Definition of Section 318(4) BNS According to the Government of India
Section 318(4) BNS: Cheating and dishonestly inducing delivery of property.— 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.
Section 318(4) BNS Punishment, Bail, and Trial Procedure
| Section | Section 318(4) BNS |
|---|---|
| Punishment | Imprisonment for 7 years and fine. |
| Cognizable or Not | Cognizable |
| Bailable or Not | Non-bailable |
| Person by whom offence may be compounded | The person cheated. With the permission of the Court before which any prosecution for such offence is pending. |
| By what Court triable | Magistrate of the first class |
Meaning of BNS Section 318(4)
This section 318(4) BNS is about cheating someone to wrongly get their property or valuable documents. It applies when a person knowingly lies or misleads another person, and because of that lie, the victim gives away property like money, jewellery, or goods to someone.
It also applies when the victim is tricked into making, changing, or destroying important documents such as shares, bonds, contracts, or any papers that can have financial value.
In such cases, the person who cheats can be punished with imprisonment for up to seven years and may also have to pay a fine. This is the modern version of Section 420 of the Indian Penal Code (IPC).
Example 1 – Cheating to get money
A tells B, “I will invest your ₹50,000 in a government scheme and double it in one month.” B gives him the money. A does not invest it and runs away. This is cheating under Section 318(4) because A dishonestly got money from B.
Example 2 – Cheating with valuable documents
A says, “Sign this paper to B as it is only a formality for a bank loan.” The paper is actually a power of attorney that allows the cheater to sell B’s house. B signs it without knowing the truth. This is cheating under Section 318(4) because the cheater dishonestly made B sign a valuable document.
Example 3 – Altering valuable property
A dishonest person convinces a company employee to change the records of share ownership. The cheater gets some shares transferred to himself. This is cheating under Section 318(4) because the cheater dishonestly caused alteration of valuable documents.
Essential Elements of Section BNS 318(4)
- Dishonest Intention (Mens Rea): The offender must intend dishonestly from the beginning, aiming to gain or cause loss.
- Cheating / Deception (Actus Reus)
- The offender cheats or deceives someone.
- Deception means making the victim believe something false.
- Inducement: The cheating induces the victim to act. The victim acts because of the deception, not voluntarily.
- Resulting Act by Victim: The victim, due to inducement, does one of the following:
- Delivers property to someone.
- Makes, alters, or destroys a valuable security.
- Signs or seals something capable of becoming a valuable security.