● Retained in BNS
IPC Section 415 defined cheating itself: deceiving a person and thereby fraudulently or dishonestly inducing them to do or omit an act. Under the BNS, the same definition continues as Section 318(1). It carries no punishment of its own; punishment is set out in the sections that follow (BNS 318(2)-(4), formerly IPC 417 and 420).
Section 415 IPC defined cheating: whoever, by deceiving any person, fraudulently or dishonestly induces that person to deliver property, consent to retention of property, or induces an act or omission likely to cause damage or harm, is said to cheat. This definition had no independent punishment; punishment was prescribed separately under IPC 417 (simple cheating) and IPC 420 (cheating with property delivery).
BNS Section 318(1) retains the same definition of cheating without substantive change. Punishment continues to be set out separately: simple cheating under 318(2) (up to 3 years), cheating by a person bound to protect the victim's interest under 318(3) (up to 5 years), and cheating with delivery of property under 318(4) (up to 7 years, the renumbered "420").
Substance retained; the definition is renumbered from IPC 415 to BNS 318(1), with all cheating offences and their punishments consolidated under BNS Section 318 rather than spread across 415, 417 and 420 as under the IPC.
Section 415 itself carries no independent punishment. Simple cheating is punished under Section 417 with imprisonment up to 1 year, or fine, or both. Cheating that dishonestly induces delivery of property or a valuable security is punished under Section 420 with imprisonment up to 7 years, and fine..
IPC 415 is bailable under section 417; non-bailable under section 420..
This is a non-cognizable under section 417; cognizable under section 420. offence.
Compoundable by the person cheated, with the permission of the court, under both sections..
Matters under IPC 415 are tried before the Any Magistrate under Section 417; not triable by any court below a Magistrate of the First Class under Section 420..
Common defences include disputing dishonest or fraudulent intention at the time of the representation (a later failure to keep a promise is a civil breach, not cheating), that no false representation of fact was actually made, and that the complainant did not part with property or consent because of the alleged deception.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons