Allegations of cheating can have devastating consequences on a person’s reputation and livelihood. Section 318 of the Bharatiya Nyaya Sanhita, 2023 criminalizes cheating, but there are situations where false cases are filed with malicious intent. It is important to understand what constitutes cheating and the remedies available if you are falsely accused.
What is Cheating Under BNS?
Cheating involves deceiving a person with dishonest intention, causing them to deliver property or suffer harm. The key ingredient is dishonest intention at the very beginning of the transaction. For example, if someone takes money promising to deliver goods but never intended to deliver them, it amounts to cheating.
Judicial Approach
The Supreme Court in Hridaya Ranjan Prasad Verma v. State of Bihar (2000) clarified that mere breach of contract is not cheating. Unless there was dishonest intention at the inception, criminal liability cannot arise. This precedent is crucial in protecting individuals from false allegations.
Remedies for False Cases
If falsely accused, the first step is to apply for anticipatory bail. Evidence like written agreements, receipts, and correspondence should be collected to show absence of dishonest intention. The High Court can be approached under Section 482 BNSS to quash frivolous FIRs. In cases of malicious prosecution, compensation can also be claimed.
Conclusion
False cases of cheating are not uncommon, but the law provides safeguards. By relying on precedents like Hridaya Ranjan Prasad Verma and using remedies such as anticipatory bail and quashing petitions, individuals can protect themselves from wrongful prosecution.