Quick answer: Cheating and fraud
Cheating is now Section 318 of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 420 IPC) and criminal breach of trust is Section 316 (earlier Section 406). The difference matters: cheating requires dishonest intention from the beginning, while breach of trust involves misusing property that was lawfully entrusted. Many disputes are purely civil, and the High Court can quash criminal cases that are really contract disputes. Law Chambers of Mridul Jindal handles these matters in Ghaziabad, Noida and Delhi. Call +91-8800669834.
Cheating and Criminal Breach of Trust Under the BNS
Money taken for a deal that never happened, an investment that disappeared, goods entrusted and not returned, a property sold twice: these are among the most common disputes that reach the police. Under the Bharatiya Nyaya Sanhita, 2023, the main offences are cheating under Section 318 (earlier Section 420 IPC) and criminal breach of trust under Section 316 (earlier Section 406 IPC), often with criminal conspiracy under Section 61.
The Law Chambers of Mridul Jindal acts both for people who have been cheated and for people accused of cheating or breach of trust, before the courts in Noida, Ghaziabad and Delhi, the Economic Offences Wing where applicable, and the High Courts.
For a plain-language explanation of the difference between the two offences, see our article on cheating vs criminal breach of trust (Sections 318 and 316 BNS).
Criminal Case or Civil Dispute?
Not every broken promise or unpaid amount is a crime. Cheating requires a dishonest intention at the very beginning of the transaction. In Mohammed Ibrahim v. State of Bihar (2009) and many later rulings, the Supreme Court has held that a mere breach of contract does not amount to cheating. In Delhi Race Club v. State of U.P. (2024), it explained that cheating and criminal breach of trust are distinct offences, which cannot both arise from the same act in the way they are often casually alleged together.
Courts are also critical of attempts to use criminal cases as a pressure tactic to recover money in purely commercial disputes. Choosing the right route at the start, whether an FIR, a legal notice and civil recovery, or both, saves time and protects your credibility.
If You Have Been Cheated
We assess whether the facts disclose a criminal offence, prepare a clear complaint with supporting documents, and follow up with the police. Where the police do not register an FIR, an application can be made to the Magistrate under Section 175(3) BNSS (earlier Section 156(3) CrPC) for a direction to investigate.
For online or banking fraud, see our cybercrime page. Where money has been lost in a commercial transaction, recovery steps, such as a civil suit, arbitration or insolvency proceedings, can run alongside the criminal case.
If You Have Been Accused
We seek anticipatory bail where there is a risk of arrest, respond to police notices, and, where the dispute is essentially civil or the complaint does not show dishonest intention from the beginning, file a petition to quash the FIR under Section 528 BNSS before the High Court. Where the parties settle, quashing on the basis of the settlement may also be possible.
Documents to bring: the agreement or understanding between the parties, payment records, correspondence and chats, the FIR or complaint (if filed), and any police notice.
Consultations are by prior appointment at our Indirapuram chamber or online. Please contact us to schedule a meeting. This page is general information, not legal advice.
Frequently Asked Questions on Cheating and Fraud Cases
Cheating, earlier Section 420 IPC, is now Section 318 of the Bharatiya Nyaya Sanhita, 2023, for offences committed on or after 1 July 2024. Criminal breach of trust, earlier Section 406 IPC, is now Section 316 BNS.
Not by itself. Cheating requires a dishonest intention at the time of the transaction. A later failure to pay is usually a civil dispute, though the facts of each case matter.
You can approach the senior police officers and, if needed, apply to the Magistrate under Section 175(3) BNSS for a direction to register and investigate the case.
Yes, the High Court can quash proceedings under Section 528 BNSS where the complaint does not disclose an offence, the dispute is purely civil, or, in suitable cases, where the parties have settled.
Cheated, or accused of fraud?
Whether a matter is criminal or only a contract dispute changes everything. Speak to Adv. Mridul Jindal about the right route.
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