in Chandigarh or criminal defense advocates in Panchkula if named in such a case. - Can a cheating FIR be quashed by the High Court?
Yes. Under Section 484 BNSS (previously Section 482 CrPC), the High Court advocates in Chandigarh can file a petition to quash a cheating FIR if:
– Allegations clearly lack criminal intent
– The case arises from a purely contractual or civil dispute
– The complainant and accused have reached an out-of-court settlement
Many clients rely on high court lawyers in Chandigarh for FIR quashing petitions in such situations. - Is anticipatory bail available in a cheating case in Chandigarh?
Yes. Anticipatory bail can be sought under Section 480 BNSS by filing an application before the Sessions Court or High Court. If you are booked under Section 318 BNS for fraud or cheating, an experienced criminal advocate in Chandigarh can assist in securing bail before arrest. - What is the difference between cheating and breach of contract?
Cheating under Section 318 BNS involves criminal intent to deceive from the very beginning. In contrast, breach of contract falls under civil law, where one party merely fails to fulfill agreed terms. Understanding this distinction is important for both law students and anyone seeking legal advice from criminal lawyers in Mohali. - Can I face both criminal and civil action for the same transaction?
Yes. Victims of cheating can initiate a criminal case under BNS for prosecution and also file a civil suit for recovery. This is common in real estate fraud cases and business-related cheating disputes, especially in areas like Chandigarh, Panchkula, and Mohali, where dual legal action is frequently pursued with help from criminal defense lawyers and high court advocates.