Cheating under Section 420 IPC (now Section 318 BNS) versus Criminal Breach of Trust under Section 406 IPC (now Section 316 BNS) comparison graphic

Video: When Not to File Criminal Charges: Cheating vs Criminal Breach of Trust

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Video length: 1 min 27 sec · Published on YouTube: 24 September 2024 · Law Chambers of Mridul Jindal

What is this video about?

A short explainer on the difference between cheating (Section 420 IPC, now Section 318 BNS) and criminal breach of trust (Section 406 IPC, now Section 316 BNS), based on the Supreme Court’s ruling in Delhi Race Club v. State of U.P. (2024).

Key points

  • Cheating needs a dishonest intention at the very start of the transaction.
  • Criminal breach of trust needs property that was entrusted and later dishonestly misappropriated.
  • The Supreme Court criticised police for mechanically registering FIRs under both sections on the same facts.
  • Simple non-payment of a sale price is a civil dispute: the remedy is a civil or commercial suit, not an FIR.

Read the full article: When Not to File Criminal Charges: Cheating vs Criminal Breach of Trust · हिंदी में पढ़ें

This video and summary are general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.

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Adv. Mridul Jindal

Adv. Mridul Jindal

Adv. Mridul Jindal is a first-generation lawyer and a graduate of Jindal Global Law School. Enrolled with the Bar Council of Delhi on 14 July 2021 (Enrolment No. D/3547/2021), he practises before the Supreme Court of India, the Delhi High Court, and district courts, tribunals and consumer forums across Delhi, Ghaziabad and Noida. He is a member of the Supreme Court Bar Association, the Delhi High Court Bar Association, the Central Delhi Court Bar Association, the Shahdara Bar Association and the New Delhi Bar Association. His practice is centred on criminal and constitutional law, including bail, FIR quashing and writ petitions, and also covers civil, property, family, consumer and commercial matters. Full profile: https://advmriduljindal.com/about.php

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