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.
Punishment, Bail & Court Details
Q1) Section 318(4) BNS Punishment?
Ans: Imprisonment for 7 years and fine.
Q2) Section 318(4) BNS Cognizable or Non-cognizable?
Ans: Cognizable.
Q3) Section 318(4) BNS Bailable or Non-bailable?
Ans: Non-bailable.
Q4) Person by whom offence may be compounded?
Ans: The person cheated. With the permission of the Court before which any prosecution for such offence is pending.
Q5) By what Court triable?
Ans: Magistrate of the first class.
AIBE MCQs on Section 318(4) BNS
Q1. The essential ingredients of an offence under Section 318(4) BNS include:
A. Cheating and wrongful restraint
B. Cheating and dishonest inducement to deliver property or alter a valuable security
C. Criminal breach of trust and misappropriation
D. Dishonest intention without delivery of property
Answer: B
Q2. Under Section 318(4) BNS, the term “valuable security” refers to:
A. Only movable property of high value
B. Any document creating, extending, transferring, or extinguishing a legal right
C. Only negotiable instruments
D. Only government securities
Answer: B
Q3. For an offence under Section 318(4) BNS, the dishonest intention must exist:
A. After the property is delivered
B. At the time of inducement
C. Only at the time of trial
D. At any stage, even subsequently
Answer: B
Q4. Which of the following acts would amount to an offence under Section 318(4) BNS?
A. Mere breach of contract without dishonest intention
B. Inducing a person by deception to sign a document capable of being converted into a valuable security
C. Refusing to repay a lawful debt
D. Giving false evidence in court
Answer: B
Q5. The punishment prescribed under Section 318(4) BNS is:
A. Imprisonment up to three years or fine
B. Imprisonment up to five years only
C. Imprisonment up to seven years and fine
D. Fine only
Answer: C
Q6. Section 318(4) BNS is attracted when the accused cheats and dishonestly induces the victim to:
A. Transfer immovable property only
B. Deliver property or alter/destroy a valuable security
C. Make an oral promise
D. Commit an offence
Answer: B
Q7. Which of the following is NOT required to constitute an offence under Section 318(4) BNS?
A. Deception
B. Dishonest inducement
C. Delivery of property or alteration of valuable security
D. Use of criminal force
Answer: D
Q8. A induces B by deception to destroy a signed document that could be converted into a valuable security. A’s act amounts to:
A. No offence
B. Criminal intimidation
C. Cheating under Section 318(4) BNS
D. Defamation
Answer: C
Q9. Which of the following best distinguishes Section 318(4) BNS from mere civil liability?
A. Presence of monetary loss
B. Existence of dishonest intention at the inception
C. Breach of promise
D. Non-performance of contract
Answer: B
Q10. Section 318(4) BNS corresponds most closely to which provision under the Indian Penal Code, 1860?
A. Section 405 IPC
B. Section 415 IPC
C. Section 420 IPC
D. Section 463 IPC
Answer: C