Bare ActsThe Bharatiya Nyaya Sanhita, 2023 (Draft stage of translated version)

Section 318

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(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. 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.Acheats. (e)A, by pledging as diamonds 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)Aintentionally deceives Z into a belief thatAhas performedA’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. Cheating. 86 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ____________________________________________________________ _____________________________________________________________ ____________________________________________________________ ___________________________________________________________ ________________________________________________________ _____________________________________________________________ 86 THE GAZETTE OF INDIA EXTRAORDINARY [Part II- ꯅꯝꯊꯥꯛꯇꯧꯕ꯫ (꯴) ꯃꯍꯥꯛꯅꯈꯪꯂꯕꯅꯠꯇ꯭ꯔꯒꯍꯨꯔꯥꯟꯂꯛꯄꯄꯣꯠꯅꯤꯍꯥꯏꯅꯊꯥꯖꯕꯒꯤꯃꯔꯝꯂꯩꯕꯄꯣꯠꯑꯗꯨꯇꯣꯏꯅꯂꯧꯕꯅꯠꯇ꯭ꯔꯒ ꯂꯂꯣꯟ-ꯏꯇꯤꯛꯇꯧꯕꯃꯤꯑꯣꯏꯑꯃꯍꯦꯛꯇꯕꯨꯄꯨꯟꯁꯤꯆꯨꯞꯄꯒꯤꯑꯣꯏꯅꯐꯥꯗꯣꯛꯄꯤꯒꯅꯤ, ꯅꯠꯇ꯭ꯔꯒꯆꯍꯤꯇꯔꯥꯐꯥꯎꯕꯍꯦꯟꯒꯠꯍꯟꯕ ꯌꯥꯕꯃꯇꯝꯑꯃꯒꯤꯑꯣꯏꯅꯑꯀꯨꯞꯄꯃꯔꯣꯜꯑꯅꯤꯃꯛꯇꯐꯥꯗꯣꯛꯄꯤꯒꯅꯤ, ꯑꯃꯁꯨꯡꯐꯥꯏꯟꯁꯨꯄꯤꯒꯅꯤ꯫ (꯵) ꯃꯍꯥꯛꯅꯈꯪꯂꯕꯅꯠꯇ꯭ꯔꯒꯍꯣꯟꯗꯣꯛꯈꯤꯕꯄꯣꯠꯅꯤꯍꯥꯏꯅꯊꯥꯖꯕꯒꯤꯃꯔꯝꯂꯩꯕꯄꯣꯠꯑꯗꯨꯂꯣꯠꯁꯟꯅꯅꯕꯅꯠꯇ꯭ꯔꯒ ꯂꯧꯊꯣꯛꯄꯗꯅꯠꯇ꯭ꯔꯒꯂꯧꯊꯣꯛꯄꯗꯃꯁꯥꯃꯊꯟꯇꯃꯇꯦꯡꯄꯥꯡꯂꯤꯕꯃꯤꯑꯣꯏꯑꯗꯨꯆꯍꯤꯑꯍꯨꯝꯐꯥꯎꯕꯍꯦꯟꯒꯠꯍꯟꯕꯌꯥꯕꯃꯇꯝ ꯑꯃꯒꯤꯑꯣꯏꯅ, ꯅꯠꯇ꯭ꯔꯒꯐꯥꯏꯟ, ꯅꯠꯇ꯭ꯔꯒꯑꯅꯤꯃꯛꯄꯤꯕꯌꯥꯏ꯫ ꯅꯝꯊꯥꯛꯀꯤꯃꯇꯥꯡꯗ

Section 318 – The Bharatiya Nyaya Sanhita, 2023 (Draft stage of translated version) | DailyLaw.ai