Cheating, fraud and breach of trust under the BNS: what the sections mean
Updated 2026-10 · General information, not legal advice.
The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code. If someone cheated you of money, the police complaint usually refers to cheating or criminal breach of trust. Knowing the terms helps you describe what happened.
When to use this
- Someone took your money with a false promise
- Money or property you handed over was misused
- You are writing a police complaint and want to describe it correctly
Step by step
- 1
Cheating (section 318)
Roughly: deceiving someone so that they hand over money or property they would not otherwise have given. The dishonest intention must be there from the start.
- 2
Criminal breach of trust (section 316)
Roughly: you trusted someone with money or property and they dishonestly used it or kept it. It is about misuse of something entrusted.
- 3
Describe facts, not sections
In your police complaint, write what happened, with dates, amounts and proof. The police and the advocate decide the sections.
- 4
Know the other remedies
You can also pursue a civil or consumer case for the money. A fraud involving UPI or cards should also be reported on 1930 and cybercrime.gov.in.
Key facts
- Section numbers are for understanding; the police decide the charges
- A broken promise alone is not always a crime; intention matters
- Keep proof of the money trail
Get your free action plan
Tell us what happened. We show your options, draft the letters and track every deadline.
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Share on WhatsApp (opens in a new tab)Common questions
Is a failed business deal cheating?
Not automatically. Courts look for dishonest intention from the start.
Where do I file?
At the police station, or online for cyber fraud. Our FIR guide shows how.