Section 316 BNS- Punishment, Bailable or Not?

Section 316 of Bhartiya Nyaya Sanhita: Section 316 (1) pertains to the offence of cheating. It states that whoever, by deceiving any person, fraudulently or dishonestly induces that person to deliver any property to another person, or to consent that any person shall retain any property, or intentionally induces the deceived person to do or omit to do anything which they would not do or omit if not deceived, and if such act or omission causes or is likely to cause damage or harm to the deceived person in body, mind, reputation, or property, is considered to have committed the offence of cheating.

section 316 bns

Section 316 BNS (Bhartiya Nyaya Sanhita)

316 (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat.”

Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.

Section 316 BNS Illustrations:

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

Section 316 BNS Punishment

316 (2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

316 (3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

316 (4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

316 BNS Bailable or Not?

Section 316 BNS is a Cognizable and Non-bailable offence.

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Section 316 BNS Summary

The section further explains that a dishonest concealment of facts constitutes deception. It provides illustrations to clarify instances of cheating, such as false pretences, counterfeit marks, false samples, and intentional deception in various transactions.

The punishments for cheating are outlined in subsequent subsections:

  • (2) Whoever cheats may be punished with imprisonment of either description for a term extending up to three years, or with a fine, or both.
  • (3) If the cheater has knowledge that their actions are likely to cause wrongful loss to a person whose interest in the transaction they were bound to protect by law or a legal contract, the punishment may extend to five years of imprisonment, or a fine, or both.
  • (4) If cheating involves inducing the deceived person to deliver property or manipulate a valuable security, the punishment may extend to seven years of imprisonment, and a fine may also be imposed.

This section aims to address fraudulent and deceptive practices that result in harm or loss to individuals and provides a legal framework for penalizing such actions.

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