How to File a Cheating Case in India – Complete Guide BNS
How to File a Cheating Case in India – Complete Guide BNS
Introduction:
Cheating is a punishable criminal offense under Bhartiya Nyaya Sanhita. If someone deceives you intentionally and causes wrongful loss or gain through fraud, you have the right to file a complaint and take legal action. This guide explains how to file a cheating case, required evidence, and the step-by-step legal process.
?? What is BNS Section 318?
Section 318, 318(1), 318(2), 318(4) of BNS punishes anyone who cheats and dishonestly induces another person to deliver property or valuable security.
Key Ingredients:
Deception of a person
Fraudulent or dishonest intention from the beginning
Causing wrongful loss or gain
Punishment:
Up to 7 years of imprisonment + fine.
?? Common Real-Life Examples
Giving fake job offers and collecting money
Selling property without ownership
Taking advance and not delivering product
Fraudulent loan or investment scams
?? How to File a Cheating Case in India (Step-by-Step)
Step 1: Collect Proof
Signed agreements, WhatsApp chats, call recordings, emails, receipts, etc.
Step 2: File a Police Complaint
Visit your nearest police station and narrate the facts clearly.
Mention the word "cheating", "fraud", and "criminal intention from beginning".
If police refuse, file complaint to higher authority or SP.
Step 3: FIR Registration
Once the police are satisfied, they will register an FIR under Section 318, 318(4) BNS.
Step 4: Investigation
Police will investigate, collect call detail records (CDRs), bank statements, etc.
Step 5: Court Proceedings
Once charge sheet is filed, case is taken to criminal court.
Trial begins after framing of charges.
?? Civil vs Criminal Cheating – What to File?
Type of Case Purpose Where to File
Criminal (BNS) - To punish the accused - Police station & Criminal Court
Civil - To recover money/loss - Civil Court with jurisdiction
?? You can file both cases simultaneously.
?? Tips for Success
Always file in writing and keep a copy.
Keep a timeline of events with evidence.
Don't delay too much – timely complaint matters.
Consult a lawyer for framing the complaint correctly.
?? Final Words
Cheating is a serious offense. Law protects those who act with honesty and good faith. Filing a FIR case is your right, and this guide should help you take legal action without confusion.
